Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.010 Dogs – License and tag required.
6.04.020 Dogs – Vaccination required.
6.04.030 Dogs – Confinement when under four months of age.
6.04.040 Dog license – Due and delinquent when.
6.04.050 Dog license – Fees – Exemptions.
6.04.060 Dog license – Notice of issuance.
6.04.070 Dog license – Register of tags.
6.04.080 Dog license – Loss and replacement, counterfeiting and transferability of tags.
6.04.090 Impound and rabies fees.
6.04.100 Permitting dogs in food stores or restaurants unlawful.
6.04.110 Dogs or other animals running at large – Prohibited.
6.04.120 Dogs or other animals running at large – Impoundment.
6.04.130 Impoundment – Notice to owner – Redemption, destruction or sale of dog.
6.04.140 Quarantine of biting dogs or other animals.
6.04.150 Abandonment of dogs or other animals unlawful.
6.04.160 Animals – Creating disturbing noises or unsanitary conditions – Destroying property.
6.04.165 Beekeeping nuisances.
6.04.170 Potentially dangerous and vicious dogs.
6.04.190 Authority of animal control officer.
6.04.010 Dogs – License and tag required.
Every person owning, having charge, care, control or custody over any dog shall, after such dog attains the age of four months, annually secure from the city treasurer a license and tag for such dog as provided in this chapter. The tag shall be affixed to a collar or harness in conspicuous fashion, and shall remain so affixed for the entire term of such tag. (Ord. 511 § 3, 1978; prior code § 8-801(a))
6.04.020 Dogs – Vaccination required.
A. Every person owning, having charge, care, control, or custody over any dog shall, immediately after such dog attains the age of four months and at intervals no less frequently than every twenty-four months thereafter, provide for the vaccination of such dog by a veterinarian licensed to practice in the state with a canine antirabies vaccine of a type approved by the state Department of Public Health.
B. The city treasurer shall not issue a license or tag to any person for any dog until such person has submitted a certificate of vaccination approved by the county S.P.C.A. or a licensed veterinarian showing that the dog has been vaccinated in accordance with the provisions of this section. (Ord. 511 § 3, 1978; prior code §§ 8-801(b) and (d))
6.04.030 Dogs – Confinement when under four months of age.
All dogs under four months of age shall be confined to the premises of, or kept under physical restraint of, the person owning or having charge, care, control, or custody over such dog; providing, however, that this section shall not be construed to prevent the sale or transportation of such dog; and, provided further, that this section shall not be construed to prohibit any dog to be kept in or upon any motor vehicle owned or operated by any person owning or having charge, care, control, or custody over such dog. (Ord. 511 § 3, 1978; prior code § 8-801(c))
6.04.040 Dog license – Due and delinquent when.
All licenses issued under this chapter shall be due the first day of May of each year, and shall be declared delinquent the first day of June of each year, except as provided in this chapter. (Ord. 511 § 3, 1978; prior code § 8-802)
6.04.050 Dog license – Fees – Exemptions.
A. Every person owning or having charge, care or control over any dog of the age of four months or over shall pay an annual license fee to be determined by resolution of the city council.
B. 1. All dogs maintained in a licensed kennel shall be licensed at one-half of the regular rate pursuant to all the provisions in this section.
2. No fee shall be charged for the issuance of a license for a seeing eye dog.
C. The following classes of dogs need not be licensed under this chapter:
1. Dogs kept, harbored, or maintained by owners who are nonresidents of the city and are staying within the city for fifteen days or less, if such dogs are kept, harbored, or maintained only during such temporary sojourn of their owners;
2. Dogs brought into the city for the purpose of participating in any dog show, exhibition, or competition. (Ord. 802 §§ 1, 2, 1991; Ord. 541 § 1, 1979; Ord. 511 § 3, 1978; prior code § 8-803)
6.04.060 Dog license – Notice of issuance.
The city treasurer shall notify the county S.P.C.A. of the issuance of each license issued pursuant to this chapter. (Ord. 511 § 3, 1978; prior code § 8-805)
6.04.070 Dog license – Register of tags.
The city treasurer shall keep a register wherein there shall be kept the name and address of the owner to whom any tag under this chapter is issued, together with a description of the dog, the number of the tag issued, and the date of issuance. Such register shall be open to public inspection. (Ord. 511 § 3, 1978; prior code § 8-806)
6.04.080 Dog license – Loss and replacement, counterfeiting and transferability of tags.
A. In the event any tag issued under this chapter is lost, destroyed, or mutilated, the owner of the dog for whom it was issued may obtain a duplicate thereof for the payment of fifty cents.
B. It is unlawful for any person to imitate or counterfeit the official tag provided for in this chapter, or knowingly to have in his/her possession any imitation or counterfeit of such tag.
C. No tag issued under this chapter shall be transferable from one dog to another, and no refunds shall be made on any dog license fee because of the death of the dog, or because the owner of the dog leaves the city, or because the owner of the dog removes the dog from the city before the expiration of the license period. (Ord. 511 § 3, 1978; prior code § 8-804)
6.04.090 Impound and rabies fees.
Fees and charges for impounding and rabies vaccination shall be determined by resolution of the city council. (Ord. 802 § 3, 1991)
6.04.100 Permitting dogs in food stores or restaurants unlawful.
It is unlawful for any person to bring into or for any person to allow, suffer, or permit any dog to enter into any place of business in the city in which food is sold, prepared for sale, produced, manufactured, packed, stored or consumed; provided, that this section shall not apply to seeing eye dogs. (Ord. 511 § 3, 1978; prior code § 8-808)
6.04.110 Dogs or other animals running at large – Prohibited.
It is unlawful for the owner or the person having care, custody or control of any dog or other animal, whether licensed or unlicensed, to suffer, permit or allow such dog or other animal to run at large on any public street, alley, park, square or other public place, or on any vacant or unenclosed lots of land within the corporate limits of the city or on the private property of another person without first obtaining permission therefor from the owner or occupant of said private property. Any dogs or other animals shall be deemed to be running at large within the meaning of this section unless such dog or other animal is led or restrained by a chain, strap, cord or leash attached to its collar or harness, and actually held by some person or made fast to some stationary object. (Ord. 766 § 1, 1989; Ord. 511 § 3, 1978; prior code § 8-809)
6.04.120 Dogs or other animals running at large – Impoundment.
It shall be the duty of the chief of police of the city, and such deputies as he/she may appoint for such purpose, or the agency designated to do so by a joint powers agreement entered into by the city under authority of the California Government Code, to seize and impound all dogs and other animals, whether licensed or unlicensed, found running at large within the meaning of SMC 6.04.110. (Ord. 511 § 3, 1978; prior code § 8-810)
6.04.130 Impoundment – Notice to owner – Redemption, destruction or sale of dog.
A. No dog impounded under the provisions of SMC 6.04.110 or 6.04.120 shall be destroyed, sold, or placed in another home until and after written notice has been given by the city to the owner of such dog, if known, as provided in this section. The notice provided for in this section shall contain a description of the dog, including the sex and breed thereof, and the date such dog was impounded. The notice required by this section may be served either:
1. By delivering a copy to the owner of the dog personally; or
2. If such owner is absent from his/her residence or from his/her usual and regular place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy in the regular course of the mail addressed to the owner of such dog at his/her place of residence; or
3. If such place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found, then by sending a copy of such notice in the regular course of the mail addressed to the owner of such dog at the last known address of the owner.
B. If no person appears and redeems the dog within seventy-two hours from the giving of the notice as provided in this section, the person in charge of the impound facility may cause and direct the dog to be destroyed in a humane manner, or may cause and direct the dog to be sold, or may cause and direct the dog to be placed with a home deemed by such person to be suitable. (Ord. 511 § 3, 1978; prior code § 8-811)
6.04.140 Quarantine of biting dogs or other animals.
A. Whenever it is shown that any dog or other animal has bitten any person, or whenever any dog or other animal shows symptoms of rabies, or acts in such a manner as to lead any animal control officer, peace officer, or veterinarian to believe that such dog or other animal may have rabies, the owner or person having charge, care, control, or custody of such dog or other animal shall, upon order of such animal control officer, peace officer, or veterinarian, quarantine such dog or animal and keep it confined and securely tied for a period of ten days. Any animal control officer, peace officer, or veterinarian shall have the authority to make inspection or examination of such dog or other animal at any time during such period and, if not satisfied that this section has been fully complied with, may immediately impound the animal.
B. In lieu of the method of confinement set out in subsection A of this section, the owner or person having charge, care, control or custody of such dog or other animal may have the same confined in an establishment controlled and supervised by a veterinarian licensed under the laws of the state for a period of not less than five days, after which time such dog or other animal may be released from such establishment upon the certification of the veterinarian controlling or supervising such establishment that such dog or other animal displays no symptoms whatsoever of rabies, and upon vaccination and licensing under the provisions of this chapter. (Ord. 511 § 3, 1978; prior code § 8-814)
6.04.150 Abandonment of dogs or other animals unlawful.
It is unlawful for any person to wilfully abandon any dog or other animal within the city. Violation of this section shall be an infraction, punishable as provided in SMC 1.16.030. (Ord. 623 § 2, 1982; Ord. 511 § 3, 1978; prior code § 8-816)
6.04.160 Animals – Creating disturbing noises or unsanitary conditions – Destroying property.
It is unlawful to keep or harbor any dog, cat, or other animal or fowl which, by reason of its barking, howling, yelping or other noise, or which by reason of unsanitary conditions in connection with its keeping, habitually disturbs the peace of any person, is declared to be contrary to the public health, safety and welfare and to be a public nuisance. The nuisance may be abated by appropriate proceedings in any court of competent jurisdiction in the manner provided by law. (Ord. 560 § 1, 1980; Ord. 539 § 2, 1979; Ord. 511 § 3, 1978; prior code § 8-817)
6.04.165 Beekeeping nuisances.
A. Honeybees or beehives shall be considered a public nuisance when any of the following occur:
1. Honeybees exhibit unprovoked defensive behavior against humans or animals.
2. Honeybees interfere with the normal use of neighboring properties, including detrimental impacts to property values or human health or safety.
3. Hives become abandoned by the property owner. (Ord. 1057 § 3, 2019; Ord. 709 § 1, 2019)
6.04.170 Potentially dangerous and vicious dogs.
A. Definitions.
1. “Potentially dangerous dog” is any dog which, when unprovoked:
a. On two separate occasions within the prior thirty-six-month period engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
b. Bites a person causing a less severe injury than as defined in California Food and Agriculture Code Section 31604.
c. On two separate occasions within the prior thirty-six-month period has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
2. “Vicious dog” is any dog that:
a. When unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;
b. Was previously determined to be and currently listed as a potentially dangerous dog, that, after its owner or keeper has been notified of this determination, continues the behavior described in this subsection A;
c. When the owner of a potentially dangerous dog fails to meet the conditions outlined in subsection C of this section.
3. “Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
4. “Impounded” means taken into custody by the police department.
5. “Enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order the prevent the animal from escaping and the animal shall be housed pursuant to Section 597t of the California Penal Code.
6. “Direct neighbors” means the properties within a three-hundred-foot radius of the location where a potentially dangerous dog is kept.
B. Process to Determine Dog to Be Potentially Dangerous or Vicious.
1. If an animal control officer or a law enforcement officer has investigated and determined there exists probable cause to believe that a dog is potentially dangerous or vicious, law enforcement shall notify the owner of the dog, who may agree that a dog is potentially dangerous or vicious. Stipulation to owning a potentially dangerous dog will subject the owner to meeting the conditions outlined in subsection C of this section within five business days. Stipulation to owning a vicious dog will require the owner to relinquish or relocate the vicious dog in accordance with subsection E of this section. In the absence of any agreement as to the potential dangerousness or viciousness of a dog, the city shall follow the judicial determination processes set forth in California Food and Agriculture Sections 31621 through 31626, as such sections may be amended from time to time.
2. No dog may be declared a potentially dangerous or vicious dog if:
a. Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog; or
b. Any injury or damage is sustained by a person or domestic animal which was teasing, tormenting, abusing, or assaulting the dog; or
c. Any injury or damage is sustained by a person who was committing or attempting to commit a crime; or
d. The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or
e. An injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained resulted from the teasing, tormenting, abusing, or assaulting the dog; or
f. The injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
C. Conditions by Which a Potentially Dangerous Dog May Be Kept.
1. The city shall maintain a list of dogs determined to be “potentially dangerous.”
2. All potentially dangerous dogs shall be properly licensed, vaccinated and spayed or neutered. All licenses for a potentially dangerous dog shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing entity has determined the designation applies to the dog. The licensing process shall require an owner to provide proof of compliance, by declaration or otherwise, with all conditions required to keep a potentially dangerous dog. A potentially dangerous dog fee shall be required in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.
3. The owner of the potentially dangerous dog must post their property with a “Beware of Dog” sign and the city will notify direct neighbors of the presence and designation by written notice to the property owner and inhabitant.
4. A potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in an enclosure, as defined herein, suitable to prevent entry of young children.
5. A potentially dangerous dog may be off the owner’s premises only if it is restrained by a substantial leash, of appropriate length but no more than six feet, and muzzled in a manner that its teeth cannot touch anything outside the muzzle and if it is under the control of a responsible adult.
6. If not already microchipped, prior to the return of the dog, an identification microchip must be implanted at cost to the owner. If the dog already has an existing microchip, the identification code must be submitted to the police department at time of licensing.
7. If not already spayed or neutered, the dog must be spayed or neutered at cost to the owner. Proof of spaying or neutering must be submitted to the police department at time of licensing the dog.
8. The owner of the dog shall be required to maintain canine general liability insurance or provide other proof of financial responsibility covering property damage and bodily injury caused by the dog, with a combined single limit of one hundred thousand dollars and will be required to show proof of such insurance.
9. If the dog in question dies, or is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner of a potentially dangerous dog shall notify the Seaside police department licensing of the changed condition and new location of the dog in writing within two working days. If the new owner lives in the city of Seaside, they must comply with all of the above or surrender the dog to a person or entity that can meet the above requirements or safely keep the dog.
D. Removal of Potentially Dangerous Dog Designation.
1. If there are no additional instances of the behavior described in subsection (A)(1) of this section within a thirty-six-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs.
2. The dog may, but is not required to, be removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six-month period if the owner or keeper of the dog demonstrates to the police department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.
E. Vicious Dogs.
1. It is unlawful to keep, harbor, or maintain a vicious dog in the city of Seaside.
2. Vicious dogs may be impounded, or may be ordered humanely destroyed, as determined by a court of competent jurisdiction in accordance with subsection B of this section.
3. Any animal control officer or peace officer of the city may, pursuant to lawful authority, enter upon private premises in order to seize any vicious dog. Any vicious dog, whether running at large or not, which cannot safely be taken up and impounded, may be killed by a peace officer.
4. No dog impounded under the provisions of this section shall be destroyed or otherwise disposed of until and after written notice is given by the city to the owner of such dog, if known, or to the person having charge, care, control, or custody over such dog, as provided in this section. Such notice shall contain a description of the dog impounded, including the sex and breed thereof and the date the dog was impounded, and the circumstances of such impoundment. The notice required by this section may be served in the manner provided for the serving of notice set out in SMC 6.04.130.
5. The keeping, harboring or maintaining of any vicious dog is declared to be contrary to the public health, welfare and safety, and to be a public nuisance. In addition to the foregoing methods of abatement of such nuisance, the same may be abated by appropriate proceedings in any court of competent jurisdiction.
6. Any animal destroyed pursuant to this section shall immediately be taken, by the officer, to a licensed veterinarian or to Monterey County Animal Services for a rabies determination pursuant to state law.
F. Fines, Fees and Charges. Any owner of a dog impounded under the provisions of this section will be required to pay such impound fees and other charges associated with compliance of the provisions of this section. Any violation of this section involving a potentially dangerous dog or vicious dog shall be punished by a fine not to exceed five hundred dollars. Any violation of this section involving a vicious dog shall be punished by a fine of one thousand dollars. (Ord. 1077 § 1, 2020; Ord. 1042 § 2, 2017; Ord. 816 § 1, 1992; Ord. 511 § 3, 1978; prior code § 8-818)
6.04.180 Curbing dogs.
It is unlawful for any owner or person having charge, care, custody or control over any dog to permit, suffer, or allow such dog to defecate or urinate upon any public sidewalk or upon any improved private property, except that of the owner or person having charge, care, custody or control over such dog. It shall be the duty of the owner or person having charge, care, custody or control over a dog to curb such dog in order to carry out the intent of this section. (Ord. 511 § 3, 1978; prior code § 8-819)
6.04.190 Authority of animal control officer.
A. Any animal control officer may issue citations for violations of provisions of this chapter or of state law relating to disease, care, treatment, impounding, or cruelty to dogs or other animals in the manner prescribed by the city.
B. In the performance of his/her duties for the control of dogs or other animals, any animal control officer shall have the authority to employ the use of any animal control devices in common use within the state.
C. All animal control officers shall be deemed to be public officers. (Ord. 589 § II(17)(b), 1981; Ord. 511 § 3, 1978; prior code § 8-815)
6.04.195 Prosecutions.
In any prosecution under this chapter, the person who is shown to be in possession of the premises shall prima facie be deemed in possession and control of any animals thereon kept or maintained. (Ord. 709 § 1, 1986)
6.04.200 Violation – Penalty.
A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision or failing to comply with any requirement of this chapter shall be deemed guilty of an infraction unless otherwise specifically indicated. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, and shall be punishable therefor as provided in this section.
B. Any person who violates any provision of this chapter, or any person who makes any false statement in making application for a license or who shall in any manner interfere or attempt to interfere with any duly authorized enforcement officer in the performance of any duty imposed by the provisions of this chapter, and every person who shall unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions of this chapter from the custody of the duly authorized enforcement officer, and any person who shall remove or attempt to remove from the animal control vehicle and holding facilities any dog or other animal impounded therein without having first redeemed the same as provided in SMC 6.04.130, or obtained the permission of an authorized enforcement officer to do so, shall be guilty of a misdemeanor. (Ord. 1042 § 2, 2017; Ord. 649 § 1, 1983; Ord. 511 § 3, 1978; prior code § 8-820)