Chapter 6.12
ANIMAL CONTROL
Sections:
6.12.010 Dogs at large prohibited.
6.12.020 Leash required for dogs off premises.
6.12.022 Control of dogs in public places.
6.12.025 Restrictions on dog tethering.
6.12.030 Safety of animals in moving motor vehicles.
6.12.040 Safety of animals in parked motor vehicles.
6.12.080 Animal defecation prohibited as specified.
6.12.085 Leaving dead animals in public places prohibited.
6.12.090 Excessive animal noise.
6.12.100 Harassment, threat, or injury by animals.
6.12.110 Dogs killing domesticated animals or other dogs.
6.12.120 Owner’s control and management of livestock.
6.12.130 Livestock or wild game mammals—Threat or injury by animals prohibited.
6.12.132 Cinches, saddle girths, and bucking and flanking straps.
6.12.136 Bloodless bullfights prohibited.
6.12.138 Animal control officers present at rodeos and similar events.
6.12.139 Food poisoning prohibited.
6.12.140 Unrestrained potentially dangerous or vicious animals prohibited.
6.12.145 Restrictions on male Old English Games, male game birds, and male gamecocks.
6.12.155 Use of steel-jawed leghold traps.
6.12.010 Dogs at large prohibited.
(A) It is unlawful for the owner of any dog, licensed or not, to permit or allow such dog to be at large anywhere in the unincorporated area of Santa Cruz County when there is reasonable cause to believe that the dog has caused or is likely to cause harm to persons or property, or other nuisances such as urinating, defecating, dumping garbage, digging, or making noise on the property of others.
(B) The owner of any dog found in violation as described above may be contacted by an animal control officer or peace officer and issued a citation for the violation. If the owner is not present, and there is no reasonable way to secure the dog to the owner’s property to prevent subsequent violations, it may be impounded. If a dog is impounded from the property where the owner is not present, a notice of such impound will be left with information about the nature of the impound, the name and address of the impounding agency, and an indication of the ultimate disposition of the dog if it is not reclaimed within a specified period of time. [Ord. 5388 § 4, 2022].
6.12.020 Leash required for dogs off premises.
It is unlawful for the owner of any dog, whether licensed or unlicensed, to permit or allow such dog to be away from the premises of its owner at any time if not under actual physical restraint and control, such as a leash, tether, or in the grasp of a person. [Ord. 5388 § 4, 2022].
6.12.022 Control of dogs in public places.
Any person who owns or has custody, control, or possession of a dog in a public place shall abide by the following:
(A) The dog shall at all times be on leash, except at legally designated dog off-leash areas.
(B) The dog shall at all times be accompanied by its owner or the person that has custody, control, or possession of the dog and shall at no time be left unattended for more than 15 minutes.
(C) The dog shall at no time be tied or tethered to any pole, bench, planter, or other structure or object on the street or sidewalk or to any structure in the public right-of-way for more than 15 minutes.
(D) Any dog showing a propensity for aggression when tethered shall not be allowed to be unattended for any period of time and must be at all times physically connected by leash to the owner or other person who has custody, control, or possession of the dog. [Ord. 5388 § 4, 2022].
6.12.025 Restrictions on dog tethering.
In addition to the restrictions set forth in Health and Safety Code Section 122335, the following requirements apply to any dogs attached to a tether, running line, pulley, or trolley system (together “tether system”):
(A) The tether system shall not allow a dog to reach an object or hazard, including but not limited to a windowsill, edge of a pool, fence, public road or highway, porch, or terrace railing that poses a substantial risk of injury or strangulation to such dog if the dog were to walk into or jump over such object or hazard.
(B) The tether system shall not have weights attached or contain metal chain links more than one-quarter of an inch thick.
(C) The tether system shall have swivels on both ends to prevent twisting and tangling.
(D) The tether system shall allow the dog to walk at least 10 feet in any one direction, excluding the length of such dog as measured from the tip of the dog’s nose to the base of the dog’s tail.
(E) The dog may not be attached to a tether system outside in periods of extreme weather, including but not limited to extreme heat or cold, thunderstorms, or lightning.
(F) The tether system must be connected to the dog by a commercially available buckle type collar or body harness made of nylon or leather that is of sufficient size to adequately and safely restrain the dog. [Ord. 5388 § 4, 2022].
6.12.030 Safety of animals in moving motor vehicles.
No person shall transport or carry on any public highway or public roadway any dog or other animal in a motor vehicle unless the animal is safely enclosed within the vehicle, or if traveling in an unenclosed vehicle (including but not limited to convertibles, pickup and flat-bed trucks), the animal is confined by a container, cage, or other device that will prevent the animal from falling from or jumping from the motor vehicle. [Ord. 5388 § 4, 2022].
6.12.040 Safety of animals in parked motor vehicles.
No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal’s health, safety, or welfare due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An animal control officer, State Humane Officer, or law enforcement officer is hereby authorized to use reasonable force to remove the animal from the vehicle whenever there is reasonable belief that the animal’s health, safety, or welfare is or will be endangered. [Ord. 5388 § 4, 2022].
6.12.080 Animal defecation prohibited as specified.
It is unlawful for the owner of any animal to allow or permit such animal to defecate on any public property or improved private property, other than that of the owner. It is the responsibility of the animal’s owner to properly dispose of any solid waste resulting from an act in violation of this section. [Ord. 5388 § 4, 2022].
6.12.085 Leaving dead animals in public places prohibited.
It is unlawful for any person to place or leave the body of any dead animal in any street, park, or public place. The bodies of any dead animals shall be promptly removed as directed by any animal control officer. In the event the County knows the identity of the owner of such dead animal and it is necessary for the County to remove the animal, the owner shall pay the costs of the removal. The charges to be paid for removal of dead animals shall be set by resolution of the Board of Supervisors. [Ord. 5388 § 4, 2022].
6.12.090 Excessive animal noise.
(A) Prohibition. It is unlawful for an owner of an animal to allow the animal to emit any excessive noise after the Department has issued a written notice of an excessive noise complaint. For purposes of this section, the term “excessive noise” means a noise that is unreasonably annoying, disturbing, or offensive to a person with ordinary sensibilities, or which unreasonably interferes with the comfortable enjoyment of life or property. Livestock guardian dogs actively working to protect their flock are exempt from this section.
(B) Complaints. All complaints to the Department regarding violations of subsection (A) of this section must be made in writing, signed under penalty of perjury, and must include the name, address, and telephone number of the complainant(s), as well as the address of the animal owner and a description of the noise, including the date(s) and approximate times of the excessive noise.
(C) Violations. Notwithstanding other provisions of this code, the following penalties apply to violations of this section:
(1) First Violation. The Department will issue a written notice to the owner of the animal advising of the noise complaint after it receives a verifiable written complaint. The notice will order the owner to abate the excessive noise within 10 days of the notice (“compliance date”).
(2) Second Violation. A second violation occurs if the animal’s owner fails to stop the excessive noise by the compliance date. A second violation is an infraction punishable by a fine of up to $100.00.
(3) Third Violation. A third violation occurs if the animal’s owner fails to stop the excessive noise within 10 days after the notice of the second violation is mailed. A third violation is an infraction punishable by a fine of up to $200.00.
(4) Subsequent Violations. Each subsequent violation after the third violation within one year of the original complaint is an additional infraction punishable by a fine of up to $500.00. [Ord. 5388 § 4, 2022].
6.12.100 Harassment, threat, or injury by animals.
It is unlawful for the owner of any dog or other animal to suffer or permit the same to annoy and harass, chase, threaten to inflict, or inflict injury of any kind on any person. [Ord. 5388 § 4, 2022].
6.12.110 Dogs killing domesticated animals or other dogs.
It is unlawful for the owner of any dog or other domesticated animal to suffer or permit the same to cause the death of another dog or other domesticated animal, except where the offending animal is acting in self-defense, or where the incident occurs on the property of the owner of the offending animal. The Director may impound any dog or domesticated animal found at large in violation of this section, and the Director may declare the dog or domesticated animal to be a potentially dangerous or vicious animal and take appropriate further action as authorized under this code. [Ord. 5388 § 4, 2022].
6.12.120 Owner’s control and management of livestock.
Persons owning or having care, custody or control of any ox, steer, bull, cow, horse, calf, sheep, goat, hog, or other livestock animal, including any wild animal as defined in California Fish and Game Code Section 2118 that is kept as livestock, shall not:
(A) Permit such animal to be at large in the unincorporated areas of the County;
(B) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park, or other public place;
(C) Tie, stake, or pasture, or permit the tying, staking, or pasturing of any such animal upon any private property within the unincorporated areas of the County without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or
(D) Permit any such animal to be or remain during the nighttime secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral, or barn sufficient and adequate to restrain the animal. [Ord. 5388 § 4, 2022].
6.12.130 Livestock or wild game mammals—Threat or injury by animals prohibited.
It is unlawful for the owner of any animal to allow the animal, under any circumstances, to chase, threaten to inflict, or inflict injury of any kind on any wild game mammals, as defined in California Fish and Game Code Section 3950, or on any domestic livestock, including cows, sheep, horses, and chickens. Livestock guardian dogs actively working to protect their flock are exempt from this section. [Ord. 5388 § 4, 2022].
6.12.132 Cinches, saddle girths, and bucking and flanking straps.
No sharp or cutting objects in cinch, saddle girth, or flank straps shall be permitted. Only sheepskin-lined flanking straps shall be used on bucking stock and those straps shall be of the quick-release type. Flank straps shall be placed on an animal so the sheepskin-covered portion is over both the flanks and belly of the animal. Flanking straps shall be released immediately upon the completion of any event in which they are employed. Bucking or flanking straps shall not be overtightened, or otherwise used to torment, torture, or practice any cruelty on any animal, as such terms are defined in California Penal Code Section 599b. [Ord. 5388 § 4, 2022].
6.12.134 Electric prods.
The use of electric prods shall not be permitted to torture, torment, or practice cruelty on any animal, as such terms are defined in California Penal Code Section 599b. [Ord. 5388 § 4, 2022].
6.12.136 Bloodless bullfights prohibited.
Bloodless bullfights are prohibited. [Ord. 5388 § 4, 2022].
6.12.138 Animal control officers present at rodeos and similar events.
Animal control officers shall be present at all rodeos and similar events to ensure that animals participating in or being utilized in those types of events are not tortured, tormented, or treated with cruelty as such terms are defined in Section 599b of the California Penal Code or as defined by local ordinance. [Ord. 5388 § 4, 2022].
6.12.139 Food poisoning prohibited.
No person shall place, leave, or expose, in any place accessible to birds, fowl, dogs, cats, or any domestic animal, with the intent to kill or harm such birds, fowl, or animals, any edible item which has in any manner been treated or prepared with any poisonous substance or ingredient. [Ord. 5388 § 4, 2022].
6.12.140 Unrestrained potentially dangerous or vicious animals prohibited.
It is unlawful to permit any potentially dangerous or vicious animal to go unrestrained. Any potentially dangerous or vicious animal may be required by written order of the Director to be confined to its owner’s premises and allowed at liberty only under the direct control of its owner while on a leash and properly muzzled to prevent harm or injury to the public. [Ord. 5388 § 4, 2022].
6.12.145 Restrictions on male Old English Games, male game birds, and male gamecocks.
(A) Purpose. The purpose of this section is to limit the number of male Old English Games, male game birds, and male gamecocks that may be kept on a single property to reduce public nuisances, illegal cockfighting, and the raising of birds used for cockfighting, and to protect the health and safety of the County’s residents. For purposes of this section a single property is defined as any parcel or combination of parcels operated as one unit.
(B) Male Old English Game, Male Game Bird, and Male Gamecock Keeping Requirements.
(1) It is unlawful to keep or maintain on any single property more male Old English Games, male game birds, or male gamecocks than are listed in the following table without a license issued under SCCC 6.08.110.
|
Size of Property |
Maximum Number of Birds |
|
Less than one-half acre |
2 |
|
One-half acre to one acre |
4 |
|
One to five acres |
6 |
|
More than five acres |
10 |
(2) This section does not apply to commercial poultry ranches whose primary commodity is the production of eggs or meat for sale and which are regulated by the United States Department of Agriculture (USDA) Food Safety Inspection Service, or government-operated animal shelters or other animal welfare organizations that employ humane officers as described in California Corporations Code Section 14502.
(3) Each individual male Old English Game, male game bird, or male gamecock over the number listed in the table above for the applicable size of a single property constitutes a separate violation.
(4) The construction and location of birdcages or coops must not conflict with the requirements of any building code or setback line and must be at least 50 feet from any residence other than the owner’s residence.
(5) Nothing in this section may be construed as authorizing the keeping of male Old English Games, male game birds, or male gamecocks in violation of any other applicable law or ordinance. [Ord. 5388 § 4, 2022].
6.12.150 Wild animals.
(A) Prohibition. No person shall possess, keep, or have care, custody, or control of any animal belonging to a “wild species,” as defined in California Fish and Game Code Section 2118, anywhere in the unincorporated area of the County.
(B) Exemption. This section shall not apply to persons having a valid, unexpired permit from the California Department of Fish and Wildlife under Fish and Game Code Section 2150 et seq., to possess a wild animal as enumerated in, or designated pursuant to, California Code of Regulations, Title 14, Section 671, on the effective date of the ordinance codified in this chapter.
(C) Injuring Wildlife Prohibited. No person shall willfully injure, kill, capture, or take any wildlife within the unincorporated area of Santa Cruz County. “Wildlife” includes mammals and birds of any kind which live in the wild, except for rodent pests. This section does not apply to any County employees or Animal Shelter employees acting within the scope of their employment for the protection of public health and safety. This does not include legal hunting or fishing with a valid license from the California Department of Fish and Wildlife. This section does not prevent owners of livestock or domesticated animals from shooting a wild animal that is caught in the act of attacking their domestic animal or livestock. [Ord. 5388 § 4, 2022].
6.12.155 Use of steel-jawed leghold traps.
It is unlawful for any person to set, trigger, activate, or otherwise use, or cause to be set, triggered, activated, or used, any steel-jawed leghold trap to be used for the capture of any animal, except to address rodent infestation as set forth in California Health and Safety Code Section 116125. [Ord. 5388 § 4, 2022].
6.12.160 Violation—Evidence.
Proof that an animal was found at large in violation of any of the provisions of this chapter, together with proof that the person accused was the owner of such animal at the time, shall constitute prima facie evidence that the person allowed or permitted the animal to be at large or otherwise act in violation of the provisions of this chapter. [Ord. 5388 § 4, 2022].