Chapter 6.50 PROHIBITED ACTIVITIES

It shall be unlawful and shall constitute a public nuisance for any person to keep within the limits of the city any dangerous or exotic animal or combination of any animals that unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal or combination of animals is kept, or interferes with any person in the reasonable and comfortable enjoyment of life or property, or creates a significant risk of injury to life or property. (Ord. 16-2018 § 1, 6-5-18.)

6.50.020 Excessive noise prohibited.

It shall be unlawful for a person to keep or permit to remain on any premises within the city any animal or combination of animals that habitually, unnecessarily, and unreasonably disturbs the peace and quiet of any neighborhood or person by howling, barking, crying, baying, crowing, or making any other noise. (Ord. 16-2018 § 1, 6-5-18.)

6.50.030 Animals running at large.

It is unlawful for any person owning or having control of any animal to permit the animal to stray or run at large upon any public street or other public place, or upon any private place or property or common area of any planned development, cluster, townhouse or condominium project, without the consent of the property owner or person in control of the property. (Ord. 16-2018 § 1, 6-5-18.)

6.50.040 Restraint of dogs.

(a) The dog owner or person with a right to control a dog must keep the dog confined to his or her premises or keep the dog confined behind a fence of sufficient height and construction to safely contain the dog.

(b) The dog owner or person with a right to control a dog must keep the dog under direct physical restraint by means of a leash not to exceed six feet in length when the dog is on any public street, public sidewalk, other public place, event on public property, or at any private place or property or common area of any planned development cluster, townhouse, or on any condominium project without the consent of the owner or person in control thereof.

(1) Service dogs while such dogs are performing their duties;

(2) Dogs assisting either their owner in legal hunting or in the herding of livestock;

(3) Police dogs assisting a peace officer engaged in law enforcement activities;

(4) Dogs being trained for any of the above purposes on private land with permission of the landowner, as long as such dogs are under direct control of either the dog owner or person with a right to control the dogs to assure that the dogs do not violate any other provisions of law;

(5) Dogs subject to regulation as potentially dangerous or vicious dogs under Chapter 6.60;

(6) Dogs participating in field or obedience trials or exhibitions located on a public place and approved by the city; or

(7) Dogs within a posted off-leash area located in any city-owned land; provided, however, that nothing herein relieves either the dog owner or person with a right to control such dog from the responsibility to maintain proper control over the dog. (Ord. 16-2018 § 1, 6-5-18; Ord. 10-2022 § 12, 10-4-22.)

6.50.050 Abandonment.

It shall be unlawful for the owner of any animal to abandon the animal upon any public or private property. (Ord. 16-2018 § 1, 6-5-18.)

6.50.060 Feeding of animals on posted property prohibited.

It is unlawful for any person to feed, cause to be fed, offer food to any animal (which specifically includes birds), or to scatter food, seed or other forms of matter edible to animals (collectively referred to as “feed” or “feeding”) on any public property (which includes, but is not limited to, public buildings, streets, street rights-of-way, sidewalks, driveways, parks, school grounds, public facilities or any other public property), or private property or portion thereof, in the city which has been posted with a sign(s) warning that it is illegal to feed animals on the posted property. (Ord. 16-2018 § 1, 6-5-18.)

6.50.070 Unaccompanied livestock on roadways prohibited.

It is unlawful for any person controlling the possession of any livestock to voluntarily or negligently permit any such livestock to stray upon or remain unaccompanied by a person in charge or control thereof upon a public roadway. (Ord. 16-2018 § 1, 6-5-18.)

6.50.080 Animals on city property.

It is unlawful for any person having the control or care of any animal to permit such animal to enter or remain on city property and/or in city-owned or city-managed buildings other than a building used for the purpose of care, detention, control or treatment of animals, or areas designated as “dog parks” or “off-leash areas,” or a building used for training classes, shows or exhibitions. This section does not apply to persons who have a visual or auditory disability and who use dogs for guidance or to accommodate a disability, service dogs in formal training programs, or police dogs used in law enforcement, or persons expressly authorized by the city manager, upon finding that the animal will not be disruptive to the operations of the city, or a hazard to persons or property. (Ord. 16-2018 § 1, 6-5-18.)

6.50.090 Public nuisance.

(a) It is unlawful for any person owning or having control of any animal to permit the animal to do any of the following:

(1) Defecate or urinate on private property (other than that of the owner or person having control of the animal);

(2) Defecate on public property without immediately removing the excrement to a proper receptacle;

(3) Obstruct or interfere with the reasonable and comfortable use of property by chasing vehicles, molesting passersby, barking, howling, baying or making any other noise;

(4) Permit unsanitary conditions to exist on the premises where the animal is kept that would cause odors, attract flies or vermin, or otherwise be injurious to public health and safety, or be indecent, or offensive to the senses, or be such an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by other persons;

(5) Trespass on school grounds, excluding police dogs, service dogs, and service dogs in formal training programs;

(6) Attack other humans or animals without provocation;

(7) Damage private or public property;

(8) Repeatedly run at large;

(9) Run at large while in the stage of heat;

(10) Engage in practices relating to the care and maintenance of an animal which are contrary to proper care as required in Chapter 6.10, Article II.

(b) A violation of this section is hereby declared to be a public nuisance.

(d) Any private person may maintain an action under Cal. Civ. Code § 3493 for enforcement of this section declaring certain acts a public nuisance, if such acts are specifically injurious to that person. (Ord. 16-2018 § 1, 6-5-18.)

6.50.100 Animals and vehicles.

(a) It is unlawful for any person to transport or carry any animal in or on a motor vehicle on any public highway, street or roadway located within the city limits unless the animal is safely enclosed within the vehicle or otherwise safely attached or secured to the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from or being thrown from the vehicle while the vehicle is in motion.

(b) It is unlawful for any person to leave any animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures that may adversely affect the health or well-being of the animal.

(c) An animal control officer, police officer or community safety officer is authorized to use reasonable force to remove an animal from a vehicle when it appears that the animal’s health, safety or welfare is or will be endangered. (Ord. 16-2018 § 1, 6-5-18.)

6.50.110 Interference with police dogs.

It is unlawful for any person to injure, torture, tease, kick, strike, mutilate, disable, kill or otherwise interfere with any police dog within the jurisdictional boundaries of the city while the police dog(s) is in the custody of a police officer and/or is being used in the performance of official duties. (Ord. 16-2018 § 1, 6-5-18.)

6.50.120 Diseased animals.

(a) No person owning or having charge of any animal known to be infected with any disease transmittable to humans shall permit such animal to be or remain within the city other than at an approved veterinary hospital unless the animal services manager approves an alternative means of confinement.

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

(c) Diseased, dangerous, or vicious animals, which are a danger to public health or safety, shall be impounded and may be destroyed. (Ord. 16-2018 § 1, 6-5-18.)

6.50.130 Dead animals.

Upon the death of any animal, the owner shall provide for the burial, incineration or other disposition of the body of the animal. If the owner of any dead animal is unable to provide for burial or other disposition, the owner may request the animal control officer to dispose of the body of the animal.

Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal control officer will remove the animal’s body immediately; provided, however, that the animal control officer shall not be required to remove and dispose of bodies of dead animals on state highways or on state property. Before disposing of the body of a dead animal, the animal control officer will give notice to the owner of the animal, if known, within 72 hours of the time that the dead animal is removed.

The animal services manager will collect a fee sufficient to recover costs associated with removal and general disposal of dead animals which shall be paid by the owner, if known; but no fee for general disposal shall be charged to the owner of a dead dog or cat if that person is 60 years or older. The fee shall be set in a resolution adopted by the city council. (Ord. 16-2018 § 1, 6-5-18; Ord. 19-2018 § 3, 9-18-18.)

6.50.140 Poisoning and abusing dogs, cats or other domestic animals.

In addition to Cal. Penal Code § 596, it is unlawful for any person to willfully administer poison to any dog, cat or other domestic animal, or to willfully place, expose or leave poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat or other domestic animal. Further, it is unlawful for any person to maliciously kill, maim, wound, mutilate, torment, torture or physically abuse any animal. (Ord. 16-2018 § 1, 6-5-18.)

6.50.150 Knowledge of bite – Duty to report.

Whenever any person having charge, control, custody, or possession of any animal has knowledge that such animal has bitten any person or animal or has been bitten by another animal, the owner or person with the right to control the animal shall report said fact immediately to the Fremont police department or animal services division. The report shall state the name and address of the person or animal bitten, a description of the biting animal, the name and address of the owner of the biting animal, if known, and any other pertinent information as requested by the chief of police. Pursuant to Title 17, Section 2606 of the California Code of Regulations (CCR), all cases of animal bites treated by any physician shall be reported by the physician to the animal services manager. (Ord. 16-2018 § 1, 6-5-18.)

6.50.160 Bites by animals – Civil damages.

(a) It is unlawful for any owner or person with a right to control an animal to allow or permit such animal to inflict injury to or death of any person or animal that is lawfully on either private or public property.

(b) A civil action for damages against the owner of an animal or person with a right to control an animal which bites any person or animal on either private or public property may be instituted by the human victim of the bite. Nothing in this provision limits any other right or remedy otherwise available in law or equity to any party, nor limits the city’s right to enforcement under Chapter 1.20.

(c) In the case of a bite by a dog, the court, in determining punitive damages, may consider whether the dog was or should have been licensed and properly maintained as a potentially dangerous dog pursuant to Chapter 6.60.

(d) This section does not apply to dog bites inflicted by police dogs, while such dogs are being used for law enforcement purposes. (Ord. 16-2018 § 1, 6-5-18.)

6.50.170 Dogs in posted off-leash areas.

(a) It is unlawful for any dog owner or person with a right to control a dog to permit the dog to be unrestrained on a posted off-leash area in violation of this section.

(b) Both the dog owner and person with a right to control a dog in a posted off-leash area must comply with all of the following conditions:

(1) No dog may be in a posted off-leash area except when in the charge, care, custody, or control of a person at least 13 years old.

(2) No animals other than dogs may be in any posted off-leash area.

(3) Dogs are only permitted in the posted off-leash area during posted hours of operation.

(4) No person may have more than two dogs in a posted off-leash area at any one time.

(5) Any dog in a posted off-leash area must be at least four months of age, vaccinated for rabies, and currently licensed by the city or other jurisdictions. All persons entering the posted off-leash area are responsible for ensuring that their dog is not sick, in heat, injured, less than four months of age, or displaying aggressive behavior toward other dogs or humans in the posted off-leash area.

(6) Any person having charge, care, custody, or control of a dog in a posted off-leash area must:

(A) Carry at all times a suitable container or other suitable instrument for the removal and disposal of dog feces;

(B) Promptly remove and properly dispose of any waste deposited by the dog;

(D) Have in his or her possession a leash for such dog that must be worn by the dog, and physically held by the owner, at all times the dog is not in the posted off-leash area; and

(E) Comply with all other applicable state and local laws, including without limitation those contained in this title that govern the health, safety, and maintenance of dogs.

(c) Compliance with this section does not relieve any person of liability for damages arising out of his or her use of a posted off-leash area. (Ord. 16-2018 § 1, 6-5-18.)

6.50.180 Tethering animals along the public right-of-way.

No unattended animal shall be tethered upon or along any public right-of-way. (Ord. 16-2018 § 1, 6-5-18.)

6.50.190 Biting animals to be quarantined.

Whenever it is shown that any dog, cat or other animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the animal services manager, shall fail, refuse or neglect to quarantine such animal and keep it tied up or confined for a period of 10 days for dogs and cats and 14 days for other animals, or shall fail, refuse or neglect to allow the animal services manager to make an inspection or examination thereof at any time during said period. The animal shall not be removed or released during the quarantine period without written permission of the animal services manager. Unless otherwise specified by animal services manager, the animal shall be confined in a shelter or veterinary hospital at the owner’s expense. (Ord. 19-2018 § 4, 9-18-18.)