Chapter 6.04 ANIMAL AND FOWL REGULATION

B. “At large” means any animal off the premises of its owner and not under restraint by leash or chain or not otherwise controlled by a competent person.

C. “Cat” means any cat of either sex or any age.

D. “Dog” means female as well as male dogs.

E. “Dog licenses” means the license required to be annually issued for each individual dog.

F. “Herded” means any animal herded in violation of Section 423 of the Agricultural Code.

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

H. “Kennel” means any building, enclosure or premises used in the commercial business of breeding, buying, selling or boarding dogs and cats.

I. “Licensed dog” means any dog for which the license for the current year has been paid and to which the tag provided for in this chapter is properly attached.

J. “Miniature pot-bellied pigs” (also known as Vietnamese, Chinese, or Asian pot-belled pigs) means domesticated, pet pigs not exceeding twenty-two inches in height at the shoulders and one hundred pounds in weight.

K. “Owner” means any person owning, having an interest in or having control, custody or possession of any animal.

L. “Surrendered animal” means any animal delivered by the owner thereof to the animal control shelter or an animal control officer and for which the owner fills out the prescribed surrender forms.

M. “Unlicensed dog” means any dog for which the license for the current year has not been paid or to which the tag required by this chapter is not attached. (Ord. 1462 §§1, 2, 1992; Ord. 1286 §1(6.1), 1986).

6.04.020 Purpose.

A. This title is enacted by the city for the purpose of securing a system of uniform regulation and control of dogs and other animals within the city.

B. The city at the time of adopting this title has approved and executed a joint powers agreement with the cities of Fairfield and Suisun to provide for the regulation and control of dogs and other animals within the city limits of the respective cities. This joint powers authority is titled the “Solano animal control authority.”

C. The Solano animal control authority has contracted with Humane Animal Services, a legal subsidiary of the Society for the Prevention of Cruelty to Animals of Solano to provide animal control and pick up services within the city limits of the respective cities.

D. It is intended that this title will be enacted in all of the member cities of the Solano animal control authority to allow a uniform policy of patrol and enforcement to the humane animal service contractor. (Ord. 1286 §1(6.2), 1986).

6.04.030 Authorization to appoint humane officers.

The city authorizes the Solano animal control authority to appoint humane officers pursuant to the provisions of Sections 6078 and 6079 of the California Civil Code. Such officers after compliance with the provision of Section 832 California Penal Code are designated as animal control officers and shall have the powers and authority as set forth in Sections 830.9 et seq. of such code which shall include the power and duty to make arrests or issue citations for violations of any of the provisions contained herein. (Ord. 1286 §1(6.3), 1986).

6.04.040 Animals prohibited on less than one-acre lots.

Except as otherwise provided in this code, no person shall keep, corral or harbor any cow, horse, ox, mule, donkey, sheep, goat, hog, rooster, duck, turkey, goose, dove, pigeon, peacock, guinea fowl, domestic livestock or other cloven-hoofed animal in the City on any single parcel of property less than one acre in size. (Ord. 1462 §3, 1992: Ord. 1286 §1(6.4), 1986).

(Ord. 1887, Amended, 08/11/2015; Ord. 1853, Amended, 03/26/2013)

6.04.050 Wild species – Cattle – Horses – Requirements.

No person owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, hog or any animal commonly referred to as a “wild species” shall:

A. Permit such animal to run at large in the city;

B. Cause or permit any such animal to be pastured, herded, staked or tied in any street, road, lane, alley, park or other public place;

C. Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the city 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;

D. Permit any such animals to be or remain during the night time 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 such animal or by securely fastening such animal by means of a rope or chain of sufficient strength to restrain to some permanent object of sufficient size, strength and weight to effectively restrain such animal;

E. Fail to provide the necessary sustenance, drink, shelter or protection from the weather or otherwise. (Ord. 1286 §1(6.5), 1986).

6.04.060 Estray animals.

Notwithstanding any provisions of this chapter to the contrary, the Agricultural Code of the state, Division 3, Chapter 3, Chapter 5, shall be complied with in reference to estray bovine animals, horses, mules or burros. (Ord. 1286 §1(6.6), 1986).

6.04.070 Dogs – Running at large – In parks, schools and business district – Impoundment.

The owner or person having charge, care, custody, or control of any dog shall not suffer or permit such dog, under any circumstances, to run at large in any public park, public square, in any school, upon any school grounds or in any commercial district, as defined by this title or other ordinance. Any dog found running at large in violation of the provisions of this section may be immediately seized and impounded.

(Ord. 1947, Amended, 12/10/2019; Ord. 1286, Repealed and Replaced, 1986).

6.04.080 Dogs – Running at large prohibited – Exceptions.

Subject to compliance with any other federal, state, or local laws, rules, regulations, or ordinances governing such conduct, persons owning or having charge, care, custody, or control of any dog may cause, permit or allow the same to be or to walk or run upon any highway, street, lane, alley, court, or other public place, or to run in a designated off-leash area, where not specifically prohibited in the incorporated area of the City, if such dog is:

A. Restrained by a substantial chain or leash not exceeding six feet in length and is in the charge, care, custody, and physical control of a person capable of restraining such dog; or

B. Within the confines of a designated off-leash area; and

1. Is an anestrus female (female not in heat) or a neutered male; and

2. Is four months of age or older, has been vaccinated for rabies, leptospirosis, and DHPPC (distemper, hepatitis, parainfluenza, parvovirus, coronavirus); and

3. The person having charge, care, custody, or control of the dog:

a. Is capable of restraining such dog; and

b. Maintains verbal control of the dog at all times; and

c. Remains in the off-leash area with the dog at all times the dog is in the off-leash area; and

d. Removes the dog from the off-leash area at the outset of the dog exhibiting any sign of aggression; and

e. Complies with all rules or regulations for the use of such designated off-leash area and all other applicable provisions of this chapter.

The animal control officer shall have the authority to enforce compliance with all rules or regulations for the use of such designated off-leash area and all other applicable provisions of this chapter.

(Ord. 1947, Amended, 12/10/2019; Ord. 1333, Amended, 1987: Ord. 1286, Repealed and Replaced, 1986).

6.04.081 Dogs – Excreta.

It is unlawful for any owner, keeper or caretaker of any dog to permit such animal to discharge his or her solid excreta on any public or private property (other than the property of such owner, keeper or care-taker) within the city, if such owner, keeper or caretaker does not immediately thereafter remove and clean up such animal excreta from the property. (Ord. 1535 §1, 1995; Ord. 1333 §1(part),1987).

6.04.090 Dogs – Running at large permitted on private property – Conditions.

The provisions of this chapter do not prohibit permitting or allowing dogs to run at large on the premises of the owner or person having charge, care, custody or control of such dogs when the property is a ranch or similar undeveloped property, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulative season, to run at large on any ranch or similar undeveloped property with the permission of the owner of such ranch or similar undeveloped property; provided such dog is under reasonable control of a competent person. (Ord. 1286 §1(6.9), 1986).

6.04.110 Habitual howling, barking – Nuisance declared.

The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area is prohibited and is declared to be a public nuisance. Such nuisance shall be abated in accordance with the procedure set forth in Chapter 6.20 of this code. (Ord. 1286 §1(6.11), 1986).

6.04.120 Damage or destruction of private property – Nuisance.

No person shall suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value. Such trespassing is declared to be a nuisance and any such animal may be impounded by the poundmaster. (Ord. 1286 §1(6.12), 1986).

6.04.130 Notice to owner to abate nuisance.

Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood, or by any animal control officer, that any animal is a habitual nuisance by reason of trespassing, howling, barking or other noise, damage to property, being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated. (Ord. 1286 §1(6.13),1986).

6.04.140 Rabbits and fowl – Running at large – Nuisance declared.

It is declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits owned or controlled by him to run or fly at large or go upon the premises of any other person in the city. (Ord. 1286 §1 (6.14), 1986).

6.04.150 Rabbits and fowl – Sale for pets or novelties – Prohibited when.

No person shall display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes. (Ord. 1286 §1(6.15), 1986).

6.04.160 Biting animal – Quarantine required.

Whenever it is shown that any dog or other animal has bitten any person, no owner or person having custody or possession thereof, upon order of the health officer, shall fail, refuse or neglect to allow the health officers or his deputies to make an inspection or examination thereof at any time during such period. No such dog or animal shall be removed without written permission of the health officer or his deputies. Ord. 1286 §1 (6.16), 1986).

6.04.170 Biting animal – Reports.

Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge, care, control, custody or possession of such dog shall report such fact forthwith to the health officers or his deputies. The report shall state the name and address of the person bitten and the time and place such Person was bitten. (Ord. 1286 §1(6.17), 1986).

6.04.180 Exhibition of license – Required.

No person shall fail or refuse to exhibit the registration of any animal required by this chapter to be licensed when required to do so by the poundmaster. (Ord. 1286 §1(6.18), 1986).

6.04.190 Animal control officer – Authority – Interference with prohibited.

A. The animal control officers hired to patrol this city are given the power and authority, and it is their duty to go upon unenclosed lots and or lands for the purpose of taking up and impounding any animal found running at large thereon or staked, herded or grazed thereon contrary to any provision contained in this title.

B. Notwithstanding any other provision of law or any local ordinance, an officer or employee of any animal control agency shall not seize or impound a dog for violation of an ordinance requiring a dog to be leashed or issue citations for violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.

C. A dog that has strayed from but then returned to the private property of his owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the officer or employee of any animal control agency shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog, if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.

D. This section shall not otherwise affect existing authority to seize or impound a dog or issue citations, as a result of a dog being on property other than that owned by its owner or the person who has a right to control the dog.

E. No person shall interfere with the animal control officers in the performance of their official duties. (Ord. 1286 §1(6.19), 1986).

6.04.200 Removal of dead animals.

All dead animals located on public property shall be handled and removed by the animal control officer. (Ord. 1286 §1(6.20), 1986).

6.04.210 Cleanliness of premises where animals kept.

Every person owning or occupying premises where any animal, fowl, or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which such animal is kept in a clean and sanitary condition and free of bodily waste odor. The keeping or harboring of any animal, fowl or bird, which by its bodily waste odor causes annoyance or discomfort to a reasonable person of normal sensitivity in the area is prohibited and is declared to be a public nuisance. Such nuisance shall be abated in accordance with the procedure set forth in Chapter 6.20 of this code. (Ord. 1535 §4, 1995: Ord. 1286 §1(6.21), 1986).

6.04.220 Permitted number of dogs, cats, and rabbits in certain districts – Violation – Penalty.

A. It is unlawful for anyone to keep, maintain, board or harbor more than three dogs or three cats over four months old on any lot or premises in residential districts in the City designated in the zoning ordinance (Title 14).

B. It is unlawful for anyone to keep, maintain, board or harbor more than six adult rabbits on any lot or premises in residential districts in the City designated in the zoning ordinance except as otherwise permitted in the zoning ordinance (Title 14). An adult rabbit is one that has reached the age of sexual maturity.

(Ord. 1887, Amended, 08/11/2015; Ord. 1769, Amended, 9/12/2006; Ord. 1286 §1(6.22), 1986).

6.04.230 Miniature pot-bellied pigs.

Miniature potbellied pigs are permitted inside the city limits subject to the following conditions:

A. No person shall keep or maintain more than one miniature pot-bellied pig within or upon any parcel of land or dwelling unit within the city limits;

B. No person shall keep or maintain a miniature potbellied pig within or upon any parcel of land or dwelling unit without the permission of the owner of such land or dwelling unit;

C. No person shall keep or maintain any miniature pot-bellied pig over four months of age that is not currently inoculated against rabies and leptospirosis;

D. No person shall keep or maintain any male miniature pot-bellied pig that has not been neutered or any female miniature pot-bellied pig that has not been spayed;

E. No person owning or having charge, care, custody, or control of any miniature pot-bellied pig shall cause, permit, or allow the same to be upon any public place or private property, other than the property of the person having charge, care, custody, or control of such pig unless:

1. Such pig is restrained by a substantial leash or chain not exceeding six feet in length and is in the charge, care, custody, or physical control of a person; or,

2. Such pig is within an enclosed motor vehicle;

F. It is unlawful for any person owning or having charge, care, custody, or control of any miniature potbellied pig to permit such pig to deposit pig feces on any public or private property, other than the property of the person having charge, care, custody, or control of such pig, if such person does not immediately thereafter remove and clean up such pig feces from the property. (Ord. 1462 §4, 1992).

6.04.240 Keeping of Animals and Fowl.

A violation of this chapter is a misdemeanor or an infraction punishable pursuant to Section 19.8 of the Penal Code, as such section may be amended or renumbered from time to time. (Ord. 1769, Added, 9/12/2006).