* As to covering of garbage receptacles, to prevent entry of animals, see § 16.22. As to prohibition against livestock in public parks, see § 21.3. As to riding animals in parks, see § 21.11.

ARTICLE I. IN GENERAL

5.1 Definition of “lot or parcel of land” and “improved lot.”

Unless it is apparent from the context that another meaning is intended, the following words or terms, when used in this article, shall have the meaning attached to them by this section:

“Improved lot” means any lot or parcel of land on which is located a dwelling house, occupied or unoccupied.

“Lot or parcel of land” means any area of land in the city under one ownership as shown on the last assessor’s roll of the county or the records of the city, whichever is the most recent, or any area of land under legal control of any person. (Ord. No. 875, § 1.)

5.2 Fowl and rabbits—Maximum number of pigeons or doves permitted to be kept; application and granting of variance by planning commission.

It is declared to be a nuisance and it is unlawful for any person to keep or maintain within the city more than twelve pigeons or doves; provided, however, when unnecessary hardships occur by reason of the strict enforcement of this limitation, the planning commission upon written application of any owner of pigeons or doves may annually grant a permit to keep more than twelve under such conditions as may be appropriate; and provided, further, that homing and racing pigeons shall be kept and liberated only as set forth in section 5.4-2. (Ord. No. 1301, § 1; Ord. No. 1435, § 1; Ord. No. 1983, § 18.)

5.3 Same—Conditions prerequisite to granting of variance; term, renewal, suspension or revocation of variance.

Before the variance may be granted, it shall be shown that special circumstances exist which do not apply generally to other persons or property in the city. It must also be shown that the granting of the variance will not result in material damage or prejudice to other persons or property in the vicinity of the owner’s premises nor detrimental to the public safety or welfare. A filing fee of five dollars shall be paid with each annual application for a variance.

Any variance issued pursuant hereto shall be good only for the remainder of the year in which it is issued and shall come up for renewal during January of each year thereafter. It may be revoked or suspended by the planning commission, as in its discretion may seem just and meet, for any violation of the conditions of the variance or of any laws or ordinances of the city. Such revocation or suspension shall be made only upon a hearing granted to the holder of the variance so revoked and suspended, which hearing shall be held before the planning commission after five days’ notice mailed to such variance holder. Said notice shall state the grounds of complaint against the variance holder and shall set the time and place where such hearing will be held. (Ord. No. 1301, § 1; Ord. No. 1983, § 18.)

5.4 Same—Restrictions on running at large and keeping near adjoining property and dwellings.

It is hereby declared to be a nuisance, and it shall be unlawful for any person to suffer or permit any chicks, chickens, geese, ducks, turkeys, pigeons, doves, squabs, or similar fowl, or any hare or hares or rabbit or rabbits owned or controlled by such person to run at large or to go upon the premises of any other person in the city, or to keep or maintain the same within fifteen feet of the property line of any adjacent improved lot or parcel of land or within fifty feet of any dwelling other than that occupied by such person. (Ord. No. 1301, § 1.)

5.4-1 Same—Number of chickens or fowl which may be kept.

It is hereby declared to be a nuisance, and it shall be unlawful for any person to keep or maintain in the city within two hundred feet of any dwelling other than that occupied by such person, more than twelve chickens or more than fifty chicks or fowl of any kind under four months old, or more than ten rabbits or hares over the age of four months old, or more than twenty-five rabbits or hares under the age of four months. (Ord. No. 1301, § 1.)

5.4-2 Same—Racing pigeons.

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep, maintain or liberate in the city homing or racing pigeons except as follows:

(a) Homing and racing pigeons shall be kept or liberated within the city only if a permit in writing, authorizing the keeping or liberation of such homing and racing pigeons, be first applied for and obtained from the city council; provided, however:

(1) That no such permit shall be issued to keep in excess of seventy-five such pigeons (excluding squabs).

(2) That no such permit shall be issued to liberate in excess of fifty such pigeons.

(3) That no such permit shall be issued to keep or liberate such pigeons within fifty feet of any dwelling unit (other than the dwelling of the permittee).

(4) That no such permit shall be issued to keep such pigeons for market or commercial purpose.

(5) That no such permit shall be issued to keep or liberate such pigeons: (a) Under circumstances constituting a nuisance to neighboring properties; or (b) in violation of the zoning code or other ordinance of this city.

(b) Every application for a permit to keep and liberate for exercise and racing of such carrier, homing and racing pigeons shall be made upon forms to be furnished for that purpose by the city council, signed by the applicant and filed with the city council. No such application shall be received for filing by the city council unless accompanied by a filing fee of twenty-five dollars.

(1) The lofts or pigeon houses for the keeping of such racing and homing pigeons shall be constructed in such manner as to preclude the attraction of rodents.

(2) All feed for such pigeons shall be stored in containers which offer protection against rodents.

(3) All pigeon droppings and food scraps shall be removed from the premises at least once a week and disposed of in a sanitary manner.

(4) Lofts or pigeon houses shall be maintained in a sanitary condition. (Compliance with the health regulations promulgated by the state racing pigeon organization is declared to be a reasonable and prima facie standard for sanitary conditions);

(d) Each permit issued pursuant to the provisions of this section shall be valid for a period of one year from and after the date of issuance and shall be renewable upon the payment to the city council of a renewal fee in the sum of ten dollars annually.

(e) It shall be the duty of each such permittee, to scrape or clean such pigeon lofts and houses, wherein such carrier, racing and homing pigeons are kept at least three times each week, and the applicant shall permit the department of health to inspect each such loft and pigeon house at least once each month.

(f) Any such permit may be revoked upon notice to permittee for violation of any provision hereof or for permitting such pigeons to become a nuisance to neighboring properties. (Ord. No. 1435, § 2.)

5.5 Same—Certain fowl prohibited.

(a) It is hereby declared to be a nuisance and it shall be unlawful for any person to feed, provide food, keep, pasture, house or maintain in the city any rooster, gander, peafowl or guinea hen.

(b) Violations of this section shall be punished by imposition of a fine in an amount not to exceed $100.00 for a first conviction, $150.00 for a second conviction within one year, and $250.00 for each additional conviction with one year. Nuisances under this section may be subject to reasonable abatement procedures, consistent with due process of law, or a restraining order or injunction issued by court of competent jurisdiction. The decision of whether to abate or prosecute a nuisance under this section shall be made on a case-by-case basis by the chief of police or their designee. (Ord. No. 875, § 8; Ord. No. 1170, § 1; Ord. No. 2367, § 1, 2022.)

5.6 Horses, mules, ponies, burros and donkeys—Keeping in lots of less than fifteen thousand square feet.

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep, pasture, feed or maintain in the city any horse, mule, pony, burro or donkey on a lot or parcel of land having an area of less than fifteen thousand square feet. (Ord. No. 875, § 3.)

5.6-1 Coyotes.

It shall be unlawful for any person to willfully feed or in any manner provide food for one or more coyotes (canis latrans);

(a) This section is not applicable to the owner of a coyote that is kept under a valid certificate/permit issued by the State of California Department of Fish and Game.

(b) This section is not applicable to anyone who provides food and water for a trapped, unweaned, or injured coyote during the time the agency in charge is notified and the animal has been picked up.

(c) Every violation of this section shall be an infraction punishable by a fine of twenty-five dollars. (Ord. No. 1776, § 1.)

5.7 Same—Keeping within fifty feet of adjoining property line or one hundred feet of dwelling of another.

It is declared to be a nuisance and it is unlawful for any person to keep, pasture, feed, or maintain in the city any horse, mule, pony, burro or donkey within fifty feet of the property line of any adjoining improved lot or parcel of land or within one hundred feet of any dwelling other than that occupied by such person. Existing stables which predated the placement of dwellings within one hundred feet thereof shall be excepted from the terms of this section until such times as declared to be a nuisance by the health department. (Ord. 875, § 3; Ord. No. 1525, § 1.)

5.8 Same—Fly-killers or fly traps.

It is unlawful for any person keeping, pasturing, feeding or maintaining any of the animals mentioned in the two preceding sections to fail, refuse or neglect to keep and maintain on the premises at least one effective fly-killer or fly trap in good working order for every fifteen or fractional part thereof in number of such animals. (Ord. No. 875, § 3.)

5.9 Same—Leaving horses or mules unattended.

It is unlawful for any person to leave unfastened and unattended any horse or mule upon any public street, alley or place within the corporate limits of the city or upon any lot, way or place opening into any such public street, alley or place. (Ord. No. 276, § 1.)

5.10 Same—Weight to be used in hitching horses and mules.

It is unlawful for any person in hitching or fastening any horse or mule as required by the preceding section, when using a weight therefor, to use a weight that shall weigh less than twenty pounds. (Ord. No. 276, § 2.)

5.11 Same—Hitching two horse or mule teams.

A team of two horses, or two mules, may be hitched or fastened by a proper hook on the wagon drawn by such team, to which hook the team is hitched by fastening the lines to such hook in such a manner that the team cannot move forward. (Ord. No. 276, § 3.)

5.12 Same—Hitching to shade trees.

It is unlawful for any person to hitch or fasten any horse, mule or other animal to any shade or ornamental tree along any public street, alley or place within the city; or to hitch or fasten such animal near enough to any such shade or ornamental tree to permit or enable such animal to mutilate, injure or destroy such tree. (Ord. No. 276, § 4.)

5.13 Keeping sheep.

It is declared to be a nuisance and it is unlawful for any person to keep, pasture or maintain in the city any sheep within five hundred feet of any dwelling other than that occupied by such person. (Ord. No. 875, § 4.)

5.14 Keeping cattle.

It is declared to be a nuisance and it is unlawful for any person to keep, pasture or maintain in the city any cattle within three hundred feet of any dwelling other than that occupied by such person. However, a pet steer or heifer calf not exceeding eighteen months of age belonging to a child who is a member of a 4H Club or other agricultural organization sanctioned by the United States or by the state may be kept pastured or maintained within such three hundred feet, but not less than one hundred feet, of the nearest dwelling other than the dwelling occupied by such child, provided a written permit so to do is first obtained from the city manager. (Ord. No. 875, § 5, Ord. No. 1081, § 1.)

5.14-5 Keeping cats.

CAT KENNEL DEFINED. The term “cat kennel” as used in this section means any place in the city where five or more feline animals are kept or permitted to remain.

LOCATION OF CAT KENNELS. It is unlawful for any person to establish, keep or maintain, or to allow or permit to be established, kept or maintained, upon any premises owned or controlled by him in the city, any cat kennel, any portion of which is situated within one thousand feet of any dwelling house other than one occupied by the owner or person in control of such cat kennel.

KEEPING CATS FOR BREEDING PURPOSES. It is unlawful for any person to keep or maintain, or to allow or permit to be kept or maintained, upon any premises owned or controlled by him in the city, any cat, either male or female, kept mainly for breeding purposes within three hundred feet of any dwelling house other than one occupied by the owner or person in control of such cat. (Ord. No. 1581, § 1.)

5.15 Keeping goats.

It is declared to be a nuisance and it is unlawful for any person to keep, pasture or maintain in the city more than two female goats and then only at a distance of not less than one hundred and fifty feet from any dwelling other than that occupied by such person. Male goats shall not be kept in the city. (Ord. No. 875, §§ 6, 8; Ord. No. 1170, § 1.)

5.16 Keeping swine.

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep, pasture, house or maintain in the city any hogs, pigs or swine. There shall be exempt from this section a pig known as Shari Pei or Vietnamese or Asian or Potbellied Pig. There shall not be more than one such animal per household, lot or parcel of land and/or improved lot, except for a commercial pet store.

(a) No person owning or having charge or control of any potbellied pig shall cause or permit the same to be or to run at large upon any street, lane, court or other public place, or upon any private property other than that of the person owning or having charge or control of such pig, in the city, unless such pig is restrained by a substantial chain or leash not to exceed six feet in length and is in the care and control of a competent person.

(b) No person owning or having charge or control of any potbellied pig shall knowingly or through failure to exercise due care or control permit such pig to defecate or regurgitate and allow such excrement to therefore remain in excess of five minutes in any public park, upon the sidewalk or parkway of any street, or upon any private property without the consent of the owner or occupant thereof. (Ord. No. 875, § 8; Ord. No. 1170, § 1; Ord. No. 1999, § 1; Ord. No. 2037 § 3.)

5.17 Keeping, etc., monkeys, apes, etc., in city.

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep, house, maintain or permit upon any parcel of land in the city, whether domesticated or tamed or not, any monkey, ape, poisonous reptile, jaguar, leopard, lynx, tiger, lion, ocelot, bobcat, catamount, cheetah, mountain lion, wildcat, panther or bear, except by a circus or sideshow duly licensed to do business in the city. Nothing herein shall be deemed to prohibit the keeping of felis catus, otherwise known as the domestic or house cat. (Ord. No. 875, § 8; Ord. No. 1170, § 1; Ord. No. 1377, § 1.)

5.18 Bees—Keeping near swimming pool.

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep or maintain in the city any bees or a colony, hive or nook of bees within two hundred feet of any outdoor swimming pool other than that owned and possessed by such person. (Ord. No. 875, § 7; Ord. No. 998, § 1.)

5.19 Same—More than three hives, colonies, etc., prohibited.

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep or maintain within the city more than three colonies, hives or nooks of bees. (Ord. No. 875, § 7; Ord. No. 998, § 1.)

5.20 Noisy animals and fowl.

The keeping or permitting of any dog, fowl or other animal on any parcel of land within the city limits, the sounds or cries of which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which unreasonably endangers the health, repose, peace or comfort of residents in the area is declared to be a public nuisance.

The sound or cry of any dog, fowl or other animal shall be found to cause discomfort, annoyance or endanger the health, repose, peace or comfort of a reasonable person when three or more complaints from different residents regarding a specific animal or group of animals are received within a period of seven days.

Nuisances under this section may be subject to reasonable abatement procedures, consistent with due process of law, or a restraining order or injunction issued by court of competent jurisdiction. As an alternate to abatement, nuisances under this section may be found to constitute an infraction of the Municipal Code for the first offense, and a misdemeanor for any subsequent offense, under Municipal Code 1.aZ. The decision whether to abate a nuisance under this section shall be made on a case-by-case basis by the chief of police or his/her designee. (Ord. No. 875, § 23; Ord. No. 2031, § 1.)

5.21 Filthy stables and yards; manure.

(a) It is hereby declared to be a nuisance and it shall be unlawful for any person to keep or permit upon any premises owned, controlled or occupied by such person in the city, any chicken coop, rabbit hutch, corral, yard, kennel, stable, cow shed, horse shed or horse picket line in a foul, offensive, noxious or filthy condition.

(b) It is declared to be a nuisance, and it is unlawful for any person keeping any fowl or animal in the city to fail or neglect to cause the manure therefrom to be completely removed from the premises at least once in every twenty-four hours, unless such manure is kept in a sound container of metal, brick, stone, concrete or of wood or planks not less than one inch in thickness. Such container shall at all times be kept covered and inaccessible to flies.

(c) It is declared to be a nuisance and it is unlawful for any person to keep or permit to be kept in the city, manure in any container for a longer period than seven days, or to fail to clean and disinfect such container when ordered so to do by any health officer. (Ord. No. 875, § 14.)

5.22 Dead animals.

It is declared to be a nuisance and is unlawful for any person to permit the carcass of any animal to remain upon any property owned, controlled or occupied by such person in the city for a period of more than 24 hours after the death of the animal, except the carcass of an animal kept for human consumption. It is unlawful for any person to bury the carcass of any animal upon property, public or private, in the city. It is unlawful for any person to deposit the carcass of any animal in the organic waste or nonorganic waste receptacles as defined in Chapter 16 SPMC, except the carcass of an animal of the type used for human consumption, or the carcass of a small rodent (e.g., mice and rats). (Ord. No. 875, § 15; Ord. No. 1382, § 1; Ord. No. 2359, § 5, 2021.)

5.22-1 Mistreating baby fowl or rabbits.

A business licensee shall not:

(a) Sell, offer for sale, barter or give away as pets, toys, premiums or novelties any baby chickens, ducklings or other fowl under three months of age or rabbits under two months of age; or

(b) Color, dye, stain or otherwise change the natural color of the above described fowl or rabbits; or

(c) Bring or transport the above described fowl or rabbits into the city for sale or resale. (Ord. No. 1696, § 1; Ord. No. 2313, § 2, 2017.)

5.22-2 Sale of commercially bred dogs, cats, and rabbits in pet stores, retail businesses, or other commercial establishments prohibited.

(a) It shall be unlawful for any person to sell any live dog, cat, or rabbit in any pet store, retail business, or other commercial establishment located in the city of South Pasadena, unless the dog, cat, or rabbit was obtained from an animal shelter or a nonprofit rescue and humane organization.

(b) This section shall not affect a consumer’s ability to obtain a dog or cat of his or her choice directly from a breed-specific or other rescue organization, or directly from a breeder of breed-specific pedigreed dogs or cats where the consumer can see the conditions in which the dogs or cats are bred or can confer with the breeder concerning those conditions.

“Animal shelter” means a public animal shelter operated by any city or any county or other public agency, or an entity operating under contract with any city or county, such as a humane society, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

“Person” means an individual, firm, association, partnership, corporation, joint venture, or combination of individuals.

“Rescue and humane organization” means a California nonprofit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3) and which participates in early age spay/neuter of animals; complies with state and local laws regarding the humane treatment of animals; and whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

“Sale” or “sell” means to sell, auction, barter, or otherwise transfer for money or other compensation. (Ord. No. 2313, § 1, 2017.)

ARTICLE II. RUNNING AT LARGE

5.23 Running at large prohibited.

It is declared unlawful for any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat or hog to run at large in the city, or to be pastured or herded, staked or tied in or on, or tied or staked in such a manner as to be able to get upon any of the streets, lanes, alleys, public squares, parks or other public places belonging to or under the control of the city. It is also unlawful for any of such animals, or stock of any kind, to be tied, staked or pastured upon any private property within the limits of the city unless by consent of the owner or occupant of such property. (Ord. No. 169, § 4.)

ARTICLE III. DOGS

DIVISION I. GENERALLY

5.24 Definitions.

The following words or terms shall have the meanings respectively ascribed to them in this section:

“Animal” means any beast, poultry, bird, reptile, fish or any other dumb animal.

“Dog” means any male, female or spayed female dog four months of age or older.

“Dog kennel” means any place in the city where four or more dogs are boarded, given treatment or kept.

“Health officer” means any person designated by the city council, or any authorized deputy of such person.

“Horse” means any mule, burro, pony, jack, hinney or jenny.

“License collector” means the director of finance of the city.

“Person” means any firm, partnership, corporation, trust or association of persons.

“Poundmaster” means any person designated by the city council by contract, or any authorized deputy of such person. (Ord. No. 896, § 1; Ord. No. 1338, § 1; Ord. No. 2037 §§ 1, 2).)

5.25 Who deemed owner.

Any resident of the city owning, caring for or harboring a dog or any other animal for fifteen consecutive days shall be deemed to be the owner thereof within the meaning of this article. This section shall be read in conjunction with Section 5.39 of this code. (Ord. No. 896, § 6; Ord. No. 2037 § 3.)

5.26 Number of dogs which may be kept by an individual.

It is unlawful for any person to keep or harbor on any lot or parcel of land within the city more than three dogs, except as the operator of a kennel as defined in SPMC 5.24; provided, however, that the city, upon written application showing good cause, may grant a special permit to keep or harbor more than such number, which permit shall be revocable at the discretion of the city, pursuant to procedures established by resolution. (Ord. No. 896, § 18; Ord. No. 2306, § 1, 2016.)

5.27 License required.*

It is unlawful for any person owning or having charge, control or care of any dog, four months of age or older, to keep the same within the city without having secured and being in possession of a current license from the director of finance. (Ord. No. 896, § 2; Ord. No. 2056, § B.)

* For state law as to authority of cities to impose dog licenses, see Gov. C.A., § 38792.

5.28 Issuance of license tag.

The director of finance, after payment of the license fee specified in Section 5.34 of this code, and after receiving the certificates described in Section 5.41 of this code, and not before, shall issue a license tag in form as approved by him. (Ord. No. 896, § 3; Ord. No. 1179, § 1.)

5.29 Duration of license.

Any license tag issued under this article shall be valid up until the current vaccination expires, as described in Section 5.41, but no longer than thirty-six months. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1823, § 1; Ord. No. 2056, § B.)

5.30 Date license fees due.

All license fees are due and payable within fifteen days from the date the dog attains the age of four months or is first brought within the city, as described in Section 5.25 and Section 5.27, and become delinquent after thirty days as described in Section 5.34. All license renewal fees are due and payable on expiration of the license and become delinquent thirty days after expiration of license. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1823, § 2; Ord. No. 2056, § B.)

5.31 Affixing and wearing tag.

The license tag shall be affixed to a collar or harness and worn at all times by the dog. (Ord. No. 896, § 3; Ord. No. 1179, § 1.)

5.32 Repealed by Ordinance No. 1338.

5.33 Repealed by Ordinance No. 1338.

5.34 Amount of license fees.

The basic license fee shall be for a period of thirty-six months or less, and expire when the current vaccination expires, see Section 5.41. The fee shall be as follows:

(a) Except as set forth in subsection (b) of this section, all dogs license fees shall be established by the South Pasadena annual fee resolution prorated for the term of the license.

(b) Spayed female or neutered male dog, the fee shall be established by the South Pasadena annual fee resolution prorated for the term of the license. The applicant shall exhibit to the license collector, at the time of making application for a dog license, a spay or neutering certificate signed by a veterinarian licensed as such by the state or by any other state or nation to practice veterinary medicine, certifying that the dog to be licensed has been spayed or neutered.

(c) If application for a license is made more than thirty days after the dog reaches four months of age or older, or more than thirty days after a new resident has moved into the city, having a dog four months of age or older, at the time of moving, or failure to renew license within thirty days of license expiration, a penalty fee shall be added to the annual license fee set forth in Section 5.34 (a) and (b). Such penalty fee shall be established by the South Pasadena annual fee resolution for each thirty-day period in which there is a delinquency in the application or payment of license fees as set forth in this article: provided, that in no event, shall the amount of such penalty fee exceed six times this amount for any twelve-month period.

(d) Replacement of lost or stolen license tags shall be established by the South Pasadena annual fee resolution.

(e) Notwithstanding any other provision of this section, the license fee otherwise required pursuant to subsections (a) or (b) of this section shall be reduced by a percentage amount established by the South Pasadena annual fee resolution for the licensing of any dog which is owned by any person at least sixty-five years of age where proof of such ownership and age are submitted to the city license collector at the time of payment. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1338, § 3; Ord. No. 1534, § 1; Ord. No. 1650, § 1; Ord. No. 1654, § 1; Ord. No. 1752, § 1; Ord. No. 2056, § B.)

5.35 Repealed by Ordinance No. 2056.

5.36 Service dogs exempt from fee provisions.

No person shall be required to pay a license fee for any service dog as defined under the Americans with Disabilities Act; however, the exempt license and identification tag must first be obtained from the license collector. (Ord. No. 1005, § 1; Ord. No. 1338, § 5; Ord. No. 2306, § 2, 2016.)

5.37 Dogs discharged from armed forces exempt from fee provisions.

No license fee shall be required to be paid during the lifetime of any dog which has been honorably discharged or released from service in the armed forces of the United States. The owner, or other person having charge, care or control of any such dog, shall present to the director of finance satisfactory proof of the honorable discharge or release from service of any such dog, and shall be issued, without charge, a license certificate which shall be in force and effect during the lifetime of any such dog. An identification tag for any such dog shall also be issued by the city treasurer. A transfer of any such license certificate for any such dog shall be made without charge, upon the submission of satisfactory proof of a change in ownership. The exemption from license fees as herein provided shall not be construed as exempting the owner, or other person having charge, care or control of any such dog, from any other requirement of this article. (Ord. No. 1005, § 1.)

5.38 Disposition of fees collected.

All moneys received by the director of finance as license fees under this article shall be deposited in the general fund of the city. (Ord. No. 896, § 19; Ord. No. 1983, § 19.)

5.39 Licensing provisions not applicable to transients or dogs brought to city for exhibitions.

The licensing provisions of this article shall not apply to dogs owned by or in charge of persons traveling through the city or temporarily sojourning therein for a period of thirty days or less, nor to dogs brought to the city for the purpose of exhibiting them in the city in a dog or animal show. (Ord. No. 896, § 16.)

5.40 Repealed by Ordinance No. 1338.

5.41 Certificate of vaccination.*

The applicant shall deliver to the license collector, at the time of making application for a dog license, a certificate of vaccination issued by a veterinarian licensed as such by the state or by any other state or nation to practice veterinary medicine, certifying that the dog to be licensed has been vaccinated with canine rabies vaccination, either chick embryo vaccine or tissue phenolized vaccine. If chick embryo vaccine was used, the vaccination must have been made within eighteen months prior to the date of application. If tissue phenolized vaccine was used, the vaccination must have been made within six months prior to the date of application. The delivery of such certificate to the license collector shall be a prerequisite to the issuance of a license. (Ord. No. 896, § 3; Ord. No. 1179, § 1; Ord. No. 1 181, § 1; Ord. No. 1338, § 7; Ord. No. 1504, § 1.)

* For state law as to rabies control, see Health and Saf. Code § 121575 et seq. As to rabid dogs see §§ 5.54 to 5.62 of this Code.

5.42 Dogs defecating on property.

No person owning or having custody or control of any dog shall knowingly or through failure to exercise due care or control permit such dog to defecate and allow such excrement to thereafter remain in excess of five minutes in any public park, upon the sidewalk or parkway of any street, or upon any private property without the consent of the owner or occupant thereof. (Ord. No. 1993, § 1.)

5.43 Sanitary requirements.

It is declared to be a nuisance and it is unlawful for any person to keep or suffer or permit to be kept at or upon any residential premises owned, controlled or occupied by such person in the city any dog or any other place where animals or pets are kept in a foul, offensive, noxious or filthy condition, nor shall any dog run be placed within thirty-five feet of an adjoining dwelling house. A dog run shall be defined as any portion of a residential yard which is fenced off or enclosed for the purpose of keeping a dog or other animals therein. (Ord. No. 1993, § 1 (part.)

5.43A Penalty for violation of Sections 5.42 and 5.43.

A violation of any provision of Sections 5.42 and 5.43 shall be deemed an infraction punishable by a fine not to exceed fifty dollars per occurrence. (Ord. No. 1993, § 1.)

5.44 Running at large.

No person owning or having charge or control of any dog shall cause or permit the same to be or to run at large upon any street, lane, alley, court or other public place, or upon any private property other than that of the person owning or having charge or control of such dog, in the city, unless such dog is restrained by a substantial chain or leash not exceeding six feet in length and is in the care or control of a competent person. (Ord. No. 896, § 7.)

5.45 Officers to enforce article; right of entry; fees.

The poundmaster, health officer, all police officers of the city and their respective deputies or representatives are charged with the duty of enforcing the provisions of this article and shall pursue, capture and impound any dog found in violation of any of its provisions. They, and each of them, are authorized to enter upon any private property for the purpose of enforcing the provisions of this article upon proper notice of violation.

The director of finance shall charge and collect the following fees.

(a) For picking up and impounding any dog for the first time, the sum of twenty dollars, forty dollars for the second time and sixty dollars for each successive impound.

(b) For picking up and impounding any cat, the sum of ten dollars.

(c) For picking up and impounding a cow, calf, sheep, lamb, bull, steer, horse, mule, burro, pony, colt, mare, goat, hog, jack, jenny or hinny, or any other similar animal, the sum of ten dollars.

(d) For feeding and caring for impounded animals, the following sums per day which are in addition to the impounding fees:

(1) For each dog $5.00

(2) For each cat $3.00

(3) For each horse, mare, colt, mule, jack, jenny, burro, pony, hinny, calf, sheep, lamb, goat, hog, cow, bull, steer or other animal not specified herein $5.00—$25.00. (Ord. No. 890, § 8: Ord. No. 1338, § 9: Ord. No. 1578, § 1: Ord. No. 1689, § 1: Ord. No. 1739, § 1: Ord. No. 1753, § 1: Ord. No. 1924, § 1; Ord. No. 1983, § 19.)

5.46 Killing vicious dogs.

Should the poundmaster, health officer or any police officer be unable to capture a dog of vicious or dangerous habits, they are hereby authorized to then and there kill such dog. (Ord. No. 896, § 8.)

5.47 Report of biting dogs; confinement of such dogs.

Any person bitten by a dog, and any officer or employee of the city, and any other person having knowledge of any person injured through having been bitten by a dog, shall as soon as possible report such occurrence to the health officer or to the police department. It shall be the duty of every such person so bitten, or who has knowledge of such bite, to immediately take all possible steps to at once confine the dog and to report to the health officer or police department the description of the dog and the place where confined. Such dog shall be kept confined until released by the health officer. (Ord. No. 896, § 9.)

5.48 Vicious or dangerous dogs.

(a) It is unlawful for any person to keep or harbor within the city any dangerous animal. For the purposes of this section, an animal is deemed to be dangerous when it shall have attacked or bitten any person or a domestic animal without reasonable provocation. The determination may be made on a case-by-case basis by the city animal control officer.

(b) After investigation by the animal control officer, the owner of every animal which has been deemed dangerous may be ordered to confine the animal within a secure enclosure for a specified period of time or permanently remove it from the city; or the animal may be impounded by the animal control officer or the city poundmaster when confinement is determined to be unlikely to eliminate an immediate threat of injury to the public. (Ord. No. 896, § 9; Ord. No. 1957, §§ 1, 2.)

5.49 Female dogs in heat.

It is unlawful for any person having possession, charge or control of any female dog to allow the same to be on any public street, way or place in the city when such female dog is in heat. (Ord. No. 896, § 14.)

5.50 Commercial breeding dogs; more than one not to be kept within three hundred feet of dwelling of another.

It is unlawful for any person to keep or harbor upon any premises in the city more than one dog for commercial breeding purposes within three hundred feet of any dwelling other than that of the owner or person in control of such dog. (Ord. No. 896, § 15.)

5.51 Barking dogs.

It shall be unlawful for any person to keep or harbor within the city any dog which shall by loud barking disturb the peace and quiet of the neighborhood or any person therein. (Ord. No. 896, § 20.)

5.52 Holding dog of another for more than twenty-four hours.

It shall be unlawful for any person not the owner thereof and without the consent of the owner thereof, to hold or retain possession of any dog for a period longer than twenty-four hours, unless such person shall report the same with a true description thereof to the director of finance. (Ord. No. 896, § 22.)

5.53 Interference with officers.

It shall be unlawful for any person to interfere with, oppose or resist the license collector, any health officer, poundmaster or any police officer engaged in the performance of any of their official duties. (Ord. No. 896, § 13; Ord. No. 1338, § 10.)

DIVISION 2. RABID DOGS*

* As to vaccination requirements for dogs, see § 5.41 of this Code.

5.54 Notice to police or health officer; examination of dog.

Whenever any person shall observe or learn that a dog has shown symptoms of rabies or has acted in a manner which would lead a reasonable man to suspect that it might have rabies, he shall immediately notify the police department or health officer of such fact, and shall permit the police or health officer to examine such dog at any and all times. (Ord. No. 896, § 10; Ord. No. 1338, § 12.)

5.55 Quarantine of suspected dogs.

The police or health officer shall forthwith quarantine any dog suspected of rabies on the premises of the owner or order its removal to a safe place of detention selected by the health officer at the expense of the owner of the dog, until it is established to the satisfaction of the police or health officer that such dog has or has not rabies. No dog or other animal so quarantined shall immediately be killed, but shall be kept in quarantine until the police or health officer finds that further observation of the animal is not necessary for the determination of the presence or absence of rabies. (Ord. No. 896, § 10; Ord. No. 1338, § 12.)

5.56 Duty of veterinarians and kennel operators.

It shall be the duty of all veterinarians and kennel operators to hold any dog in quarantine at the place where such veterinarian or kennel operator is treating or boarding a dog indicating symptoms of rabies, until the disposition of same is ordered by the health officer. (Ord. No. 896 § 10.)

5.57 Surrender of carcass after death of rabid dog.

It shall be the duty of any person, veterinarian or kennel operator to surrender the carcass of any dog suspected of rabies, or such portion of the carcass as may be demanded, to the health officer after the death of such dog. (Ord. No. 896, § 10.)

5.58 Animals bitten by rabid dogs.

Whenever any animal shall be bitten by a known rabid animal or has been in intimate contact therewith, no owner or person having the custody or possession of the animal so bitten, upon being informed thereof, shall fail, refuse or neglect to either forthwith kill such animal or quarantine it, as provided in section 5.55 hereof, for a period of six months. Any police or health officer is hereby given the authority, in his discretion, to kill or quarantine the animal so bitten in case the owner or person having custody or possession thereof shall fail to do so immediately, or in case the owner or person having the custody or possession thereof is not readily available. (Ord. No. 896, § 10; Ord. No. 1338, § 13.)

5.59 Bringing dog into city from place where rabies is present.

No person shall knowingly bring any dog into the city from any place where the disease of rabies is present or shall have been known to be present within six months prior thereto, without the permission of the health officer. (Ord. No. 896, § 10.)

5.60 Quarantine in case of epidemic—Generally.

Whenever the health officer finds that the disease of rabies is prevalent in the city or any territory adjacent thereto, he is hereby authorized and empowered, subject to the approval of the city council, to establish by order quarantine areas against such rabies, which quarantine areas may comprise the entire area of the city or such portion thereof as the health officer may designate. Such order shall be filed with the city clerk who shall present the same to the city council at its next regular or special meeting held thereafter. (Ord. No. 896, § 11.)

5.61 Same—Dogs to be confined.

When and after such quarantine areas are established and for such period as the health officer may designate, it shall be unlawful within the city or any quarantine area designated by the health officer, for any person owning or harboring a dog to allow or permit such dog to be upon any public street, way or place or upon any private property other than that of the person owning or harboring the dog. (Ord. No. 896, § 12.)

5.62 Humane officers’ authority, citation and arrest.

Any employee who is a qualified humane officer or animal control officer under the laws of the state, may issue notices to appear in court as prescribed by state law for any violations of state and local animal control laws occurring within the city, including but not limited to violations of Chapter 5; provided, such employees shall not be authorized to take any person into custody even though the person to whom the notice is delivered does not give his written promise to appear in court. This section shall in no way limit the power of police officers of the city to issue citations and make arrests. (Ord. No. 1784, § 1.)

CHAPTER 5ANIMALS AND FOWL*