Chapter 6.30
DOGS AND CATS
Sections:
6.30.020 Maximum number of dogs, cats or litters.
6.30.030 Vaccination of dogs and cats.
6.30.100 Presentation of license on request.
6.30.110 Veterinarian responsibilities.
6.30.120 Dogs in posted off-leash areas.
6.30.140 Hearing regarding classification as dangerous.
6.30.150 Restrictions of dogs designated as “dangerous.”
6.30.160 Registration of dangerous dogs.
6.30.010 Restraint of dogs.
The owner of any dog shall keep and maintain such dog under their own physical restraint by use of a leash not to exceed six feet in length, or shall keep such dog sufficiently confined behind a fence of reasonable height. This section shall not apply to the following:
(a) Guide dogs for the blind or deaf while performing their duties or service dogs in formal training programs;
(b) Dogs participating in field or obedience trials or exhibitions;
(c) Dogs assisting their owner/handler in legal hunting or in the herding of livestock;
(d) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities;
(e) Dogs being trained for any of the above purposes on private land with permission of the landowner, so long as such dogs are under direct control of such individuals to assure that they do not violate any other provision of law. (Ord. 1879 § 1, 3-29-11).
6.30.020 Maximum number of dogs, cats or litters.
(a) No person shall keep or maintain more than a total of three adult dogs and/or cats (any combination) over four months of age, at any street address.
(b) No person shall keep or maintain more than one unspayed female dog or one unspayed female cat, at any street address.
(c) 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.
(d) No person shall allow the parturition and rearing of more than one litter (dogs or cats) in any one calendar year from females owned by him/her or maintained on his/her premises.
(e) The provisions of this section shall not apply to a bona fide veterinarian licensed by the State of California for the practice of veterinary medicine, or a pet shop, commercial kennel, private kennel, animal shelter or animal menagerie that holds a valid permit from the Administrator. (Ord. 1879 § 1, 3-29-11).
6.30.030 Vaccination of dogs and cats.
Every owner of a dog or cat over four months of age shall cause such dog or cat to be vaccinated with an anti-rabies 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. Compliance with the provision of this section shall be a condition to the issuance or renewal of dog and cat licenses. (Ord. 1879 § 1, 3-29-11).
6.30.040 License required.
(a) No person shall maintain or board any cat or dog four months of age or older that has not been licensed pursuant to the provisions of this title, except:
(b) A license shall not be required for an animal owned or under the control of a nonresident of the City that is to be kept in the City for less than thirty (30) days in any twelve (12) month period.
(c) A license shall not be required for cats or dogs temporarily brought into the City for entry into an event, show or exhibition scheduled not more than ten days thereafter. (Ord. 1879 § 1, 3-29-11).
6.30.050 License fees.
(a) Dog and cat license fees, including reduced fees for spayed females or neutered males, for each dog or cat within the City shall be those fixed by resolution of the City Council. Dog and cat license fees shall not be refundable in whole or in part.
(b) The City Manager may require the submission of a certificate of a licensed veterinarian stating that a dog or cat has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding, or is incapable of breeding, prior to issuance of a license at a lesser fee.
(c) An additional fee, in an amount determined by the City Council, shall 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.
(d) 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.
(e) The City Manager may waive the license fee for only one spayed or neutered dog or cat kept in a household where the owner of the dog or cat is over the age of sixty-five (65) years, provided such owner presents or qualifies for a State Medi-Cal card. (Ord. 1879 § 1, 3-29-11).
6.30.060 Issuance of license.
Upon payment of the 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 the vaccination, and a description of the dog or cat for which such license is issued, together with the number of the metallic tag accompanying the same. (Ord. 1879 § 1, 3-29-11).
6.30.070 Metal tags.
(a) With each dog or cat license, the Administrator shall issue a metal tag bearing an identifying number and the words and letters “DOG/CAT LICENSE SILICON VALLEY ANIMAL CONTROL.” Each dog or cat shall wear the metal tag issued for it at all times except when being shown at a dog or cat show, exhibition or event. In the event it is necessary to issue a duplicate tag, a fee, set by the City Council, shall be charged to the owner.
(b) It shall be unlawful for any person to attach a metal tag issued pursuant to this section to any dog or cat other than the dog or cat for which it was issued. (Ord. 1879 § 1, 3-29-11).
6.30.080 License period.
(a) The term of any dog or cat license issued hereunder shall commence on the date of the issuance of the license and shall terminate twelve (12), twenty-four (24), or thirty-six (36) months from the date of issue, depending on the expiration of the dog or cat’s rabies vaccination.
(b) Dog or cat licenses may be renewed upon expiration, upon proof of a new rabies vaccination. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. (Ord. 1879 § 1, 3-29-11).
6.30.090 Record of licenses.
The Administrator shall keep a record of all licenses issued, together with a description of the dog or cat for which such license is issued. (Ord. 1879 § 1, 3-29-11).
6.30.100 Presentation of license on request.
Upon request of any authorized animal control employee or any peace officer, the owner or person having control of a dog or cat shall present the license. (Ord. 1879 § 1, 3-29-11).
6.30.110 Veterinarian responsibilities.
(a) Every veterinarian who vaccinates or causes or directs to be vaccinated in the City any dog with an anti-rabies vaccine shall use a form provided by the City to certify that such animal has been vaccinated.
(b) Every veterinarian shall provide to the animal owner a copy of the anti-rabies vaccination form for use in obtaining a license for the animal.
(c) Every veterinarian shall submit to the Administrator a copy of the County-approved anti-rabies vaccination form, within ten days of the beginning of each month, for any dog which he or she vaccinates or directs to be vaccinated with anti-rabies vaccine during the previous month.
(d) Every veterinarian operating a business within the city shall conspicuously display a sign to notify dog owners that their animals must be licensed.
(e) The humane destruction of an animal must be accomplished by a person who has completed a training curriculum of at least eight hours, provided by a veterinarian, a registered veterinary technician, or an individual who has been certified by the California Animal Control Directors Association and the State Humane Association of California to train persons in the humane use of sodium pentobarbital. The curriculum shall include humane animal restraint techniques, sodium pentobarbital injection methods and procedures, verification of death training, safety training and stress management for personnel, and record keeping and regulation compliance for sodium pentobarbital. At least five hours of the curriculum shall consist of hands-on training. The trained person may only use sodium pentobarbital to perform the humane destruction, per California Code of Regulations, Title 16, Section 2039. (Ord. 1879 § 1, 3-29-11).
6.30.120 Dogs in posted off-leash areas.
The exemption from the requirements for the restraint of dogs as set forth in SCCC 6.30.010 shall apply only if all of the following conditions are met:
(a) No dog shall be in a posted off-leash area except when in the charge, care, custody, or control of a person at least thirteen (13) years old.
(b) No animals other than dogs shall be in any posted off-leash area. Dogs are only permitted in the posted off-leash area during posted hours of operation.
(c) No person shall have more than two dogs in a posted off-leash area at any one time.
(d) Any dog in a posted off-leash area must be at least four months of age, vaccinated for rabies, and currently licensed by the City’s animal services division or other jurisdiction. All persons entering the posted off-leash area are responsible for ensuring that their dog is not sick, in heat, injured, less than four months of age, or displaying aggressive behavior toward other dogs or humans in the posted off-leash area.
(e) Any person having charge, care, custody or control of a dog in a posted off-leash area shall:
(1) Carry at all times a suitable container or other suitable instrument for the removal and disposal of dog feces;
(2) Promptly remove and properly dispose of any waste deposited by the dog;
(3) Quiet or remove the dog if it disrupts or disturbs the reasonable and comfortable use of the area;
(4) Have in his/her possession a leash for such dog that shall be worn by the dog, and physically held by the owner, at all times the dog is not in the posted off-leash area; and
(5) Comply with all other applicable State and local laws, including without limitation those that govern the health, safety and maintenance of dogs.
Compliance with this section shall not relieve any person of liability for damages arising out of his/her use of a posted off-leash area. (Ord. 1879 § 1, 3-29-11).
6.30.130 Barking dogs.
It shall be unlawful for any person to harbor, keep or maintain any dog in the City which disturbs the peace and quiet of one or more persons in the immediate neighborhood by loud barking or making unusual noises. “Loud barking” means barking, howling or baying by day or night at frequent and/or extended periods of time so as to be a nuisance to one or more persons occupying a house or houses in an immediate neighborhood and preventing such person or persons from the comfortable enjoyment of their homes. “Loud barking” does not mean barking where a dog is in the act of protecting or resisting trespassers upon its premises. The burden of proof of such an act of protection or resistance to trespassers by a dog is upon the person owning, harboring, controlling, maintaining, possessing or having charge of the dog. (Ord. 1879 § 1, 3-29-11).
6.30.140 Hearing regarding classification as dangerous.
(a) Any dog which exhibits any behavior described in SCCC 6.05.010(d)(2) may be determined to be a dangerous dog. The status shall be established after a hearing as hereinafter provided. Proceedings may be instituted by:
(1) Observation by the animal control officer;
(2) A complaint sworn by a person or persons who observed the behavior complained of.
(b) Hearings for classification as dangerous shall be conducted as follows:
(1) The owner shall be given written notice, by first class mail with return receipt requested or personal service, of the date, time and place of the hearing at least five business days in advance of the hearing date, as well as the facts which are the basis of the complaint. The owner shall be notified of the restrictions which will apply to the animal if it is classified as a dangerous animal. Written notice of date, time, place and reason for the hearing shall also be mailed by first class United States mail to all residential parcels located within one hundred (100) feet of the boundaries of the owner’s property at least five business days in advance of the hearing date.
(2) The owner may waive his/her right to a hearing by filing a written waiver with SVACA, whereupon SVACA shall make the findings and apply the sanctions provided in this title.
(3) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.
(4) The hearing shall be conducted before a Hearing Officer. The appointment of the Hearing Officer shall be by the Administrator. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law.
(5) The Hearing Officer may continue hearings, based on good cause, as established by one of the parties to the hearing or if the Hearing Officer independently determines that due process has not been adequately afforded.
(6) The Hearing Officer shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply. The Hearing Officer shall also consider circumstances of mitigation, as well as the owner’s and animal’s history. If the hearing is held as a result of a sworn complaint, at least one of the complainants shall appear and testify at the hearing or the complaint shall be dismissed.
(7) After the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class return receipt mail. The Hearing Officer shall make a written determination within fifteen (15) calendar days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made within seven calendar days of the hearing.
(8) The Hearing Officer may also prohibit the owner from owning, possessing, controlling or having custody of any dog for up to three years, if it is determined, after a dangerous dog hearing, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare. Thereafter, such person must demonstrate to the Administrator that he or she is capable of directly restraining the dog he or she seeks to own, possess, control or have custody of.
(9) If the owner or keeper of the animal contests the dangerous dog determination, he/she may, within five business days of receipt of the notice of determination, appeal the decision of the Hearing Officer to the superior court. The owner or keeper of the animal shall serve notice of the appeal to the City either personally or by first class mail, return receipt requested.
(10) The determination of the court hearing the appeal shall be final and conclusive upon all parties.
(11) The owner shall comply with all conditions imposed by the animal control officer pending the hearing.
(12) The City Council may establish a filing fee by resolution for requests for hearings under this section. (Ord. 1879 § 1, 3-29-11).
6.30.150 Restrictions of dogs designated as “dangerous.”
(a) The owner or person with the right to control a dangerous dog shall be required to:
(1) Keep the dog under his/her own physical restraint by:
(A) Means of a nonretractable leash not to exceed three feet in length;
(B) Capable of restraining four times the weight of the dog;
(C) Attached to an escape-proof commercial-quality walking harness that fastens securely across the shoulders and mid-chest, encompassing the rib area and upper abdomen of the dog;
(D) No neck collar of any type or material will be sufficient;
(E) The dog shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings, except when the dog is inside a securely enclosed, escape-proof locked kennel or pen;
(F) The dog shall be securely muzzled with a device constructed to allow normal respiration but impossible for the dog to remove without human assistance; and
(G) The dog shall be under the direct physical control of a person who is at least eighteen (18) years old and who is physically capable of restraining the dog.
(2) The City Manager may require the use of specially marked or colored leash and collar or harness for identification of dangerous dogs.
(3) The dog shall be spayed or neutered.
(4) The dog shall have a microchip implant for identification purposes.
(5) The owner of such animal shall immediately keep such animal in a securely enclosed, escape-proof, locked kennel or pen, the location and placement of which shall be determined by the Hearing Officer. Such kennel, pen or structure must have secure sides and a secure top attached. The kennel or pen must be constructed in a manner and of such materials so that it cannot be broken down by any action of the confined dog. All structures used for confinement of dangerous dogs must be locked with a key or combination lock of sufficient strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material of sufficient depth to prevent the dog from digging free. Sides of the structure shall be imbedded not less than two feet into the ground behind a solid fence not less than six feet in height. The supporting posts of the structure shall be set in concrete or other material not less than two feet into the ground and no further than six feet apart. The sides and ends of the structure shall be constructed of solid boards or chain-link material not less than six feet in height and securely fastened to the top and bottom of the structure. The structure shall not be constructed or maintained in any front or required side yard and shall be maintained in a sanitary condition at all times. The dog(s) confined therein shall be afforded adequate protection from the elements and kept in a humane manner.
(6) The dog must be confined by means of a house, apartment, building or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of the owner or person having a right to control such dog.
(7) Any owner or person having a right to control the dog shall seek pre-approval from the City Manager for a dog obedience class and attend the dog obedience class with the dog that exhibited behavior that led to this designation.
(8) The owner must post a sign advising of the presence of a dangerous dog at the entrance to every place wherein any such dog is confined. The sign must be capable of being understood by a child with the normal reading skills of a second grader.
(9) No person shall transport a dangerous dog except in a locked animal carrier equivalent in construction quality to those used by commercial air carriers.
(10) No person shall leave a dangerous dog unconfined or unattended in or about any motor vehicle.
It is understood that the provision of subsection (a)(5) of this section shall not apply to the owner or person with the right to control a dangerous dog living in an apartment or condominium.
(b) This section shall not apply to the following:
(1) Guide dogs for people with visual or auditory disabilities or who otherwise use a dog to accommodate a disability or service dogs in formal training programs;
(2) Dogs participating in field or obedience trials or conformation exhibitions;
(3) Dogs assisting their owner/handler in legal hunting activities or in the herding of livestock;
(4) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities; and
(5) Dogs being trained for any of the above-described purposes on private property with the permission of the landowner, so long as these dogs are under the direct control of individuals who assure that they do not violate any other provision of law. (Ord. 1879 § 1, 3-29-11).
6.30.160 Registration of dangerous dogs.
(a) Every owner of a dangerous dog over four months of age shall be required to register the dog with the City Manager. Such registration shall be renewed on an annual basis. A registration fee, and a fee to be charged for multiple inspections of required confinement facilities for such dogs, shall be fixed by resolution of the City Council.
(b) Every owner of a dangerous dog over four months of age shall be required to obtain a public liability insurance policy from an insurer licensed to practice in the State of California, a single-incident amount of not less than one hundred thousand dollars ($100,000.00), or provide another surety that would provide for similar financial compensation to anyone whose person or property is injured by the dog, in a form and amount satisfactory to the City Manager. Such owner shall give written notice to the City Manager of any cancellation or material change in such policy or surety at least thirty (30) days prior to the date of such cancellation or material change.
(c) The owner or keeper shall notify SVACA within twenty-four (24) hours if a dangerous dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died.
(d) The owner or person having a right to control the dog may not move the place of residence of the dog within the city, sell, trade, give away or otherwise transfer ownership and/or the right to control the dog to a person residing within the city, unless the City Manager has approved the dangerous dog registration for the new location or approved the new person assuming ownership and/or right to control the dog.
(e) If the dog owner or person having a right to control the dog decides to sell, trade, give away or otherwise transfer ownership and/or the right to control the dog to a location outside of the city and/or to another person residing outside the city, the person transferring ownership or control shall:
(1) Notify SVACA at least five business days prior to the physical transfer of the dog; and
(2) Provide SVACA with the name, address and telephone number of the new owner or new person having a right to control the dog.
(f) An animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such officer is hereby empowered to seize and impound any dangerous dog whose owner fails to comply with the provisions hereof.
(g) Owners of dangerous dogs unable to meet the requirements directed by the City Manager shall be required to surrender the dogs to the City Manager for humane destruction or other disposition, at the discretion of the City Manager, unless the City Manager determines that the dog no longer presents any threat to persons or property in the city. (Ord. 1879 § 1, 3-29-11).