“Administrator” means the chief of police or any animal control officer or other person authorized to act on his behalf in the implementation or enforcement of this chapter.

“Agricultural animal” includes but is not limited to horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs or pigs but excepting pot-bellied pigs kept as household pets in a sanitary manner and otherwise in accordance with the provisions of this chapter, or other animals ordinarily used for agricultural purposes.

“Agricultural zone” means any premises within the city which has been zoned for agricultural uses as established by the official zoning ordinances of the city.

“Animal” means any live vertebrate creature, domestic or wild.

“Animal control officer” means a person authorized to act on behalf of the administrator in the implementation or enforcement of this chapter.

“Animal establishment” means an animal menagerie, animal shelter, commercial kennel, private kennel, pet grooming parlor, horse establishment, or pet shop, as those terms are defined and used in this chapter, but not any animal hospital or medical facility to which animals are taken for the primary purpose of medical treatment.

“Animal menagerie” means any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, trained or kept for hire.

“Animal shelter” means a facility operated by a public jurisdiction or by an accredited, tax exempt humane organization for the purpose of impounding, harboring, selling, placing or destroying seized, stray, distressed, homeless, abandoned or unwanted animals.

“Assistance dog” means a guide dog, signal dog or service dog as defined in California Civil Code Section 54.1.

“At large” means a dog or other animal that is off the premises of its owner and not under restraint by leash or chain, or which is wandering or running freely on public property or property belonging to a person not the owner or person in control of the animal and without supervision, accompaniment and adequate restraint.

“Cat” means a domestic cat (Felis catus).

“Commercial kennel” means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the state as part of the practice of veterinary medicine, animal shelters or private kennels shall not be considered commercial kennels.

“Dangerous animal” means any wild, exotic or venomous animal, or other animal which, because of its size, disposition or other characteristic, would constitute a danger to persons or property.

“Dangerous dog” means a dog which has been classified as dangerous or potentially dangerous at one (1) of three (3) levels based upon specific behavior exhibited or possession of certain characteristics as described in this definition by the dog. For purposes of this chapter, behaviors or characteristics establishing various levels of dangerousness are as follows:

(1) Level 1 behavior is established if a dog is found to menace, chase, display threatening or aggressive behavior or endanger the safety of any person or domestic animal. A dog exhibiting level 1 behavior is a level 1 dangerous dog within the meaning of this chapter.

(2) Level 2 behavior is established if a dog, while under restraint of a leash, confined or at large, aggressively bites any person or a domestic animal. A dog exhibiting level 2 behavior is a level 2 dangerous dog within the meaning of this chapter.

(3) Level 3 behavior is established if:

a. A dog, whether or not confined, causes the serious injury or death of any person or a domestic animal;

b. A dog engages in or is found to have been trained to engage in exhibitions of fighting, except where the dog’s training has been acquired and fighting done in connection with lawful activities of law enforcement officials; or

c. A dog that has been classified as a level 2 dangerous dog repeats the behavior covered by subsection (2) of this definition after the owner or person with custody receives notice of the level 2 classification. A dog exhibiting level 3 behavior is a level 3 dangerous dog within the meaning of this chapter.

Notwithstanding subsections (1) through (3) of this definition, the administrator shall have discretionary authority to refrain from classifying a dog as dangerous, even if the dog has engaged in the behaviors specified in subsections (1) through (3) of this definition, if the administrator determines that the behavior was a result of the victim abusing or tormenting the dog or other extenuating circumstances. In any case, no dog shall be classified as dangerous if the behavior in question was directed against a trespasser inside any fully enclosed building or fenced area on private property.

“Dog” means a domestic dog (Canis familiaris.)

“Enclosed premises” means any lot or premises so enclosed as to prevent any animal or fowl confined thereon, escaping therefrom, or any animal or fowl from entering thereon.

“Grooming parlor” means any commercial place where animals are trimmed, bathed or groomed.

“Horse establishment” means any person keeping three (3) or more horses, donkeys, mules, jack, hinny, jenny burros or ponies for any or all of the following purposes:

(1) For hire to be ridden or driven;

(2) For giving riding instruction;

(3) For boarding with compensation.

“Household pets” means and includes dogs, cats, canaries, parrots and other kindred birds and animals usually or ordinarily kept as household pets.

“Owner” means any person who acknowledges ownership of an animal or who harbors or keeps any animal for five (5) or more consecutive days.

“Person” includes any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

“Pet shop” means a person who obtains animals for sale, exchange, barter or hire to the general public as a principal or agent, or on consignment, or who holds himself out to be so engaged.

“Private kennel” means a person who maintains within or adjoining his private residence five (5) or more dogs over four (4) months of age, or five (5) or more cats over four (4) months of age, but no more than a combined total of seven (7) dogs and cats, such animals to be for that person’s recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two (2) male dogs or cats used for breeding purposes for which compensation is received, or the parturition or rearing of more than two (2) litters of dogs or cats in any one (1) calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purpose of commercial breeding and the owner and the premises shall be subject to the permit requirements of a commercial kennel.

“Quarantine” means isolation of an animal in a place and manner approved by the animal control officer.

“Sterilized dog or cat” means a dog or cat that has been spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction.

“Wild or exotic animal” means and includes any animal which, because of inherent qualities including but not limited to size, geographic origin, vicious tendencies, dangerousness, or other characteristics is not domesticated and not normally kept as household pets. (Ord. No. 95-9, §§ 2, 3, 5-1-95; Ord. No. 2002-01, § I, 1-7-02; Ord. No. 2010-06, § I, 4-5-10)

4.2 Remedies to be cumulative.

The remedies and prohibitions provided for under this chapter shall be cumulative of all remedies or penalties provided for under this or any other local or state code. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.3—4.5 Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

4.6 Powers of the administrator.

(a) The administrator, or animal control officer acting on his or her behalf, shall have the following powers:

(1) To enforce the provisions of this chapter and state laws relating to the care, treatment, impounding and destruction of animals;

(2) To arrest any person who violates this chapter in the manner provided by Section 836.5 of the Penal Code of the state;

(3) To issue citations or orders pursuant to Chapter 6A;

(4) To act as a public officer pursuant to Food and Agricultural Code Section 7;

(5) The administrator may formulate rules and regulations in conformity with and for the purposes of carrying out this chapter, and any violation thereof shall be deemed an infraction.

(b) The administrator shall have authority to determine whether any dog has engaged in the behaviors or exhibits any of the characteristics of a dangerous dog in accordance with sections 4.1 and 4.30. (Ord. No. 95-9, §§ 2, 3, 5-1-95; Ord. No. 2007-21, § I, 12-3-07)

4.7 Authority to contract for private services.

The administrator shall have the authority to contract with or hire or let the services of a private or public entity for the purpose of performing the administrator’s duties and powers prescribed for under this chapter. All contracts with a value of one thousand dollars ($1,000.00) or more or with a duration of more than one (1) year shall be authorized specifically by council resolution only. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.8 Nuisance and inspection for same—Notice—Procedure.

(a) It shall be the duty of the administrator or animal control officer to enter upon or in any premises, building, lot, yard or enclosure for the purpose of inspecting the same to ascertain the presence of any nuisance.

(b) If the inspecting officer has reason to believe a nuisance exists on the premises, then he or she, his or her deputies, or any police or peace officer shall serve written notice to the person or persons owning or having control of or acting as agent for, leasing or occupying such premises, to abate or remove such nuisance within forty-eight (48) hours or other reasonable time as stated in the notice. Such notice shall be served personally or, where the person responsible for such nuisance cannot be located, by posting the notice in a conspicuous place on the front door or entranceway. It shall be unlawful for any person to knowingly, wilfully, or negligently fail to abate the nuisance alleged in the notice or to fail to contest the allegations in the notice within forty-eight (48) hours following receipt or knowledge of same.

(c) Where the person upon whom the abatement notice is required to be served under subsection (b) has been properly served but does not abate the nuisance within the time specified in the notice, the administrator shall have the authority to do the following:

(1) Where the nuisance is caused by an at-large animal, a wild or exotic animal or a dangerous dog at one (1) of the three (3) levels defined in section 4.1, the administrator may follow the procedures relating to seizure and impoundment as set forth in sections 4.50 through 4.59.

(2) Where the nuisance is in the nature of noise or odors and is caused by an animal or animals, by animal waste, or other conditions on the premises that are the result of the keeping of the animals, the administrator may abate the nuisance by substantially following the notice, publication, hearing, removal and abatement cost recovery procedures set forth in Chapter 15 relating to vehicle abatement. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.9 Violation—Penalty.

(a) Except as provided for in subsection (e) of this section, violation of any of the provisions covered in this chapter shall constitute an infraction. Each day a violation continues shall be regarded as a new and separate offense. The punishment upon conviction shall be:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year; or

(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one (1) year, to a maximum of three (3) such violations.

(b) For purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(c) In addition to any other penalties or fines provided for in this chapter, any reasonable costs incurred by the city in seizing, impounding and for confining any dangerous animal shall be a charge against the owner.

(d) Four (4) or more violations of the same section of this chapter shall constitute a misdemeanor. Each additional day the violations continue unabated shall be regarded as a new and separate offense for which the infraction fines or penalties set forth in subsection (a) of this section shall apply; provided, that three (3) additional days of each infraction offense shall constitute an additional misdemeanor. The punishment upon conviction shall be any or all of the following:

(1) The revocation of any permit issued pursuant to this chapter; or

(2) A fine not exceeding one thousand dollars ($1,000); or

(3) Imprisonment for a period of not more than six (6) months, or both such fine and imprisonment.

(e) A person who owns or is in charge of or controls or who possesses a dog who permits, allows or causes the dog 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 is guilty of a misdemeanor if said dog bites, attacks or causes injury to any human being or other animal. (Ord. No. 2010-06, § II, 4-5-10)

4.10 Reserved.

ARTICLE III. ANIMAL RESTRICTIONS

4.11 Public nuisances.

(a) It is declared to be a nuisance, and it shall be unlawful, for any person owning or having control or custody of any animal to do any of the following:

(1) Permit an animal to defecate or urinate on any privately owned or occupied property other than that of the owner or the person having control of the animal;

(2) Permit an animal to defecate on public property without immediately cleaning or removing the excrement to a proper receptacle;

(3) Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten the public health and safety;

(4) Cause or permit a dog or a wild or exotic animal to run or wander at large on any public property or privately owned or occupied premises without the consent of the owner or occupant.

a. If an unsterilized dog is determined to be a nuisance pursuant to this subsection, upon a second offense, the owner will be required to have the dog sterilized;

b. The owner/guardian or person with a right to control a dog that has been determined to be a nuisance a second time must have a microchip inserted into the dog by a licensed veterinarian within twenty (20) days of the designation as a nuisance the second time, for identification purposes. This requirement is at the owner’s expense. The owner/guardian or person with a right to control the dog must provide the administrator with the identifying information listed on the microchip and the information must be noted in the city’s licensing record for that dog;

(5) Permit an animal to engage in menacing behavior including but not limited to the chasing of vehicles or the molesting or frightening of passersby.

(b) Except as provided otherwise in this chapter and except in circumstances in which the animal control officer seeks to have a nuisance abated by the owner of the premises on which the nuisance is generated in accordance with section 4.8, any peace officer may seize and impound any animal causing a public nuisance in accordance with the process set forth in sections 4.50 through 4.59.

(c) In addition to any other remedies provided by this Code, the fine or penalty for violation of this section shall be the amounts specified in section 4.9 of this chapter.

(d) Any private person may maintain an action under Civil Code Section 3493 for enforcement of this chapter declaring certain acts a public nuisance, if such acts are especially injurious to such person. (Ord. No. 2010-06, § III, 4-5-10)

4.12 Animals in city buildings—Animals in vehicles.

(a) No person having the control or care of any animal or animals shall cause or permit such animal to enter or remain in city-owned or city-managed buildings other than a building used for the purpose of care, detention, control or treatment of animals, or a building used for training classes, shows or exhibitions. This subsection shall not apply to persons who are blind or deaf and who use dogs for guidance or for other use because of physical disabilities, persons who are working with dogs in connection with public police purpose, or persons authorized by the administrator.

(b) No person, other than an individual then actually in the process of working a dog or other animal for ranching purposes, shall transport or carry the animal in a motor vehicle on any public highway or public roadway, unless the animal is safely enclosed within 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 motor vehicle.

(c) No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which may adversely affect the health or well being of the animal. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.13 Disposal of deceased animals.

(a) Upon the death of any animal, the owner or person in charge thereof shall provide for the burial, incineration or other disposition of the body of such animal in a manner not likely to result in an unsanitary condition. It shall be unlawful to dispose of any dead cat or dog in any trash or garbage receptacle, whether public or private, to be hauled and carried into the general municipal solid waste stream. If the owner or person in charge of any dead animal is unable to provide for burial or other disposition, he may request the animal control officer to remove and dispose of the body of such animal for a fee as set forth by city council resolution.

(b) Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal control officer shall remove and dispose of such body immediately. The owner or person who had legal custody of such animal at the time of removal shall, immediately upon city’s demand for payment, pay to city all costs incurred by the animal control officer for removing and disposing of the body of the dead animal. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.14 Animal bites—Quarantine—Examination—Violation.

(a) Any animal owner or person having legal custody thereof who has knowledge or reason to believe that his or her animal has bitten, mauled or injured any person in an unprovoked attack shall immediately report that fact to the police department with full information in regard to the incident.

(b) Where the evidence contained in the report made under subsection (a) of this section and any other evidence gives rise to probable cause that an animal has bitten, mauled or injured any person in an unprovoked attack, it shall be the duty of the administrator or animal control officer to enter upon or in any premises, building, lot, yard or enclosure for the purpose of inspecting the same to ascertain the presence of any animal for which quarantine may be appropriate under this section.

(c) An animal control officer shall have the authority to seize and quarantine any animal which is the subject of the report provided for in subsection (a) and such animal for a period of ten (10) or fourteen (14) days as may be prescribed by the State Department of Health. The animal control officer may order the owner to quarantine the animal on the premises of the owner or person having legal custody thereof.

(d) Any person who fails, refuses or neglects to quarantine any animal as ordered by the animal control officer, or who refuses to allow the animal control officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without permission of the health officer.

(e) The administrator may charge a fee, as set forth by resolution, for the costs of quarantining animals and inspections for quarantine of animals. Any fee charged shall be paid by the owner or person who has legal custody of the animal. Such a fee shall be in addition to the actual for housing, feeding and otherwise caring for the quarantined dog.

(f) The head of any animal which dies or is destroyed while under quarantine shall be submitted to the laboratory of the county health department for rabies examination. (Ord. No. 95-9, §§ 2, 3, 5-1-95; Ord. No. 98-1, § II, 1-5-98)

4.15 Control and seizure of diseased animals.

(a) No person owning or having charge of any animal which that person knows to be infected with any disease transmittable to humans shall permit such animal to remain within the city other than at an approved veterinary hospital unless the administrator/animal control officer or other appropriate authority approves an alternative means of confinement.

(b) The animal control officer is authorized to seize any animal he or she reasonably believes to be infected with disease transmittable to humans. Such seizure shall be conducted pursuant to sections 4.50 through 4.59. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.16 Cruelty to animals prohibited.

(a) It shall be unlawful for any person to maliciously or recklessly kill, maim, wound, mutilate, torment, torture or physically abuse any animal.

(b) It shall be unlawful for any person to wilfully administer poison to any dog, cat or other domestic animal or to wilfully place, expose or leave poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat or other domestic animal.

(c) No person shall use a leg-hold steel-jawed trap, steel-jawed trap or steel leg-hold traps, as defined in California Fish and Game Code Section 4004, or as amended, within the city. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.17 Abandonment of animals prohibited.

It shall be unlawful to abandon any animal in the city. “Abandonment” as used herein refers to acts clearly indicating an intent on the part of an owner or person with the right of control or custody over an animal to permanently relinquish control over the animal. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.18 Warning signs required; posting.

The owner or keeper of a wild or exotic animal or level 2 dangerous dog, as those terms are defined in section 4.1 and used elsewhere in this chapter, shall post, at the entrances to the property where the animal is kept, a legible sign to be approved by the administrator warning persons of the animal. The sign shall be capable of being understood by a child. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.19 Keeping of agricultural animals; minimum area requirements and required setbacks.

On any premises in any non-agricultural zoning district in which agricultural animals are lawfully present and maintained, the following minimum restrictions shall apply:

(1) No agricultural animal shall be maintained on an area of less than one (1) acre, and the number of animals thereon shall not exceed a number per acre of two (2) adult animals and their immature offspring.

(2) All open enclosures harboring agricultural animals, whether pasture land or corral, shall be not less than one hundred (100) feet from the nearest school, church, hospital or dwelling used for human habitation, other than the residence of the owner of such animal, and shall be set back at least thirty (30) feet from any travelled street or highway, except an alley. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.20 Swine, bees, chickens, roosters, peafowl, ostriches and other “Ratitae,” and livestock prohibited except in agricultural zones.

(a) It is unlawful for any person to keep, maintain or permit to be maintained bees, swine, llamas, roosters, chickens, pigeons, turkeys, pea fowl, water fowl, ostriches and other “Ratitae,” or livestock on any premises within the city that have not been zoned for agricultural use, except as otherwise provided in section 4.23. The term “swine” as used herein does not include pot-bellied pigs harbored in strict accordance with restrictions related to noise or sanitation as provided in this chapter.

(b) It is unlawful for any person to construct, establish, conduct or maintain or cause to be constructed, established or maintained, or engage in, except as otherwise provided for in this chapter, any dairy, stock yard or stock corral, cattle ranch, rabbit or poultry ranch, or public stable, on any premises not zoned for agricultural use. Where such uses are existing on the effective date of this ordinance, then such use shall be allowed to continue as a nonconforming use. (Ord. No. 95-9, §§ 2, 3, 5-1-95; Ord. No. 98-1, § II, 1-5-98; Ord. No. 2012-03, § 1, 3-5-12)

4.21 Exclusions from chapter for medical uses or veterinary care.

Nothing in this chapter shall prohibit the keeping of any animal by a licensed veterinarian for hospital or medical purposes by any hospital or clinic, regardless of the zoning district, provided all other provisions relating to the keeping of such animals as required by this chapter are adhered to. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.22 Barking dogs.

(a) It is hereby declared to be a nuisance, and it shall be unlawful, for any person owning or having control or custody of any dog to keep within the city limits any dog that excessively and/or habitually barks, yelps, cries, howls, or creates any other noise which results in annoyance or discomfort to two (2) or more reasonable persons of normal sensitiveness who reside in separate residences, including apartments and condominiums.

(c) In addition to any other remedies provided by this Code, any enforcement officer, at his or her discretion, may issue an administrative citation pursuant to Chapter 6A. The administrative penalties for violation of this section shall be as set forth in the schedule of penalties as established by resolution of the city council.

4.23 Small animals.

This section 4.23 shall be known as the “small animals ordinance.” (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.1 Definitions.

For purposes of this section 4.23, “small animal” is defined as chickens, pigeons, turkeys, pea fowl, water fowl, and other “Ratitae” with a mature height less than twenty-four (24) inches, and rabbits. Small animals, as defined in this section, do not include dogs and cats, which are regulated in Article IV of this chapter. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.2 Exemption.

(a) Notwithstanding section 4.20(a), any person may keep and maintain up to six (6) small animals (in any combination) on any premises in residential zones within the city in accordance with the terms and conditions set forth in this section 4.23, and it shall be unlawful for any person to maintain more than six (6) small animals (in any combination) on any premises in residential zones within the city not zoned for agricultural use.

(b) The restrictions set forth in this section 4.23 and in section 4.20(a) do not apply to circuses, carnivals, agricultural shows, exhibits or other similar enterprises that operate for limited periods only, provided an animal control permit and/or other permit required by the city to conduct such enterprises has been granted pursuant to the Gilroy Municipal Code, nor do these restrictions apply to any pet shop or grooming parlor as said terms are defined in this chapter. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.3 Confinement requirement—Homing pigeon exception.

(a) The owner/guardian and person with a right to control the small animals must keep the premises where the small animals are maintained fenced to prevent such animals from straying or running at large upon any public street or other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project without the consent of the owner or person in control thereof.

(b) If the small animal is a homing pigeon, the homing pigeon must be confined to the enclosure or structure and may only be released for exercise, training or competition if the homing pigeon is fitted with a leg band which contains a serial number issued by a pigeon registry and the homing pigeon does not perch or otherwise linger on the building or property of another without their consent. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.4 Sanitary enclosure requirement.

(a) All premises, enclosures, or structures used or intended to be used for the keeping or housing of small animals must be cleaned and kept reasonably free of debris, refuse, manure, excreta, or like material as often as may be necessary to comply with the provisions of this section.

(b) The floor of any premises, enclosure, or structure for the use of small animals must be smooth and tight to prevent the accumulation of water, debris, refuse, manure, excreta, or like material, and the harboring of vermin and wild animals. A wire floor may be used if appropriate for the type of small animal and if maintained to prevent injury to the animal.

(c) Evidence of a lack of sanitary maintenance of the premises, enclosure, or structure may include (1) the accumulation of debris, refuse, manure, excreta, or other like material upon any surface within any such premises, enclosure, or structure used or intended to be used for the housing of such small animals, (2) any reasonably obnoxious odor or allergen arising from any condition existing within the premises, enclosure, or structure used or intended to be used for the housing of such small animals, and (3) the presence of numerous flies or fly larvae in the vicinity. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.5 Enclosure, structure and shading requirements.

(a) Any small animal must have adequate enclosures, structures, or shading to allow an animal maintained outdoors to (1) protect itself from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, and (2) remain dry during the rain;

(b) The enclosure, structure, or shading must be accessible to the animal at all times;

(c) The enclosure or structure must be situated to prevent exposing the animal to (1) unreasonably loud noise or (2) teasing, abuse, or injury by another animal or person;

(d) If the small animal is confined in an enclosure or structure, the enclosure or structure must be:

(1) Of adequate size inside and outside the enclosure or structure to allow the animal to stand up, sit, turn around freely, or lie down in a normal position, relieve itself away from its confinement, and safely interact with any other animal;

(2) Adequately lighted to provide regular diurnal lighting cycles of natural or artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and maintenance of the animal; and

(3) Supplied with clean and dry bedding material or other means of protection from the weather elements to maintain the shelter at a temperature that is not harmful to the health of the animal. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.6 Water requirement.

(a) Any small animal or livestock must have access to clean potable water at all times unless restricted for veterinary care. If the water is kept in a container, the container must be designed to prevent tipping and spilling of the water or be secured to a solid structure or the ground.

(b) Water containers must be clean and must be emptied and refilled with fresh water as necessary to maintain cleanliness or alternatively if the water is provided by an automatic or demand device, the water supply connected to the device must function twenty-four (24) hours a day. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.7 Food and feeding requirements.

(a) Any small animal must be provided food that is wholesome and be of sufficient quantity and nutritive value to maintain a healthy body weight and meet the normal daily requirements for the condition and size of the animal.

(b) The food receptacles must be accessible to the animal and be placed in a location to minimize contamination from excreta and insects. Feeding pans must be durable and kept clean. Disposable food receptacles may be used and must be discarded after each feeding. Self-feeders may be used for dry food and must be sanitized regularly to prevent molding, deterioration, or the dense compaction of food.

4.23.8 Veterinary treatment requirement.

Any small animal must receive veterinary treatment from a veterinarian licensed by the State of California when such treatment is necessary to alleviate the animal’s suffering or prevent the transmission of disease. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.9 Exercise requirement.

Any small animal must be provided the opportunity to exercise in order to maintain normal muscle tone and mass for the age, size, and condition of the animal. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.10 Transportation requirement.

Any small animal must be handled, moved, or shipped in a manner to ensure the health and safety of the animal. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.11 Refuse container requirement.

Any debris, refuse, manure, excreta, or other like material conducive to the breeding of flies or that creates a reasonably obnoxious odor must be placed in a fly-proofed container until the material is removed from the premises or buried under the soil surface as fertilizer. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.12 Food storage containers requirement.

All grain or cereal intended for use as food for small animals must be kept in metal containers with tightly fitted metal covers or other containers constructed to keep out vermin and wild animals. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.13 Exemption—Lands annexed to city.

(a) Lands which are annexed to the city and upon which any barn, stable or roofed structures are existing and were being used for the shelter of small animals at the time of annexation are exempt from the provisions of this section 4.23. This exemption from the requirements of this section 4.23 does not apply to structures which are placed on the annexed lands after the date of annexation.

(b) The following regulations apply to those lands exempted under subsection (a) of this section:

(1) Any barn, stable, or roofed structures existing at the time of annexation and used for the shelter of small animals must be located no closer than twenty-five (25) feet to any dwelling unit or swimming pool on the property adjacent to the property where said animals are kept.

(2) All barns, stables, or roofed structures existing at the time of annexation and used for the shelter of small animals must be located no closer than twenty-five (25) feet from a residence on the subject property.

(c) Nothing herein contained, nor any exemption granted hereunder permits the maintenance of a public nuisance or permits the violation of any other applicable law, ordinance, or regulation. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.14 Side setback area.

It is unlawful for any person to keep small animals subject to this section 4.23 within any side setback area as defined by the City of Gilroy Zoning Ordinance. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.15 Proximity to dwelling unit—Small animals.

It is unlawful to maintain small animals either of the same type or combination thereof within twenty (20) feet of the nearest dwelling unit on the adjacent property, as measured from the enclosure or structure housing such small animals to the nearest part of the nearest dwelling unit on the adjacent property. (Ord. No. 2012-03, § 2, 3-5-2012)

4.23.16 Roosters prohibited.

It is unlawful for any person to maintain a rooster over four (4) months of age. (Ord. No. 2012-03, § 2, 3-5-2012)

ARTICLE IV. DOGS AND CATS

4.26 Dogs; restraint required; exceptions.

(a) An owner or person with custody over or the right to the control of any dog or dogs shall keep such dog or dogs confined to said person’s own premises within such enclosures as may be reasonably appropriate to restrain the dog from running at large. No dog shall be allowed to walk the public streets without being restrained by means of a leash capable of restraining at least four (4) times the weight of such dog, except:

(1) Assistance dogs while performing their duties;

(2) Dogs participating in field or obedience trials or exhibitions;

(3) Dogs assisting their owner or handler in lawful hunting or herding of livestock;

(4) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities;

(5) Dogs being trained for any of the purposes set forth in this section on private land with permission of the land owner, so long as such dogs are under direct control of such individuals to assure that they do not violate any other provision of law.

(b) In addition to any other remedies provided by this Code, any enforcement officer, at his or her discretion, may issue an administrative citation pursuant to Chapter 6A. The administrative penalties for violation of this section shall be as set forth in the schedule of penalties as established by resolution of the city council. (Ord. No. 95-9, §§ 2, 3, 5-1-95; Ord. No. 2007-21, § II, 12-3-07)

4.27 Dogs; license required.

(a) No person shall maintain or board any dog four (4) months of age or older which has not been licensed pursuant to the provisions of this chapter, except:

(1) A license shall not be required for an animal owned or under the control of a nonresident of the city, and which is to be kept in the city for less than thirty (30) days.

(2) A license shall not be required for dogs temporarily brought into the city for entry into an event, show or exhibition scheduled not more than ten (10) days thereafter.

(b) Compliance with the provisions of this chapter, including the requirement that any dog in the city over four (4) months of age be vaccinated, shall be a condition to the issuance or renewal of any dog license.

(c) Prior to issuance of a dog license, the administrator shall require payment of a license fee which shall be fixed by resolution and which shall not be refundable in whole or in part, with the following exceptions:

(1) A reduced fee shall be charged for licenses issued for spayed females or neutered males. The administrator may require the submission of a certificate of a licensed veterinarian stating that a dog has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding prior to issuance of a license at the lesser fee.

(2) An additional fee shall be fixed to be paid for a license purchased more than sixty (60) days after expiration of a previously issued license or sixty (60) days after notice to the owner to obtain a license.

(3) Licenses and tags for dogs used principally for the purpose of guiding persons who are blind or deaf, and for dogs used in law enforcement by any governmental agencies shall be issued upon request without charge.

(d) Dog licenses shall be renewed upon expiration. The term of any dog license issued under this chapter shall commence on the date of the issuance of the license and shall terminate twelve (12) months from the date of issue. When the license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.28 Dog licenses—License tag wearing required.

(a) Upon payment of the dog license fee and the presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, the administrator shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of vaccination required under this chapter, and a description of the dog for which such license is issued, together with the number of the metallic tag accompanying the same.

(b) Upon request of any authorized animal control employee or any peace officer, the owner or person having control of a dog shall present the dog’s license to that employee or officer.

(c) With each dog license, the administrator shall issue a metal tag bearing an identifying number and the words and letters “Gilroy, CA. Dog Lic.” Each dog shall wear the metal tag issued for it at all times except when being shown at a dog show, exhibition or event. The fee for such tag shall be set by resolution.

(d) It shall be unlawful for any person to attach a metal tag issued pursuant to this chapter to any dog other than the dog for which it was issued. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.29 Dogs—Vaccination and proof thereof.

(a) Every owner of a dog over four (4) months of age shall cause such dog to be vaccinated with an antirabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health.

(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the city any dog with antirabies vaccine shall use a form provided by the administrator to certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the form within ten (10) days of the beginning of each month, for any dog which he vaccinates or directs to be vaccinated with antirabies vaccine during the previous month. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.30 Regulation of dangerous dogs.

(a) The administrator shall determine whether any dog is a dangerous dog as defined in section 4.1.

(1) The making of such determination shall focus on the dog’s behavior or characteristics and shall be based upon an investigation that includes observation of and testimony about the dog’s behavior or characteristics, including the dog’s upbringing and the owner’s control of the dog. These observations and testimony can be provided by animal control officers or by other witnesses who personally observed the animal’s behavior or characteristics. The witnesses shall sign a written statement attesting to this behavior.

(2) The administrator or animal control officer shall give the dog’s owner written notice of the determination by personal service or by posting a notice of the determination on the front door of the residence of the owner or person who has a right to control the animal. The notice shall state, at a minimum, the following: the determination that has been made; the date of notice posting or personal service; that the owner or person with the right to custody or control of the dog has the right to request a hearing on that determination within seventy-two (72) hours of the date of posting or personal service; that failure to request a hearing within the stated seventy-two (72) hours shall be deemed an admission of the determination made; and a brief statement of the types of restrictions that apply to the dog under this chapter once the determination becomes permanent by virtue of the failure of the person served or noticed to request a hearing.

(3) If the owner denies that the behavior in question occurred, the owner may request a hearing before the administrator, which shall be conducted in accordance with the hearing process set forth in section 4.56. The administrator shall determine whether behavior or characteristics specified under section 4.1 were exhibited or possessed by the dog in question.

(4) Once the owner has received notice of the dog’s classification as a level 1, 2, or 3 dangerous dog pursuant to subsection (a)(2) of this section, the owner shall comply with restrictions specified in the notice until such time as the administrator’s final decision is issued. Failure to comply with the specified restrictions pending the completion of all appeals shall be a violation of this chapter. Additionally, the administrator shall have authority to impound the dog pending completion of all appeals.

(5) If the administrator finds that a dog has engaged in level 3 behavior, the dog shall be impounded pending completion of all appeals. If the administrator’s final decision is that the dog engaged in level 3 behavior, the dog’s owner shall be liable for the cost of the dog’s impoundment.

(6) The imposition of regulations pursuant to this section shall not prevent the administrator from also issuing a citation pursuant to this chapter.

(7) Upon a conviction for a second violation of any provision of this chapter, the administrator or animal control officer may order impoundment of the dog.

(b) In addition to any other requirements of this chapter, the owner of a dog that has been determined to be a dangerous dog under the processes provided for in this chapter shall comply with the following:

(1) If the dog has engaged in level 1 behavior or has been designated a level 1 dangerous dog as defined in section 4.1, the dog shall be restrained by a physical device or structure that prevents the dog from reaching any public sidewalk or adjoining property whenever that dog is outside the owner’s home and not on a leash under the control of a person at least eighteen (18) years of age and who is physically capable of restraining the animal. The administrator shall adopt administrative rules establishing specifications for the required device or structure. The administrator may require that the dog’s owner prove financial responsibility, including posting a bond or certificate of insurance in the amount of three hundred thousand dollars ($300,000). Additionally, the city shall be named as an additional insured on such policy or bond.

(2) If the dog has engaged in level 2 behavior or has been designated a level 2 dangerous dog, the owner or person in control of the dog shall need the following:

a. Enclosure Required. The owner or person in control shall confine the dog within a building or secured enclosure whenever the dog is not inside the home of the owner or on a leash as described in subsection (b)(2)(b) of this section. Such kennel, pen or structure must have secure sides and a secure top attached thereto. Such enclosure must be constructed in a manner so that it cannot be broken down by any action of the confined dog. All structures used for confinement of such animals must be locked with a key or combination lock of sufficient strength to ensure confinement of such animals. Such structures must be erected upon a secure bottom or floor constructed of concrete or other materials sufficient to prevent the animal from digging free. Sides of the structure shall be embedded not less than two (2) feet into the ground behind a solid fence not less than six (6) feet in height. The secure enclosure must be located so as not to interfere with the public’s legal access to the owner’s property.

b. Off-Premises Securement. A level 1 and 2 dog may be permitted off the premises only when it is securely muzzled, and is leashed on a leash not to exceed three (3) feet in length and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal. The leash must be capable of restraining four (4) times the weight of the animal. The leash must be attached to an escape-proof commercial-quality walking harness which fastens securely across the shoulders and mid-chest, encompassing the rib area and upper abdomen of the dog. No collar of any type or material will be sufficient to satisfy the requirements of this subsection. Level 2 dangerous dogs shall not be leashed or tethered at any time to inanimate objects such as trees, posts, or buildings. The muzzling device must be constructed so that it is impossible for the dog to remove it without human assistance.

(3) Transportation of level 2 dangerous dogs shall only be in locked animal carriers equivalent in construction quality to those used by commercial air carriers.

(4) No level 2 dangerous dog shall be left unconfined nor unattended in or about any motor vehicle.

(5) Level 2 dangerous dogs enclosed in a house, apartment, building or similar structure shall be allowed only where the windows and doors of the structure are secured to prevent such dog from exiting without the assistance of the owner or person with the right to control such dog.

(6) The administrator may require that the level 2 dangerous dog owner prove financial responsibility including posting a bond or certificate of insurance in the amount of five hundred thousand dollars ($500,000). Additionally, the city shall be named as an additional insured on such policy or bond.

a. Any dog that has been determined in accordance with the determination and hearing and appeal processes set forth in this chapter to be a level 3 dangerous dog as defined in section 4.1 shall be euthanized.

b. In addition to the normal licensing fees established by the city council, the administrator is authorized to establish an additional annual fee for dogs that have been classified as level 1, 2, or 3 dangerous dogs in accordance with section 4.1.

(7) All dogs classified as a level 1, 2 or 3 dog will be required to be sterilized at the owner’s expense.

(8) The owner/guardian or person with a right to control a dog that has been classified as a level 1, 2 or 3 dog consistent with sections 4.1 and 4.30 must have a microchip inserted into the dog by a licensed veterinarian, within twenty (20) days of the designation as a level 1, 2 or 3 dog, for identification purposes. This requirement is at the owner’s expense. The owner/guardian or person with a right to control the dog must provide the administrator with the identifying information listed on the microchip and the information must be noted in the city’s licensing record for that dog. (Ord. No. 2010-06, § IV, 4-5-10)

4.30.1 Bites by dangerous dogs—Civil damages.

(a) It is unlawful for any owner/guardian of a dangerous dog or person with a right to control a dangerous dog to allow or permit such dog to bite any person or animal that is lawfully on either private or public property.

(b) For the purposes of this section, a “bite” is any cut, laceration, tear, bruise, abrasion, or injury inflicted in or on the epidermis of a person or animal, whether or not that bite is considered a rabies risk by the State of California Health Department.

A civil action for damages against the owner/guardian of a dangerous dog or person with a right to control a dangerous dog which bites any person or animal on either private or public property may be instituted by the human victim of such bite. Damages may include actual damages, costs, attorneys’ fees, and a civil penalty of five thousand dollars ($5,000) in addition thereto. The court also may award punitive damages in a proper case. Nothing in this section limits any other right or remedy otherwise available in law or equity to any part, nor limits the city’s rights to enforcement under this chapter.

(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 this chapter.

(d) This section does not apply to dog bites inflicted by dogs owned or maintained by the city of Gilroy police department and/or its members while such dogs are being used for law enforcement purposes. (Ord. No. 2010-06, § V, 4-5-10)

4.31 Cats—Licenses required.

Repealed by Ord. 2015-10. (Ord. No. 2010-06, § VI, 4-5-10)

4.32 Cats—Vaccination and proof thereof.

Every owner of a cat over four (4) months of age shall cause such cat to be vaccinated with an antirabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health. (Ord. No. 2010-06, § VI, 4-5-10; Ord. No. 2015-10, § 2, 9-14-15)

4.33 Maximum number of dogs, cats or litters.

(a) No person shall keep or maintain more than five (5) dogs over four (4) months of age, or more than five (5) cats over four (4) months of age, or any combination totaling five (5) dogs and cats, including no more than one (1) unspayed female dog or one (1) unspayed female cat, on any premise except a premise maintained by a veterinarian licensed by the state for the practice of veterinary medicine, without a valid permit procured from the administrator pursuant to this chapter for a private kennel, commercial kennel, pet shop, animal menagerie or animal shelter.

(b) For purposes of this section, a female dog or cat shall be rebuttably presumed to be unspayed, unless the owner provides evidence of spaying. Written certification from a licensed veterinarian that an animal cannot be spayed for health reasons or is incapable of breeding shall be deemed a satisfactory substitution for a certificate showing an animal is spayed. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.34 Adoption of cats and dogs.

(a) Any person adopting an unaltered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter in the city shall have such animal spayed or neutered on or before a date specified in the adoption agreement, unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

(b) As a condition for adoption, the person adopting a cat or dog may be required to deposit with the pound or shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered.

(c) All cats or dogs at least eight (8) weeks of age, before they are sold, must be immunized against common disease, in the case of dogs against distemper; in the case of cats against panleukopenia. The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from the seller attesting to the date of vaccination and the seller’s knowledge of the animal’s health. Such statement shall also include the animal’s immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, and any known information on treatment and medication. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.35 Fine for at-large dog—Enhanced fine for unsterilized, at-large dog.

(a) No owner or person with the control or custody of any dog shall allow the animal at large upon any public street or other public place, or upon any private 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.

(b) A fine or penalty for violation of this section 4.35 shall be the amounts specified in section 4.9 of this chapter.

(c) An unsterilized dog that is found to be running at large shall be issued citations for both offenses and shall be subject to twice the fine or penalty applicable for a sterilized dog that is at-large.

(d) If, within fifteen (15) days of receiving the citation described in subsection (c) of this section, the owner of the unsterilized dog causes his or her dog to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the enhanced fine or penalty for an unsterilized dog at-large. The owner then shall be required to pay the fine or penalty applicable to a sterilized dog at large, which fine or penalty for a sterilized dog at large shall be the amounts specified in subsection (b) of this section.

(e) The fine or penalty provided in subsection (c) of this section shall not apply if the owner provides evidence from a veterinarian, within fifteen (15) days of receiving the citation described in subsection (c) of this section, that said dog is too young to be surgically sterilized.

(f) The enhanced fine or penalty provided in subsection (c) of this section shall not apply to an AKA registered dog. (Ord. No. 2002-01, § II, 1-7-02; Ord. No. 2007-21, § VII, 12-3-07)

4.36 Fine for at-large cat.

(a) No owner or person with the control or custody of any cat shall allow the animal at large upon any public street or other public place, or upon any private 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.

(b) The fine or penalty for violation of this section 4.36 shall be the amounts specified in section 4.9.

(c) If, within fifteen (15) days of receiving the citation described in subsection (b) of this section, the owner or person in control of the cat demonstrates to the satisfaction of any person charged or authorized to enforce this chapter that the cat is sterilized or the owner of the cat causes his or her cat to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the fine or penalty applicable to a cat at large. (Ord. No. 2002-01, § II, 1-7-02; Ord. No. 2007-21, § VII, 12-3-07)

ARTICLE V. ANIMAL CONTROL PERMITS

4.37 Permit required—Fee.

No person shall conduct, operate or keep any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter or horse establishment, nor shall any person keep a wild or exotic animal, without first obtaining an animal control permit in strict accordance with the standards set forth in this chapter. Application and annual fees for such permit shall be fixed by resolution. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.38 Animal control permit; application; conditions.

(a) An application for an animal control permit shall be in writing on a form approved by the administrator. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type.

(b) The administrator may establish regulations and standards relating to:

(1) The maximum number and species of animals to be kept or maintained on the premises;

(2) The construction, sanitation and maintenance of facilities; and

(3) Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this chapter.

(c) Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this title.

(d) The permittee shall maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded or given. This shall be available to the administrator upon request. Such records shall be kept for a minimum of two (2) years. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.39 Permit; inspection of premises.

As a condition to the issuance or renewal of an animal control permit, the administrator or animal control officer shall have the authority to inspect at any reasonable time the facility housing the animal or animals subject to the permit for conformance with the housing, sanitation, safety and other standards set forth in this chapter. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.40 Permit; denial or revocation; conditions.

The administrator may deny or revoke any permit issued pursuant to this chapter in the following situations:

(1) Whenever he determines by inspection that any facility in which the animal which is the subject of the permit fails to meet. Any of the conditions of the permit, this chapter or applicable state or federal law;

(2) Whenever the administrator has reason to believe that the applicant or permit holder has wilfully withheld or falsified any information required for a permit;

(3) If the applicant or permit holder has been convicted by a court of law of more than two (2) violations in a twelve-month period of this chapter, or state laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For the purposes of this chapter, a bail forfeiture shall be deemed to be a conviction of the offense charged. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.41 Permit; denial or revocation; appeal procedures.

(a) Prior to denial or revocation of a permit, the administrator shall notify the applicant in writing of the intent to deny or revoke the permit, the reasons for such denial or revocation, and that the applicant may make a written request for an appeal hearing before the administrator within five (5) days after receipt of such notice if he wishes to challenge the denial or revocation.

(b) The administrator shall set the time and place for hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least five (5) days before the date of the hearing. The hearing may be held by the administrator or other designated hearing examiner.

(c) At the hearing, the applicant and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Any relevant evidence may be admitted and strict rules of evidence need not apply. The decision of the hearing examiner shall be written and based entirely on the record. The hearing examiner shall issue his or her decision within ten (10) business days from the date of the hearing and that decision shall be final. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.42 Permit; expiration and renewal; late penalty.

(a) Any permit issued under this chapter shall expire twelve (12) months from the date of issuance. The procedure to the renewal of a permit shall be the same as for an original permit.

(b) Upon failure to make application for the renewal of permit within thirty (30) days of the expiration of a permit, or prior thereto, the applicant shall pay in addition to the permit fee an additional fee to be set by resolution.

(c) If a permit has been denied or revoked, the administrator shall not accept a new permit application from the same person for the same activity at the same location less than six (6) months after such denial or revocation, unless the applicant shows, and the administrator finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.43 Permit; nontransferable.

Any animal control permit is personal to the holder and is not transferable. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.44 Animal establishment standards.

Every person who owns, conducts, manages or operates any animal establishment shall comply with each of the following standards, which standards shall also operate as ongoing conditions of any animal control permit issued pursuant to this chapter:

(1) Housing.

a. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals or the escape of animals so contained therein.

b. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors; heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals.

c. All animal rooms, cages, kennels, runs, stalls and corrals shall be of sufficient size to provide adequate and proper accommodation and protection from the weather for the animals kept therein.

d. All animal facilities shall be constructed and operated in a manner that reasonably protects public health and safety, and safety to animals.

(2) Sanitation. All animal facilities shall be maintained and operated at all times in a clean and sanitary condition and in a manner that avoids causing odors or attraction of flies and vermin and excessive noise.

(3) Care of Animals.

a. All animals shall be supplied with a quantity of wholesome food suitable for the species and age of the respective animals, as often as the feeding habits of such animals require, sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water. Food and water shall be served in separate, clean receptacles.

b. No animal, except those animal(s) in pasture provided with adequate feed and water, shall be without attention for more than twenty-four (24) consecutive hours. The name, address and telephone number of a person responsible for the animal shall be posted in a conspicuous place, visible from outside the facility or at the main gate of a pasture where animals are kept, unless the owner or attendant of the animal or animals is immediately available on the premises.

c. All sick, diseased or injured animals shall be isolated from healthy animals at all times, and shall be given proper medical treatment. The administrator may order the operator of the facility to immediately seek licensed veterinarian treatment for any animal.

d. All animals shall be treated in a humane manner.

(4) Compliance.

a. The administrator or his authorized representative shall have the authority to enter the animal facility when he has reason to believe that the provisions of the permit or this title, applicable state law or the rules or regulations of the administrator are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit.

b. Failure of the applicant or a permit holder to comply with any of the provisions of the permit, this title or applicable state law, or the rules and regulations of the administrator shall be deemed just cause for the denial of any permit, either original or renewal, or for revocation of a permit. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.45 Wild or exotic animals.

(a) No person shall have, keep or maintain, or have in his possession or control, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, wolf hybrid, monkey or any poisonous or venomous reptile of any kind, or any wild or exotic, dangerous or carnivorous wild animal or reptile without first applying to and receiving from the administrator an animal control permit.

(b) In addition to the standards applicable to animal establishments, the administrator may deny or revoke such permit for the keeping of a wild or exotic animal upon finding the following:

(1) The animal which is the subject of the application may not be kept or maintained without endangering the safety of any person or persons or property; or

(2) The keeping of the animal would constitute a public nuisance; or

(3) The animal would be subject to suffering, neglect, cruelty or abuse.

(c) The administrator, in his discretion, may condition issuance of the permit upon specific requirements that require the animal be properly caged, tethered or restrained in facilities that meet or are in addition to, or more restrictive than state or federal guidelines or regulations relating to design and maintenance of zoo facilities.

(d) Except as otherwise provided for in this chapter, no permit shall be required for the keeping of any wild or exotic animals in the following circumstances:

(1) No permit shall be required for the keeping of any wild or exotic animal by any zoo, university, college, governmental research agency or other bona fide scientific institution engaging in scientific or public health research. For the purposes of this chapter, a zoo shall be considered any organization which exhibits animals that are not for sale to private individuals to the general public at regular specified hours.

(2) No permit shall be required for the keeping of any animal which may not be domesticated and may be exotic but which is commonly kept as a household pet and lawfully sold in pet shops. Examples of such wild or exotic pets include, but are not limited to, tarantulas, lizards, iguanas, chinchillas, and other small pets lawfully sold and obtained.

(e) Notwithstanding any other provision of this chapter, and without limiting any other criteria upon which the administrator may deny or condition issuance of an animal control permit, the administrator may deny an animal control permit in any of the following circumstances:

(1) In the case of F1 (first) generation wolf hybrids, canis familiaris (domestic dog) x canis lupus (wolf), if the animal was whelped after February 4, 1988.

(2) In the case of F1 generation wolf hybrids whelped on or before February 4, 1988, if a copy of the state Department of Fish and Game permit issued pursuant to 14 Cal. Code Regs. § 671(c)(2)(K)(2)(a) is not submitted with the application for the animal control permit.

(f) Notwithstanding any other provision of this chapter, and without limiting any other criteria upon which the administrator may deny or condition issuance of an animal control permit, the administrator may deny an animal control permit for any F1 generation wolf hybrid, or any progeny thereof, that is not licensed and vaccinated in accordance with Gilroy Municipal Code sections 4.27—4.29. (Ord. No. 95-9, §§ 2, 3, 5-1-95; Ord. No. 96-3, § 1, 3-4-96)

4.46—4.49 Reserved.

ARTICLE VI. IMPOUNDMENT

4.50 Seizure and process therefor.

(a) Notwithstanding section 4.8 of this chapter, an animal control officer or peace officer may seize and impound an animal for violation of any provision of this title or state law, without prior notice and prior to a hearing, in any of the following situations where the officer reasonably believes it is necessary:

(1) To protect public health, safety and property;

(2) To protect an animal which is injured, sick or starving and must be cared for; and

(3) Where the owner is not present, to protect an animal from injury which has strayed onto public property or a public right-of-way.

(b) Where the officer determines the animal must be seized and impounded in accordance with subdivision (a), the officer shall post a notice of such impoundment on the front door of the residence of the owner or person who has a right to control the animal. The notice shall state the following: that the animal has been impounded, where the animal is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal 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 or custody of the animal.

(c) Where the owner or person in control of the animal has not contacted the police or citation issuing office in accordance with directions provided in the notice, the administrator shall attempt to contact that person again after twenty-four (24) hours and then forty-eight (48) hours.

(d) Persons owning or providing custody for the impounded animal may appeal the decision impoundment in accordance with the process set forth under sections 4.55 through 4.57. If the owner or person who has the right to control the animal wishes to challenge the impoundment, the owner shall personally deliver or mail a written request for a hearing, such that it is received by the administrator within seventy-two (72) hours of the seizure and impoundment.

(e) The administrator shall promptly set the time and place for the hearing and shall cause notice of such hearing to be deposited in the mail to the party requesting a hearing at least five (5) days before the date of the hearing. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.51 Seizure of at-large dogs or wild or exotic animals.

(a) Except as elsewhere provided in this chapter, an animal control officer shall not seize or impound a dog or wild or exotic animal for running at-large under the provisions of this title when the animal has not strayed from and is upon the private property of the owner or the person who has a right to control the animal, or upon private property to which the animal owner or person who has the right to control the animal has a right of possession.

(b) An animal control officer shall not seize or impound a dog which has strayed from, but then returned to, the enclosed portion of private property of his owner or the person who has a right to control the dog. In such a case, a citation may be issued to the owner or person in control of the animal. An officer may seize and impound any wild or exotic animal which has strayed from, but has returned to, the property of the animal’s owner or keeper.

(c) Where the officer is authorized to issue a citation under subsection (b), but the owner or person who has a right to control or custody of the animal cannot be located, and in the reasonable opinion of the animal control or peace officer at the scene the animal poses a threat of running at-large again, the animal may be impounded. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.52 Proper care required.

The administrator shall assure that all impounded animals receive suitable and adequate food, water and shelter. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.53 Redemption.

The administrator or animal control officer may permit an owner or other person entitled to custody of an impounded animal to redeem such animal. No animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provisions of this title. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.54 Disposition time limitation; diseased or injured animals.

(a) No animal may be disposed of until seventy-two (72) hours have elapsed from the date of impoundment, exclusive of the day of impoundment and the days that the impounding facility is closed to the public.

(b) Notwithstanding anything to the contrary, an animal which has been determined by a veterinarian licensed by the state or by other authorized personnel to be diseased or injured to the extent that emergency veterinary care will not alleviate intense suffering, shall be destroyed in accordance with all state and county humane laws as soon as possible. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.55 Hearing prior to animal deprivation.

(a) Except as provided otherwise in this chapter, the administrator, animal control officer or peace officer may not seize or impound any animal without the consent of the owner or person entitled to custody of the animal, unless notice of that seizure has been properly served as provided for in this chapter.

(b) If the owner or person who has a right to control an animal refuses to consent to an impoundment of any animal owned by such person, the animal control officer may issue a notice commanding the person to appear before the administrator at a set time. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.56 Appeal hearing and decision.

(a) Conduct of Hearing. At the hearing, the applicant and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Any relevant evidence may be admitted and strict rules of evidence need not apply.

(b) Form and Timing of Decision. The petitioner shall be given written notice of the decision within fifteen (15) days of the hearing. The decision of the hearing examiner shall be written and based entirely on the record. The administrator shall order the animal released without conditions, released with conditions, shall designate the animal vicious, dangerous level 1, 2, or 3 and order release with conditions, or for dogs designated level 3 shall order the animal destroyed.

(c) Effect of Decision. The decision of the administrator shall be final and shall be supported by the weight of the evidence. Any release conditions imposed by the administrator shall be solely in the interest of protecting public health, safety and property and the safety of the animal may include the obligation to inform, along with animal control, and city, county, postal, service utility company, employee, meter reader, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal’s dangerousness if the animal is moved into an area. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.57 Failure to appeal impoundment.

Any person who fails to appeal any seizure or impoundment by the animal control officer under this title within seventy-two (72) hours from impoundment will forfeit all rights of ownership and control of the animal. Final disposition of the animal shall be determined by that agency in accordance with the provisions of this title and state law. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.58 Judicial review.

The city has adopted California Code of Civil Procedure Section 1094.6, setting a time limit for seeking review of administrative decisions subject to review under that section. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.59 Fees and charges.

(a) An impoundment fee shall be charged to the owner of each animal impounded, in an amount fixed by resolution.

(b) In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the costs of keeping the animal, as determined by the administrator. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

4.60—4.62 Reserved.

4.63 Severability.

If any section, subsection, subdivision, sentence, clause, phrase or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. No. 95-9, §§ 2, 3, 5-1-95)

ARTICLE VII. MANDATORY SPAYING OF PIT BULL BREEDS

4.64 Findings.

The city council adopts this article based upon the following findings:

(1) The Legislature of the State of California approved of breed-specific mandatory spaying and neutering by adopting Senate Bill 861 (SB 861), codified at California Food and Agricultural Code Section 31683 and California Health and Safety Code Section 122331.

(2) The intent of SB 861 was to enable local governments to pass ordinances restricting the breeding of specific dog breeds by mandating the spaying and neutering of specific dog breeds.

(3) It is the city council’s intention that nothing in this article shall be deemed to conflict with state law as contained in the California Food and Agricultural Code and California Health and Safety Code.

(4) It is the city council’s intention that nothing in this article shall be construed to prevent dog owners in compliance with this section from maintaining intact breeds.

(5) Pit bull breeds and pit bull mixes constitute a majority of unadopted dogs held in animal shelters.

(6) To protect the public health, safety and welfare, it is the desire of the city council to modify the City Code consistent with SB 861, regarding the mandatory spaying and neutering of pit bull breeds and the permissive maintenance of and breeding of intact pit bull breeds.

(7) Restricting the maintenance of and breeding of intact pit bulls and requiring the spaying and neutering of pit bull breeds will not prevent responsible pet owners and pet breeders from owning, breeding, or showing pit bull breed. (Ord. No. 2010-06, § VII, 4-5-10)

4.65 Purpose and intent.

(a) It is the purpose and intent of this article to require the mandatory spaying and neutering of all pit bull breeds whose owners have not obtained a permit to maintain an intact breed.

(b) It is the purpose and intent of this article to establish a permit system allowing responsible owners to maintain an intact pit bull breed and to breed pit bulls. (Ord. No. 2010-06, § VII, 4-5-10)

4.66 Definitions.

(a) Whenever the words “pit bull” are used in this article, they shall mean any dog that is a bull terrier, miniature bull terrier, American pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, or any other dog displaying the physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics that conform to the standards established by the American Kennel Club (“AKC”) or United Kennel Club (“UKC”) for any of the above breeds. The AKC and UKC standards for the above breeds are listed on their websites.

(b) Whenever the word “city” is used in this article, it shall mean the city of Gilroy.

(d) Whenever the words “city code” are used in this article, they shall mean the Gilroy City Code. (Ord. No. 2010-06, § VII, 4-5-10)

4.67 Determination of breed.

(a) If an owner, guardian or keeper is unsure as to whether or not his or her unspayed and unneutered dog is a pit bull, he or she may make an appointment with the department at which a department staff member shall make a determination as to whether or not the dog is a pit bull.

(b) If the dog owner, guardian or keeper wishes to appeal the determination that the dog is a pit bull, within five (5) business days of the staff member’s determination he or she may request a hearing before the department’s director or designee. The hearing shall be held no more than thirty (30) days after the director receives the request. The hearing may be informal and rules of evidence not strictly observed. The decision of the director or designee is final. (Ord. No. 2010-06, § VII, 4-5-10)

4.68 Mandatory spaying and neutering of pit bulls—Exceptions.

No person may own, keep, or harbor any dog within the city that the person in possession knew, or should have known, was a pit bull that has not been spayed or neutered unless:

(1) The pit bull is under eight (8) weeks of age.

(2) The pit bull cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to a physical abnormality. A veterinarian must certify such a condition and determine the time frame after which the pit bull can be spayed/neutered. Within thirty (30) days of the operative date of the ordinance codified in this article, or within thirty (30) days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, guardian or keeper must submit such documentation to be verified by the department.

(3) The pit bull has been present in the city for less than thirty (30) days.

(4) The owner, guardian or keeper has obtained, or has submitted an application for, a breeding permit in accordance with section 4.72.

(5) Determination of breed is under appeal pursuant to section 4.67.

(6) The pit bull is a show dog. Within thirty (30) days of the operative date of the ordinance codified in this article, or within thirty (30) days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, guardian or keeper must submit a copy of the organization papers (AKC or UKC) to the department, demonstrating the pedigree information and show dog registration and that the dog conforms with the same breeding permit guidelines set forth in section 4.72. (Ord. No. 2010-06, § VII, 4-5-10)

4.69 Penalties.

Violation of section 4.68 may result in the following penalties:

(1) A first violation may result in the department impounding the pit bull and disposing of the pit bull in accordance with sections 4.30 and 4.50. A first violation shall be an infraction punishable by a fine as set forth in section 4.9. In order for the owner, guardian or keeper to reclaim the pit bull from the department, in addition to paying the other charges and fees set out in section 4.59, one (1) of the following must occur:

a. The department shall have a veterinarian spay or neuter the dog. The dog owner, guardian or keeper shall pay a deposit of one hundred dollars ($100.00) prior to the procedure and will be charged the fee for such services consisting of the actual expense incurred as established by the department. There may be additional fees for any extraordinary care provided.

b. In the alternative, the owner, guardian or keeper shall arrange for another veterinarian within the city or Santa Clara County to spay or neuter and shall pay the department a fee of sixty dollars ($60.00), which shall cover the department’s costs of delivering the dog to a vet of the owner’s, guardian’s or keeper’s choosing. The department shall deliver the dog to the vet, and the vet shall release the dog to the owner, guardian or keeper only after the spaying or neutering is complete.

c. At the discretion of the director, or designee, the director may release the dog to the owner, guardian or keeper; provided, that the owner, guardian or keeper signs an affidavit that he or she will have the dog spayed or neutered within two (2) weeks and will provide documentation verifying that the spaying or neutering occurred upon completion. If the owner, guardian or keeper fails to have his or her pit bull spayed or neutered as agreed in the affidavit, the department shall have the authority to impound the dog, and the owner, guardian or keeper may be charged with a second violation under subsection (2) of this section.

d. In the event that the director or designee determines that payment of any fees by the owner, guardian or keeper of a pit bull which is impounded or otherwise taken into custody would cause extreme financial difficulty to the owner, guardian or keeper, the director or designee may, at his or her discretion, waive all or part of the fees necessary for compliance with this section.

(2) A second violation of this section by the owner, guardian or keeper shall be a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000), or by both such fine and imprisonment. In addition, a second violation may result in the department impounding the pit bull and disposing of the pit bull in accordance with sections 4.30 and 4.50. (Ord. No. 2010-06, § VII, 4-5-10)

4.70 Allocation of fees and fines collected.

All fees and the city’s share of all fines collected under section 4.69 shall be used only by the department to fund the implementation and enforcement of the city’s animal control program. (Ord. No. 2010-06, § VII, 4-5-10)

4.71 Requiring permit for the breeding and transferring of pit bull puppies.

(a) No person shall cause or allow any pit bull, as defined in section 4.66, which is owned, harbored or kept within the city to breed or give birth without first obtaining a permit as described in this article.

(b) Keeping an unaltered male adult dog together with a female dog in heat in the same dog run, pen, room, or any other space where the two (2) dogs are allowed contact with one another that would allow the dogs to breed is considered prima facie evidence of an owner, guardian or keeper’s intent to allow the dogs to breed. (Ord. No. 2010-06, § VII, 4-5-10)

4.72 Granting or denying a permit.

(a) An owner or keeper of a pit bull may obtain a nontransferable permit that lasts for one (1) year. If more than one (1) owner, guardian, or keeper is involved in the breeding process, each party must apply for and be granted a breeding permit. The permit may be obtained from the department if all of the following conditions are met:

(1) The applicant has submitted the appropriate forms and fees required by the department in order to seek consideration for a breeding permit.

(2) The applicant has a space in which to breed pit bulls and raise the puppies that the department is satisfied will contain the animals as well as provide them with safe, sanitary, and humane conditions, appropriate for breeding pit bulls, which satisfies all applicable provisions of this article and all applicable state animal welfare laws.

(3) The department has evaluated and reached a positive conclusion regarding the suitability of the particular pit bulls to be bred, including consideration of their lineage, age and health condition. The department shall utilize the following guidelines in making a determination:

a. Owners, guardians or keepers shall provide verification that any pit bull to be bred is registered as a bull terrier, miniature bull terrier, American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier with the appropriate registry for its breed (American Kennel Club, United Kennel Club, American Dog Breeders Association (“ADBA”) or any other valid registry as determined by the department).

b. Any pit bull to be bred must meet the pit bull breed standard, as defined by the appropriate registration agency (AK, UKC, or ADBA), for physical conformation as well as temperament.

c. The registered pit bull has participated in at least one (1) approved dog show during the previous three hundred sixty-five (365) day period or the owner, guardian or keeper has given written notice to one (1) of the dog registries listed above stating his or her intention that the dog will participate in an approved dog show. A dog show is defined as an event that is sanctioned in writing by one or more of the dog registries listed above.

d. Any pit bull to be bred shall have the appropriate health screenings for its breed. For pit bulls this is, at a minimum, the following health tests: Orthopedic Foundation for Animals (“OFA”) or University of Pennsylvania Hip Improvement Program (“PennHIP”) certification on hips, OFA on heart by a certified cardiologist, and must have passed the American Temperament Testing Society temperament test.

(4) Breeders shall not allow female pit bulls to have more than one (1) litter per year.

(5) Upon approval of his or her application, the applicant must pay the one-hundred-dollar ($100.00) permit fee.

(b) The department shall automatically deny the permit if one or more of the following occurs, and that decision shall be final:

(1) The applicant fails to pay the permit fee within two (2) weeks of notification that the application has been approved. Applicant may reapply for a permit after ten (10) months.

(2) The applicant has a history of allowing dogs to run loose or escape, or has otherwise been found to be neglectful, or has had his or her dog identified as a nuisance.

(3) The applicant has violated any provisions of this article.

(4) The applicant has applied for a permit within the last ten (10) months.

(c) The department may on one or more occasion, up to one year after issuing the permit, perform an inspection of the dog’s living quarters to ensure that the standards required to receive a permit are met. The department will give the owner, guardian or keeper a twenty-four (24) hour notice and will conduct such inspection at a reasonable time when the owner, guardian or keeper, or his or her representative, is present. The owner, guardian or keeper shall allow the department access to conduct the inspection. If the property does not meet the required standards, or the owner, guardian or keeper cannot be contacted for an inspection within two (2) weeks of the department’s initial attempt, or the owner, guardian or keeper fails or refuses to allow an inspection, the department shall not issue a permit. (Ord. No. 2010-06, § VII, 4-5-10)

4.73 Revocation of permit.

(a) The department may, after conducting a hearing, revoke a breeding permit for violations of the provisions of this article. Within five (5) days of the department’s knowledge of any such violations, a hearing officer, who is any designated representative of department or the city police department, shall notice the owner, guardian or keeper of the pit bull in writing that he or she is in violation and subject to penalties under this article, including revocation of his or her breeding permit. Unless the hearing is waived by the owner, guardian, or keeper of the dog, or the hearing is scheduled on an agreed-upon date, the hearing officer shall fix a time not less than ten (10) or more than thirty (30) days from the date of the violation notice. The hearing officer shall fix a place for said hearing and cause all parties to be notified not less than five (5) days before the date of such hearing. The hearing may be informal and the rules of evidence not strictly observed. Within fifteen (15) days following the hearing, the hearing officer shall issue his or her decision to all parties. The decision of the hearing officer is final. Upon a finding of a violation, the hearing officer may impose appropriate remedies on the owner, guardian, or keeper. Any violation(s) may also be considered in future permitting decisions.

(b) After the department has issued a permit, it may revoke the permit pursuant to procedures set forth in subsection (a) of this section if a subsequent inspection of the premises under section 4.72(c) reveals the area to be below the standards required for the permit, or if the owner, guardian or keeper cannot be contacted for an inspection within two (2) weeks of the department’s initial attempt, or if the owner, guardian or keeper refuses the department access for an inspection. If the dog is already pregnant or the puppies are born, the department may, pending a hearing, impound the pit bull and/or its puppies in accordance with section 4.50. After a hearing, the department may fine the owner, guardian or keeper an amount not to exceed five hundred dollars ($500.00), permanently confiscate the puppies and dispose of them in accordance with section 4.50, and consider the violation in future permitting decisions. (Ord. No. 2010-06, § VII, 4-5-10)

4.74 Transference and sale of pit bull puppies.

(a) Any owner, guardian or keeper residing in or conducting a transaction within the city who offers any pit bull puppies under six (6) months old for sale, trade, or adoption, must prominently post his or her valid breeding permit number with any offer of sale, trade, or adoption. The permit number must also be supplied in writing to the individual, firm, corporation, or other entity that acquires a puppy.

(b) The breeder shall not remove puppies from the litter until the puppies are at least eight (8) weeks of age, are fully weaned, have their first set of vaccinations, have been dewormed and are in good general health.

(c) Breeders and any party that acquires a pit bull puppy through purchase, trade or adoption shall enter into a written agreement for the transaction and must include language that the acquiring party shall, at any time during the dog’s life, return the puppy to the breeder if the acquiring party cannot keep it, and that the breeder shall accept any such returned dog.

(d) Pit bull puppies that do not have show dog papers as defined in section 4.68(6) must be spayed or neutered by the breeder prior to transfer.

(e) Within three (3) weeks of the time that the litter is whelped, the breeder shall send to the department a head count of how many puppies were live-born. Within three (3) weeks after the breeder transfers physical possession of each puppy, the breeder shall notify the department of the name, address, and telephone number of the new owner, guardian or keeper of each puppy. (Ord. No. 2010-06, § VII, 4-5-10)

4.75 Fines for failure to comply with permit requirements.

(a) A violation of the breeding permit provisions of this article shall be an infraction punishable by a fine not to exceed five hundred dollars ($500.00). Such violations must be corrected within thirty (30) days.

(b) After thirty (30) days of a first citation, if the owner, guardian or keeper fails to correct a violation of this article, it shall be an additional violation and shall be punishable as a misdemeanor. Subsequent violations will be considered part of a continuous sequence of offenses and each violation after thirty (30) days of a prior conviction will be punishable as a misdemeanor. The punishment shall be imprisonment in the county jail for a period not to exceed six (6) months or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.

(c) Failure to include a prominently posted permit number when transferring pit bull puppies under section 4.74(a) shall be an infraction punishable by a one-hundred-dollar ($100.00) fine for the first violation, a two-hundred-dollar ($200.00) fine upon a second violation within a year of the first offense, and a five-hundred-dollar ($500.00) fine upon the third and subsequent violations within a year of the second offense.

(d) Failure to provide the department with the number of puppies born and information about a new owner, guardian or keeper of each puppy in accordance with section 4.74(e) shall be an infraction punishable by a one-hundred-dollar ($100.00) fine for the first violation, a two-hundred-dollar ($200.00) fine upon a second violation within one year of the first offense, and fine of five hundred dollars ($500.00) for the third and subsequent violations within one year of the second offense. Failure to provide the department with the new owner’s, guardian’s or keeper’s information for each puppy will be considered a separate and individual violation. (Ord. No. 2010-06, § VII, 4-5-10)

4.76 Allocation of fees and fines collected.

All fees and the city’s share of all fines collected under section 4.75 shall be used only by the department to fund the implementation and enforcement of the city’s animal control program. (Ord. No. 2010-06, § VII, 4-5-10)

4.77 Exceptions to permit posting requirements.

The department or a valid 501(c)(3) animal welfare and rescue organization that seeks adoptive homes for pit bulls may transfer ownership and place ads without displaying or supplying a permit number as described in section 4.74(a). (Ord. No. 2010-06, § VII, 4-5-10)

4.78 Operative date.

Notwithstanding the provisions of section 4.68, the provisions of this article mandating the spaying and neutering of pit bulls shall not be operative until the effective date of the ordinance codified in this article. Notwithstanding the provisions of sections 4.71 through 4.74, the provisions of this section requiring a permit for the breeding and transfer of pit bull puppies shall not be operative until the effective date of the ordinance codified in this article. (Ord. No. 2010-06, § VII, 4-5-10)

Editor’s note—Ord. No. 95-9, §§ 2, 3, adopted May 1, 1995, repealed and replaced Ch. 4. Former Ch. 4 pertained to similar subject matter and derived from Ord. Nos. 733, 833, 1029, 85-8, 89-1 and 89-6.

Cross references—Animal control, § 2.49; animal-drawn vehicles, § 15.3.

State law references—Cruelty to animals, Pen. C., § 597F; keeping animals and fowl in or near apartment houses, dwellings, etc., H. & S. C., §§ 17816, 17817.

Chapter 4ANIMALS AND FOWL

4.0 Short title.

4.1 Definitions.