CHAPTER 7.16
ANIMAL REGULATIONS
Section
7.16.010 Condition of keeping domestic animals
7.16.030 Dogs at large prohibited - exceptions
7.16.040 Stray dogs - citizen impoundment
7.16.050 Complaints of nuisances - notice - abatement
7.16.060 Diseased and injured dogs
7.16.070 Infectious disease outside the City
7.16.080 Disposal of dead dogs
7.16.010 CONDITION OF KEEPING DOMESTIC ANIMALS.
It is a nuisance and shall be unlawful to keep or permit to be kept upon any premises in the City any domestic animal except as permitted by Title 7 as amended from time-to-time. This section shall not be construed as waiving or excepting any of the provisions of any other section of Title 7. (Ord. 891, § 2, passed 02-14-2011)
7.16.020 CONTROL OF ANIMALS.
It is unlawful within the City for any person owning, harboring, or controlling any animal, to knowingly:
A. Abandon such animal in the City.
B. Permit the animal to trespass on public or private property so as to damage or destroy anything of value thereon, or to commit a nuisance thereon.
C. Permit the animal to run at large when he or she knows, or should know, that the animal is dangerous to the safety of any person or animal.
D. In the case of a female dog, to permit such dog to run at large or remain accessible to other dogs running at large while such female dog is in heat or breeding condition.
E. In the case of dogs, to permit such dog to trespass on any parcel of property whereon livestock or domestic fowl are kept.
F. In the case of dogs, to permit such dog to roam off the premises where such dog is kept.
G. Permit the animal to be staked or tied on any street or other public place, or upon any private property, without the consent of the owner or occupant thereof.
H. Refuse to display such animal to an Animal Control Officer upon his or her reasonable request, together with a current license tag for such animal, if a license is required by Chapter 7.12.
I. Refuse to obey the conditions of a lawfully imposed quarantine.
J. Permit any dog under the age of four (4) months to run at large.
K. Permit any dog to defecate upon the public property of this City or upon the private property of another unless the person immediately removes the feces and properly disposes of it to avoid creating pollution from fecal material in storm water runoff that enters any waters of the state. (Visually disabled person who use seeing-eye guide dogs are exempt from this section.)
L. Walk a dog on public property of this City or upon the private property of another without carrying, at all times, a suitable container or other suitable instrument for the removal and disposal of dog feces. (Visually disabled person who use seeing-eye guide dogs are exempt from this section.)
M. In the case of a dog required to be licensed pursuant to Chapter 7.12, to permit to remain attached to such dog a license issued by the City or any other city or county in the State for any current or immediately preceding year, when such license was not issued for such dog.
N. It is unlawful for any person to keep, own, or maintain in excess of five (5) dogs or five (5) cats or any combination of dogs and cats in excess of five (5) animals, excluding puppies and kittens, upon any parcel of property within the City limits of less than one (1) acre. Five (5) of each species will be allowed on a parcel of property of one (1) acre or more. Regulations governing animal-keeping can be found in § 17.42.040 of the City’s Coastal Land Use and Development Code and § 18.42.040 of the City’s Land Use and Development Code, as those sections are amended from time-to-time.
(Ord. 891, § 2, passed 02-14-2011; Am. Ord. 895, § 3, passed 07-11-2011)
7.16.030 DOGS AT LARGE PROHIBITED - EXCEPTIONS.
A. No person owning or having a dog in his or her care, charge, control, custody or possession shall cause, permit or allow such dog to be at large in or upon any public street, road, alley or other public place unless such dog is under restraint by a substantial leash or chain, except when the dog is confined to a motor vehicle or other enclosure under humane conditions.
B. In no event shall any person owning or otherwise having a dog in his or her care, charge, control, custody or possession cause, allow or permit such dog to enter upon private property without the consent of a person in possession of such private property, or to damage or destroy any lawn, tree, shrub, or other planting upon such property, or any other improvement or thing of value upon such property.
C. The prohibition in subsection A shall not apply to:
1. A guide dog, signal dog, or service dog with a valid assistance dog identification tag assisting, or in training to assist, a person with a disability.
2. A dog assisting, or in training to assist, a peace officer who is engaged in law enforcement duties.
3. A dog enrolled and actively participating in a commercial dog training or obedience class, exhibition or competition.
D. Any dog found at any place at any time not under the restraint required by this section, or upon private property of a person other than the owner or person having custody or control of the dog, in violation of the requirement of this section, is subject to impoundment, and shall be impounded unless taken under immediate restraint by leash or chain by a person who has the right to control or care for such dog.
(Ord. 891, § 2, passed 02-14-2011)
7.16.040 STRAY DOGS - CITIZEN IMPOUNDMENT.
Any person who finds a stray dog may take possession of it and hold it. However, within six (6) hours after securing possession, he or she shall notify an Animal Control Officer and surrender the dog to the officer on demand. (Ord. 891, § 2, passed 02-14-2011)
7.16.050 COMPLAINTS OF NUISANCE - NOTICE - ABATEMENT.
A. It is unlawful and a public nuisance for any person to keep, maintain, or permit in or upon any premises within the City any barking dog that is under the control of that person. “Barking dog” means a dog that barks, bays, cries, howls, or makes any other noise continuously and incessantly for a period of ten (10) minutes within a fifteen (15) minute period to the disturbance of any other person. The issuance of a citation shall be within the discretion of the Animal Control Officer or other enforcement person.
B. No owners of any dog shall permit such dog to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling, or making other noise.
C. Whenever an Animal Control Officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Animal Control Officer may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the Animal Control Officer shall investigate the alleged nuisance; provided, however, that where there is only one (1) person residing or regularly employed within three hundred (300’) feet of the alleged public nuisance, written affirmation of only that one (1) person shall be required for the Animal Control Officer to investigate the alleged nuisance. If, upon investigation, the Animal Control Officer determines that a public nuisance exists, the Animal Control Officer may issue an order to the owner of the offending dog directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the Animal Control Officer may immediately refer the matter to the District Attorney for prosecution of the public nuisance.
D. Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section.
E. Notwithstanding any of the preceding, no dog which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such dog is owned and kept in compliance with this chapter and State law.
(Ord. 891, § 2, passed 02-14-2011)
7.16.060 DISEASED AND INJURED DOGS.
A. No person who owns or has charge of a dog that is infected with a disease transmissible to a human, or that otherwise constitutes a public health hazard, may permit the dog to remain within the City, other than in the custody of a duly licensed doctor of veterinary medicine.
B. The Animal Control Officer shall seize and impound any dog he or she reasonably believes is infected with a disease transmissible to a human or that otherwise constitutes a public health hazard. Every reasonable effort shall be made to inform the owner of the dog of its seizure and impoundment.
C. The Animal Control Officer shall seize and impound any dog he or she reasonably believes has been seriously injured if the owner of the dog cannot be immediately located by reasonable efforts. Every reasonable effort shall be made to inform the owner after seizure and impoundment.
D. Following the seizure of a diseased or seriously injured dog, the Animal Control Officer shall have the dog examined by a veterinarian. If the veterinarian concludes that the dog constitutes a public health hazard, or that the dog is so seriously injured as to be unlikely to survive, the dog shall be humanely destroyed by the veterinarian.
(Ord. 891, § 2, passed 02-14-2011)
7.16.070 INFECTIOUS DISEASE OUTSIDE THE CITY.
When the County EH determines that an infectious disease exists among dogs in an area and that importation of a dog from the area might spread disease within the City, he or she may refuse to permit the shipment of a dog from that area to the City unless accompanied by a health certificate signed by a licensed doctor of veterinary medicine certifying that the dog for which the certificate is issued is not infected or exposed to an infectious disease. A dog entering the City from that area without such a certificate may be quarantined, confiscated, or disposed of by the EH to eliminate any danger of persons or animals within the City being exposed to infection. (Ord. 891, § 2, passed 02-14-2011)
7.16.080 DISPOSAL OF DEAD DOGS.
When a dog dies in the City, the person who owned or had custody of the dog shall, within 24 hours of the dog’s death, provide for the burial, incineration, or other disposition of the body of the dog in a safe and sanitary manner. (Ord. 891, § 2, passed 02-14-2011)