Chapter 6-1 ANIMALS*

* Chapter 1 consisting of Article 1, “Poundmaster,” Sections 6-1.101 through 6-1.119, codified from Ordinance No. 429 N.C.S., as amended by Ordinance No. 261 C-M, effective September 9, 1971, and Article 2, “Vaccination and Licensing of Dogs,” Sections 6-1.201 through 6-1.213, codified from Ordinance No. 598 N.C.S., as amended by Ordinance No. 34 C-M, repealed by Section 1, Ordinance No. 442 C-M, effective September 21, 1978.

Articles 1 through 8 of Chapter 1 of Title 6, consisting of Sections 6-1.101 through 6-1.805, codified from Ordinance Nos. 442 C-M and 770-88 C-M, repealed and replaced in their entirety by Ordinance Nos 886-92 C-M, effective April 9, 1992 and 895-92 C-M, effective June 25, 1992.

Article 1. Definitions

6-1.101 Scope.

For the purposes of this chapter, unless otherwise apparent from the content, certain words and phrases used in this chapter are defined as set forth in this article.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.102 Animal.

“Animal” shall mean any animal, poultry, bird, reptile, fish, or any other vertebrate creature domestic or wild.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.103 Animal shelter.

“Animal shelter” shall mean the animal services and placement center.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.104 At large.

“At large” shall mean the presence of any animal off the premises of its owner and not under restraint by leash or not under confinement in the immediate presence and control of its owner or other person responsible for the possession of the animal.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.105 Cat.

“Cat” shall mean any cat of either sex over the age of six (6) months.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.106 Dangerous animal.

“Dangerous animal” shall mean any dog or other animal which demonstrates a propensity to assault, bite, scratch, or harass people or other animals without provocation. Any animal that bites a person shall be presumed to be dangerous.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.107 Director of Animal Control.

“Director of Animal Control” shall mean the executive director of the Santa Cruz County Animal Services Authority while the City is a member. Otherwise, it shall mean any employee of the City or the head of any contracting agency having the custody and control of animal services and the animal shelter and of animals therein. Any reference to Director of Animal Control shall also include the Director of Animal Control’s duly authorized deputies or designees.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.108 Dog.

“Dog” shall mean any dog of either sex over the age of four (4) months. “Dog” does not include wolf, wolf hybrid, or coyote hybrid.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.109 Impounded.

“Impounded” shall mean having been received into the custody of the animal services and placement center (animal shelter), or any authorized agent or representative thereof, or any police officer of the City.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.110 Leash.

“Leash” shall mean a line, cable, chain, cord, or rope, not more than six (6') feet in length, capable of being fastened to the collar or harness of a dog or animal for the purposes of restraint and control.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.111 Owner.

“Owner” shall mean any person who intentionally and continually provides care or sustenance for any animal, has title to or an interest in, harbors or has control of any animal, including, but not limited to, a dog or cat.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1363-18 (CM), eff. March 15, 2018)

6-1.112 Pet shop.

“Pet shop” shall mean any store, or department of any store, or any place of business where dogs, cats, monkeys, birds, reptiles, or any other animals are kept for sale, for hire, or sold.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.113 Potentially dangerous dog.

“Potentially dangerous dog” shall mean:

(a) Any dog which qualifies as a potentially dangerous dog in accordance with California Food and Agriculture Code Section 31602; or

(b) Any dog which while off its owner’s or custodian’s property and not controlled by leash or lead in the hands of an adult capable to restrain the animal attacks and inflicts injury to any domestic animal while such animal is on its owner’s property, custodian’s property, or controlled by leash or lead in the hands of an adult capable to restrain the animal in compliance with this chapter.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.114 Public nuisance.

“Public nuisance” shall mean the act or conduct of any animal or animals which:

(a) Molest, harass, or accost a passerby or passing vehicles; or

(b) Attack or kill other animals; or

(c) Defecate in or on public places, public property, or unenclosed private property of persons other than the owners; or

(d) Trespass on school grounds, public parks, or public property; or

(e) Are repeatedly at large; or

(f) Damage public or private property; or

(g) Bark, whine, or howl in an excessive, continuous, prolonged, habitual, or untimely manner.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009. Formerly 6-1.113)

6-1.115 Unlicensed dog.

“Unlicensed dog” shall mean any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009. Formerly 6-1.114)

6-1.116 Vicious dog.

“Vicious dog” shall mean:

(a) Any dog which qualifies as a vicious dog in accordance with California Food and Agricultural Code Section 31603; or

(b) Any dog which while off its owner’s or custodian’s property and not controlled by leash or lead in the hands of an adult capable of restraining the animal attacks any domestic animal and causes injuries which result in:

(1) The recommendation of a veterinarian that the animal be euthanized; or

(2) Death of any domestic animal while such animal is on its owner’s property, custodian’s property, or controlled by leash or lead in the hands of an adult capable to restrain the animal in compliance with this chapter.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.117 Wild animal.

“Wild animal” shall mean any exotic, venomous, nondomestic, or untrained animal which, because of its size, natural disposition, or other characteristic, constitutes a hazard or menace to persons or animals or is likely to cause personal injury or damage property.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009. Formerly 6-1.115)

Article 2. Administration and Enforcement

6-1.201 Animal shelter established.

An animal shelter, which shall be located at a place to be designated from time to time by the City Manager, is hereby authorized and established.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.202 Badge of Director of Animal Control: Interference with Director of Animal Control.

(a) The Director of Animal Control or designee appointed by the City Manager shall possess, while engaged in the discharge of their duties, badges plainly designating their office, except that when any police officer acts as a Director of Animal Control, their badge as police officer shall be sufficient.

(b) It shall be unlawful for any person to resist or interfere with a Director of Animal Control or his designee in the discharge of their official duties.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.203 Enforcement.

Upon the issuance of a Director of Animal Control badge, the recipient thereof shall be duly sworn in as a public officer or employee of the City, as authorized by the Penal Code of the State, and is hereby charged with the duty of enforcing this chapter and all laws of the City and the laws of the State relating to the care, treatment, or impounding of animals or for the prevention of cruelty thereto. All Animal Control Officers shall not, for the purposes of this chapter, be deemed peace officers, but may exercise those powers specified in Penal Code Section 830.9 if those officers successfully complete a course in the exercise of those powers pursuant to Penal Code Section 832 and if authorized by the Chief of Police.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.204 Authority to enter premises.

For the purpose of discharging the duties imposed by Section 6-1.203 of this article, the Director of Animal Control and the police officers of the City are authorized and directed to enter upon and inspect any premises upon which any animal is kept or harbored and to demand the person owning or having the charge or control of the animal to exhibit such animal and its license tag or permit if a license or permit is required by this chapter. This authority shall be subject to compliance with the laws protecting property and individual rights.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.205 Impoundment duties.

It shall be the duty of the Director of Animal Control and of the police officers of the City, when the Director of Animal Controls are not on duty, to take up and immediately deliver to the animal shelter those animals which are directed to be taken up and impounded by this chapter or which are found or kept contrary to the provisions of this chapter.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.206 Certificate of antirabies vaccination.

Any veterinarian who vaccinates or causes or directs to be vaccinated in the City of Watsonville any dog with the antirabies vaccine shall:

(a) Use a certificate approved by the Santa Cruz County Animal Services Authority to certify that such animal has been vaccinated; and

(b) Send a copy of the completed certificate to the Santa Cruz County Animal Services Authority within thirty (30) days from the date the dog is vaccinated; and

(c) If the dog that is vaccinated for rabies by a veterinarian located outside the City of Watsonville, the owner/guardian or person with a right to control the dog must submit a copy of the vaccination certificate to the Santa Cruz County Animal Services Authority within thirty (30) days from the date that a dog is vaccinated or brought into the City, whichever date is later in time.

(§ 1, Ord. 1280-11 (CM), eff. October 27, 2011)

Article 3. Impoundment

6-1.301 Disposition of impounded animals.

(a) The Director of Animal Control shall hold any stray animal impounded under the provisions of this chapter for a period of not less than three (3) working days.

(b) If by a license tag or other means the owner of an impounded animal can be identified, the Director of Animal Control shall immediately, upon impoundment, notify the owner by telephone, mail, or red tag.

(c) Any animal not reclaimed by its owner within three (3) working days (includes Saturday) shall become the property of the City and shall either be placed for adoption or be humanely destroyed at the discretion of the Director of Animal Control.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.302 Animal shelter fees.

The City shall be entitled to charge and receive from the owner fees and charges for services and costs described in this chapter as set by resolution of the Council.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1256-10 (CM), eff. May 27, 2010)

6-1.303 Hearing regarding lawfulness of impoundment.

(a) Whenever an owner objects to payment of impound charges on the grounds that the impoundment of his/her animal was not lawfully accomplished as provided in this chapter, the owner shall be notified that he or she has a right to an administrative hearing before the Director of Animal Control personally (or before some other impartial officer or official designated by the Director of Animal Control for this purpose) on the sole issue of the lawfulness of the seizure of the animal. Said hearing shall be held no later than twelve (business) hours after a request is made by the owner. The owner shall pay any and all care and feeding and other lawful charges prior to any impoundment hearing.

(b) The hearing shall be informal and the owner, the impounding officer and any other person with personal knowledge of any fact relevant to the issue of the lawfulness of the seizure of the animal may appear and testify.

(c) If no hearing is requested within forty-eight (48) hours after notification of a right to hearing or if a hearing is held and the hearing officer determines that the animal was lawfully impounded, the owner shall pay all impound charges required by law before the animal is released from the pound. If the owner refuses to make such payment, the Director of Animal Control shall dispose of the animal as provided in Section 6-1.301(c) of this chapter. If after hearing, the Director of Animal Control Determines that the animal was not lawfully impounded, the animal shall be returned to its owner and no impound charges of any kind shall be imposed.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.304 Reclaiming animals.

Any animal may be reclaimed by the owner at the animal shelter before any disposition thereof by paying all fees and charges that have been incurred or have accrued up to the time of reclamation.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.305 Records of impounded animals.

The Director of Animal Control shall keep a record of each animal impounded, the date and manner of its disposal, and, if redeemed, reclaimed, or adopted, the name of the person by whom redeemed, reclaimed, or adopted, the address of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming, or adopting thereof, together with the number of any tag and the date of any license exhibited or issued upon the redemption or adoption of any such animal.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

Article 4. Dogs and Cats

6-1.401 Licenses and tags.

It shall be unlawful for any person to keep, or cause to be kept, any dog that is over the age of four (4) months within the City for more than thirty (30) days, unless the dog is licensed as provided in this chapter and has around its neck a collar to which is attached plate or tag as provided by this chapter.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.402 Licenses: Term: One year, corresponding to date of vaccination.

All dog licenses will be valid for one year provided that a rabies certificate is provided which is good for at least one year. If not, the license fee and valid date will be prorated for the period of the rabies certificate.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.403 Licenses: Applications: Term: Form: Transferability.

(a) Applications for dog licenses shall be made to the issuing authority or designated representative on the form provided by such officer and shall be accompanied by a certificate of anti-rabies vaccination for the dog to be licensed.

(b) All dog licenses issued under this chapter shall be numbered and shall be in such form as provided by the issuing authority.

(c) Upon the approval of the application, the payment of the applicable license fee and the payment of any applicable late fee, the issuing authority or designated representative shall issue the dog license in the name of the owner of the dog to be licensed. Such license shall not be transferable to another owner and shall not be valid for another dog.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.404 License fees: Late fees.

The fee and late fee for a dog license issued under this chapter shall be set by resolution of the Council.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.405 Tag specifications: Records.

A plate or tag with an identification number inscribed thereon shall be furnished to the owner of the dog to be licensed with each initial dog license. Such identification number shall not be transferable to another dog. The issuing authority shall keep a record of identification numbers, licenses issued, a general description of each dog for which an identification number and license are issued, and the name and address of the owner of each dog for which an identification number and license are issued.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.406 Tag specifications: Failure to comply: Impoundment.

Every dog not wearing a collar to which is attached a valid plate or tag required under this article, found or being within the City, shall be taken by the Director of Animal Control or the police and impounded in the animal shelter, where such dog may be reclaimed by the owner as provided in Section 6-1.303 of Article 3 of this chapter. If not reclaimed, such dog shall be adopted or destroyed by the Director of Animal Control as provided in Section 6-1.301 of this chapter.

Under this Section 6-1.406, any dog which has been within the City for thirty (30) days or less and which is held under a leash not more than six (6') feet in length by an able-bodied person or confined within a vehicle shall not be taken by the Director of Animal Control or the police and impounded in the animal shelter.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.407 Duplicate tags.

Whenever any plate or tag as provided for in this article is lost or stolen, the issuing authority may issue a duplicate upon an application therefor and upon the payment of the applicable fee and the filing of an affidavit by the owner of such dog to the effect that such tag or plate was lost or stolen.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.408 License fees: Exemptions.

Upon the request of the owner, the provisions of this article requiring the payment of a license fee shall not apply to any dog that has been trained and is being used or will be used as a guide dog for the blind or a K-9 dog for law enforcement. However, all dogs shall require a license.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.409 Vaccination requirements and exemptions.

Every owner of any dog, other than a dog hybrid, over the age of three (3) months or older, within the limits of the City shall, at intervals specified by the California State Department of Public Health, procure the vaccination of the dog by a licensed veterinarian with an approved canine antirabies vaccine and administered according to the vaccine label, unless a licensed veterinarian determines, on an annual basis, that a rabies vaccination would endanger the dog’s life due to disease or other considerations that the veterinarian can verify and document. Every owner of a dog hybrid over the age of three (3) months within the City is required to provide proof of annual rabies vaccination with an inactivated canine rabies product.

(a) A request for an exemption from the requirements of this section shall be submitted on an approved form developed by the California State Department of Public Health and shall include a signed statement by the veterinarian explaining the inadvisability of the vaccination and a signed statement by the dog owner affirming that the owner understands the consequences and accepts all liability associated with owning a dog that has not received the canine antirabies vaccine. The request shall be submitted to the Santa Cruz County Health Officer, who may issue an exemption from the canine antirabies vaccine.

(b) The Santa Cruz County Health Officer shall report exemptions issued pursuant to this section to the California State Department of Public Health.

(d) A dog that is exempt from the vaccination requirements of this section shall, at the discretion of the Santa Cruz County Health Officer or the Officer’s designee, be confined to the premises of the owner, keeper, or harborer, and when off the premises, shall be on a leash the length of which shall not exceed six (6) feet and shall be under the direct physical control of an adult. A dog that is exempt from the provisions of this section shall not have contact with a dog or cat that is not currently vaccinated against rabies.

(§ 1, Ord. 1363-18 (CM), eff. March 15, 2018)

6-1.410 Care and control of female dogs.

It shall be unlawful for an owner to allow any female dog in season to be upon any street or public place, except upon a leash and under the control of its owner or any other person and solely and exclusively for the purpose of taking the dog from one place to another for treatment or care, nor shall any female dog when in season be allowed on any private property within the City without the consent of the owner thereof.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.411 Quarantine of dogs and cats.

(a) Whenever there is cause to believe that any dog or cat has bitten a person, or whenever ordered by the director of animal control, the owner of that animal shall quarantine the animal for a period of ten (10) days.

(b) Unless the biting animal’s owner has proof of a current rabies shot, and the enforcement officer determines that the owner has the proper facilities in which to confine the animal adequately, biting dogs and cats shall be immediately quarantined at the owner’s expense at the animal shelter, a veterinary facility or a boarding kennel. If a vaccination is determined to be necessary, the animal shall be vaccinated at the owner’s expense.

(c) If the owner of such animal fails to quarantine such animal and keep it confined for the period required, the director of animal control shall impound such animal for the required period and charge the owner for the impounding and keeping of such animal.

(§ 1, Ord. 1182-05 C-M, eff. February 10, 2005)

6-1.412 Number of dogs and female dogs allowed.

(a) No more than three (3) dogs may be kept or maintained at any street address within the City, unless the person, family, or group of persons keeping or maintaining such dogs is operating a bona fide animal clinic or hospital or a duly licensed pet shop, dog kennel, circus, carnival, traveling show, menagerie, or dog exhibition at such street address.

(b) The possession and retention of dogs and other animals shall be further subject to the zoning provisions set forth in Chapter 28 of Title 14 of this Code.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.413 Transfer of ownership or possession: Notices.

Each owner or operator of any dog kennel, animal hospital, or pet shop, and any person engaged in the business of breeding dogs or as a veterinarian who sells, gives away, or in any manner causes the ownership or permanent possession of any dog, whether over four (4) months of age or not, to be transferred to any person, shall notify the Director of Animal Control in writing of that fact within five (5) days after the date of such sale or transfer. Such notice shall state the kind of dog, the name of the dog, if any, and the name and address of the person to whom the dog has been sold or transferred.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.414 Leash required.

It shall be unlawful for any person owning or harboring or having the charge, care, control, or possession of any dog to allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place, or any unenclosed lot or land, except when held under restraint by leash.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.415 Trespassing.

It shall be unlawful to suffer or permit any dog to trespass on private or public property, and such action is declared to be a nuisance. Any dog committing such an act shall be impounded by the Director of Animal Control. Whenever it is affirmed in writing under penalty or perjury by one or more persons residing or regularly employed in the neighborhood that any dog is a public nuisance, the Director of Animal Control, if he finds such nuisance to exist, shall serve notice, or cause notice to be served, either in person or by registered/certified mail, return receipt requested, upon the owner that such nuisance shall be abated. The owner of such dog, upon the receipt of the notice of the Director of Animal Control as provided by this section, shall take such necessary action as may be required to eliminate the continuance of the nuisance noted by the Director of Animal Control. Any owner refusing to comply with an order for the abatement of the public nuisance as provided by this section shall be subject to the penalty provisions set forth in Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.416 Wastes.

It shall be unlawful for any owner or person having the charge, care, control, or possession to permit a dog to defecate upon any public property, street, walk, or park, or to permit a dog to defecate upon the unenclosed private property of another person. The owner or person having the charge, care, control, or possession of a dog shall be responsible for the removal of any excreta deposited by their dog.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.417 Microchip of dogs and cats.

(a) All dogs and cats over the age of four (4) months must be implanted with an identifying microchip. Nothing in this section supersedes, eliminates, or alters the licensing requirements of this chapter.

(b) Exemptions. The microchip requirements shall not apply to any of the following:

(1) A dog or cat with a high likelihood of suffering serious bodily injury if implanted with the microchip identification, due to the health conditions of the animal. The owner must obtain written confirmation of that fact from a California-licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation.

(2) A dog or cat that is kenneled or trained in the City of Watsonville, but is owned by an individual that does not reside in the City of Watsonville. The owner must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

(3) A dog that is tattooed and registered with the National Dog Registry located at 9018 E. Wilson Rd., Independence, MO 64053.

(1) An owner who offers any dog, over the age of four (4) months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner.

(2) An owner who offers any cat, over the age of (4) four months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner.

(d) When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner shall also do one of the following:

(1) Have the dog or cat implanted with a County Animal Shelter microchip by a California-licensed veterinarian technician or veterinarian or designated personnel at the expense of the owner; or

(2) Have the dog or cat implanted with a County Animal Shelter-approved microchip by a California-licensed veterinarian. The owner may arrange for another California-licensed veterinarian to perform the implant, and shall pay to the department the cost to deliver the dog or cat to the chosen veterinarian. The veterinarian shall complete and return to the County Animal Shelter within ten (10) days a statement confirming that the microchip has been implanted, and shall release the dog or cat to the owner only after the procedure is complete.

(e) Fees for Microchip Identification Device. The fee for identifying microchip devices shall be included in the cost of adoption when adopting a dog or cat from the Santa Cruz County Animal Shelter.

(f) Allocation of Fees and Fines Collected. All costs, fees and fines collected under this section shall be paid to the County of Santa Cruz Animal Shelter for the purpose of defraying the cost of the implementation and enforcement program.

(§ 1, Ord. 1363-18 (CM), eff. March 15, 2018)

Article 5. Care and Keeping of Animals

6-1.501 Animals at large.

It shall be unlawful for any owner or person having the charge, care, control, or possession of any animal, except cats, to cause, permit, or allow the animal to stray, run, or in any other manner to be at large in or upon any public street, sidewalk, park, school ground, or upon any unenclosed lot or land.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.502 Animals and unenclosed premises.

It shall be unlawful for any owner or person having the charge, care, control, or possession to stake out, herd, or graze any animal, except cats or licensed dogs, upon any unenclosed lot or land in any manner so that such animal may be or go beyond the boundary of such lot or land. No owner shall stake or tie, or leave staked or tied, within 100 feet of an inhabited residence any horse, cow, or goat in an open lot without the written consent of the occupant of such residence.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.503 Animals kept in enclosure.

All horses, cows, goats within the City authorized pursuant to Title 14 of this Code, when not in use, shall be kept inside enclosures at night.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.504 Tying animals to trees.

It shall be unlawful for any person to tie any animal to any shrub or tree growing upon or along any of the sidewalks or streets of the City.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.505 Nuisances.

It shall be unlawful for the owner or person having the charge, care, control or possession of any animal to permit, either willfully or through failure to exercise due care or control, any such animal to commit any public nuisance upon the sidewalk of any public street; or upon any walkway, path, grass, or play area of any park or school; or upon the floor of any common hall in any apartment house, hotel, or other multiple dwelling; or upon any entranceway, stairway, or wall immediately abutting on a public sidewalk; or upon the floor of any theater, shop, store, office building, or other building used in common by the public; or upon the floor or stairway of any depot or station or public waiting room; or upon any floor, stairway, entranceway, office lobby, foyer, or patio used in common by the public.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.506 Right to take possession of neglected animals.

Whenever animals are kept within any building or on any premises without food, water, or proper care and attention, it shall be the duty of the Director of Animal Control and the police of the City, pursuant to all applicable Federal, State and local laws, to enter the building or premises to take possession of and remove the animals so abandoned or neglected.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.507 Bees.

No person shall keep or maintain any hive of bees in the City, except as authorized pursuant to Chapter 28 of Title 14 of this Code and under the following conditions:

(a) No more than two (2) hives shall be maintained on any one lot or parcel of land.

(b) No hive shall be kept or maintained within twenty-five (25') feet of any dwelling and 100 feet of any property line of the lot or parcel of land upon which situated.

“Front property line,” for the purposes of subsection (b) of this section, shall mean the sidewalk boundary farthest from the street.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.508 Food poisoning.

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 poisonous substance or ingredient or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.509 Permits required to keep livestock.

It shall be unlawful for any person to keep or maintain any horse, cow, goat, or sheep within the City limits, except as permitted by Title 14 of this

Code, without first securing a permit therefor from the Health Officer.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.510 Fowl, goats, and rabbits.

It shall be unlawful for any person to keep or maintain, or cause to be kept or maintained, within the City any chickens, ducks, geese, pigeons, or other fowl or any goats, rabbits, or guinea pigs, except under the following conditions:

(a) Such poultry and animals shall under no circumstances be permitted to run at large but shall be at all times confined within a suitable house or coop with an enclosed runway.

(b) Such house or coop and runway shall at all times be maintained in a clean and sanitary condition and shall be cleaned once a week or more often if necessary and shall at all times be free from offensive odors.

(d) No part of any such house, coop, or runway shall be less than twenty-five (25') feet from any dwelling or place of business occupied by human beings for dwelling or business purposes without the written consent of the occupant of such dwelling or place of business.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.511 Research animals.

No animals from the animal shelter will be used for research purposes.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.512 Wastes.

It shall be unlawful for any owner or person having the charge, care, control, or possession to permit any animal to defecate upon any public property, street, walk, or park, or to permit any animal to defecate upon the unenclosed private property of another person. The owner or person having the charge, care, control, or possession of any animal shall be responsible for the removal of any excreta deposited by their animal.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.513 Unlawful animal noises.

(a) It shall be unlawful for any person to keep or harbor any dog, cat or other animal, whether licensed or not, which by habitual howling, yelping, barking or other noise unreasonably disturbs or annoys any person with ordinary sensitivities.

(b) The application of the penalty set forth in subsection (a) of this section shall not be held to prevent such acts or actions declared and abated as a public nuisance.

(§ 1, Ord. 895-92 C-M, eff. July 28, 1992)

Article 6. Pet Shops

6-1.601 Housing facilities.

(a) Every person who owns, conducts, or operates a pet shop shall keep each animal in a housing facility which is structurally sound and in good repair to protect the animal from injury and to restrict the entrance of other animals. This provision shall not be construed to prohibit the keeping of more than one animal in a single housing facility so long as such multiple housing does not create a threat to the safety of any of the animals so housed.

(b) Such facilities shall be constructed so as to prevent the escape of the animals kept therein.

(d) Such facilities shall provide temperature and ventilation control of a nature compatible with the needs of the animals kept therein.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.602 Sanitation.

Every person who owns, conducts, or operates a pet shop shall comply with the following:

(a) All animals and all premises, enclosures, or structures wherein animals are kept shall be maintained in a clean and sanitary condition, free from all obnoxious odors and substances. The presence of an inordinate number of flies in the vicinity of any such premises, enclosure, or structure, any accumulation of debris, refuse, manure, urine, waste food, or other removable material upon any surface within any such premises, enclosure, or structure, or any obnoxious odor arising from any condition existing within any such premises, enclosure, or structure shall be evidence of a lack of the sanitary maintenance of such premises, enclosure, or structure; provided, however, the conditions set forth in this subsection shall not be deemed to be the exclusive means of exhibiting or proving the lack of sanitary maintenance.

(b) All animals and all premises, enclosures, or structures wherein animals are kept shall be thoroughly cleaned, and all debris, refuse, manure, urine, waste food, or other removable materials shall be removed therefrom every day or more often as necessary to effect compliance with the provisions of subsection (a) of this section. All refuse, manure, urine waste food, and other materials conducive to the breeding of flies or creative of any obnoxious odor removed from any such premises, enclosure, or structure shall be placed in a suitable nonporous container and covered with a tightly fitted cover or lid until removed from the pet shop, such removal to occur at least once every two (2) days or more often as necessary to prevent the presence of flies and obnoxious odors.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.603 Food.

Every person who owns, conducts, or operates a pet shop shall supply each animal therein with sufficient good and wholesome food and fresh water as often as the feeding habits of the animal require. Food so supplied each animal shall be of a nature compatible with the dietary habits and needs of the animal.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.604 Name and telephone number posting.

Every person who owns, conducts, or operates a pet shop shall cause a notice, containing the names, addresses, and telephone numbers of persons to be notified during any hour of the day or night who will proceed at once to the location so as to permit entry to the premises by the Director of Animal Control or the police officers of the City, to be posted on the premises near the entrance, such notice to be in such a position as to be legible from the sidewalk or ground level adjacent to the building.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.605 Sale of dangerous or wild animals.

No person who owns, conducts, or operates a pet shop shall sell a dangerous or wild animal without first ascertaining the place of residence of the prospective purchaser of such animal. If the prospective purchaser resides in the City, the prospective purchaser shall be advised that he shall obtain a permit pursuant to this chapter before he may purchase such dangerous or wild animal.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

Article 7. Dangerous and Wild Animals

6-1.701 Dangerous animals at large.

It shall be unlawful for any person owning or having the possession, custody, charge, or control of any dog or other animal known by such person to be dangerous to cause or permit the animal to run loose about such person’s premises in a manner endangering any person lawfully entering such premises or to cause or permit the animal to be unrestrained and unmuzzled upon or about any public street, sidewalk, park, school yard, or property of other persons.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.702 Posting warnings of danger.

Every owner of a dangerous animal shall post a sign in a conspicuous place at the entrance of the dwelling or property where the animal is maintained to warn other persons of the presence of a dangerous animal.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.703 Dangerous dogs.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, repealed by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.704 Possessing dangerous or wild animals.

(a) It shall be unlawful for any person to own or have the possession, custody, charge, or control of any elephant, bear, hippopotamus, rhinoceros, ocelot, lion, tiger, alligator, crocodile, leopard, wolf, monkey, any venomous or dangerous reptile of any kind, or any dangerous or wild animal without first obtaining a permit from the Director of Animal Control.

(b) Applicants for such permits shall pay such annual permit fees as set by resolution of the Council.

(c) All permits provided for in this section shall be valid for one year after the date of issuance, unless revoked as provided in this section.

(d) Upon the receipt of an application for a permit to maintain any of the animals set forth in this section, the Director of Animal Control may issue such permit if he is satisfied that such animal will be kept in a safe, secure, and humane fashion and without menacing the safety of any person or animal or causing damages to property. As a condition of granting the permit, the Director of Animal Control may require that such animal be properly caged or tethered and may make and issue regulations and conditions regarding the possession or maintenance of such animal within the City.

(e) Any permit issued under this section may be revoked when any provision of this chapter or any condition or regulation issued by the Director of Animal Control pursuant to this section is violated or when, in the opinion of the Director of Animal Control, the safety of any person or animal is menaced or property is likely to be damaged by the possession or maintenance of such animal.

(f) This section shall not apply to any dangerous or wild animal caged in a safe and humane manner when being transported through the City or when such animal is within the City under the control of a City licensed circus, carnival, traveling show, or collection of animals for exhibition.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.705 Disposal of dangerous animals.

The Director of Animal Control is authorized, directed, and empowered forthwith to destroy in a humane manner any animal lawfully impounded which is dangerous to keep impounded.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

Article 8. Diseased and Crippled Animals

6-1.801 Keeping diseased or crippled animals.

No person shall have, keep, or harbor any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is in an incurable crippled condition, or which is afflicted with any painful disease which is believed by such person to be incurable, except as in this chapter otherwise provided.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.802 Animals suspected of having rabies.

Whenever the owner of any animal is informed that such animal has bitten a human being, or suspected that the animal is infected with rabies, he shall immediately report the same to the Health Department and to the Director of Animal Control and shall immediately confine such animal. Whenever the Director of Animal Control is informed by the owner of any animal or by any other person that the animal has bitten a human being or that the animal may have rabies, the Director of Animal Control shall cause such animal to be isolated and quarantined, either upon the premises of the owner or at the animal shelter as he may deem advisable, for a period of ten (10) days or such other period as may be prescribed by the Department of Public Health of the State. During such period the animal shall be under the observation of the Director of Animal Control, and if it should appear at any time during such period that the animal has rabies, the director of Animal Control shall cause the animal to be destroyed. If, at the end of the ten (10) day period or such other period as may be prescribed by the Department of Public Health of the State, it appears that the animal does not have rabies, it shall be released to the owner upon payment to the Director of Animal Control for its care during the period, together with an impounding fee provided; however, no impounding fee shall be charged to an owner of animal who immediately transports such animal to the animal shelter.

The Director of Animal Control or duly authorized representative is empowered to enter upon any public or private premises within the City for the purpose of enforcing the provisions of this section, and is empowered to call upon police officers of the City for assistance in enforcing such provisions.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.803 Physicians to report animal bite cases.

All cases of animal bites treated by any physician shall be reported by the physician to the Health Department.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.804 Disposal of animals.

It shall be the duty of the Director of Animal Control or designee who is authorized and empowered, to order the destruction by any employee of the animal shelter of any animal lawfully taken into the custody of the City which, in the opinion of the Director of Animal control, is incapacitated by senility, or which is infected with any dangerous or communicable disease, or which is an incurable crippled condition, or which is by reason of disease or injury unfit for adoption, or for which there is no immediate adoption.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

6-1.805 Dead animals in public places.

It shall be unlawful for any person to place the body of any dead animal in any street, park, or public place or in any refuse receptacle. The bodies of any dead animals shall be promptly removed as directed by the Director of Animal Control. In the event the owner of such dead animal is known and removal is accomplished by the City, the owner shall pay the costs of the removal of such animal. The charges to be paid for the removal of animals shall be set by resolution of the Council.

(§ 1, Ord. 886-92 C-M, eff. April 9, 1992)

Article 9. Potentially Dangerous Dogs and Vicious Dogs

6-1.901 Potentially dangerous dogs and vicious dogs.

California Food and Agriculture Code Sections 31601 through 31683 shall be operative in the City of Watsonville for the control of potentially dangerous dogs and vicious dogs except as modified below.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.902 Keeping potentially dangerous dogs or vicious dogs.

In addition to any conditions ordered by any court, any person who has possession of a dog that has been declared a potentially dangerous dog or vicious dog at a hearing shall comply with the following conditions:

(a) Such dog shall be properly licensed, micro-chipped, and vaccinated at the owner’s expense, prior to the release to the dog’s owner or custodian or within fifteen (15) days if the dog is not in the custody of Animal Control. The licensing authority shall include the potentially dangerous designation in the registration records of the dog.

(b) Such dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced area from which the dog cannot escape, and into which children cannot enter or trespass. The area must be kept locked at all times with a substantial lock. The fencing and other components of the confinement shall be maintained in good order to prevent escape and to prevent children from entering or trespassing.

(c) Such dog may be off the owner’s premises only if it is restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog.

(d) Such dog must be maintained in a yard or enclosure which must be inspected and approved in writing by the Director of Animal Control prior to release of the dog to its owner or custodian if the dog is in the custody of the Director of Animal Control.

(e) At no time may a potentially dangerous dog or vicious dog be left unattended while off the owner’s premises unless boarded at a veterinary hospital or at a licensed boarding kennel if the owner has informed such facility that the dog has been designated as a potentially dangerous dog or vicious dog and the facility is able to properly confine such dog.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.903 Owner or custodian duties.

Owners or custodians of potentially dangerous dogs or vicious dogs are subject to the following legal duties:

(a) The owner or custodian of the dog shall notify the Director of Animal Control immediately if the dog is at large or has bitten or attacked any person or animal.

(b) The dog must be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6-1.1002.

(c) A potentially dangerous dog or vicious dog shall be required to wear at all times a bright fluorescent collar visible at fifty (50) feet in normal daylight, which will be provided by the Director of Animal Control at the owner’s expense. The collar shall be maintained in such a manner that the color is visible and shall be worn in such a manner that is clearly visible.

(d) The owner or custodian of a potentially dangerous dog or vicious dog, which has been involved in injury to a human, shall be required to maintain general liability insurance or post bond covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $100,000.00 per occurrence, and will be required to show proof of such insurance no more than 30 days after the court has made its determination.

(e) The owner or custodian of a potentially dangerous dog or vicious dog must give written notice of the potentially dangerous dog or vicious dog determination to all of the following entities that apply: local law enforcement agency, fire department, United States Post Office (local branch), all utility companies which provide services to the premises where the dog is kept, veterinarian, grooming facility, homeowner’s or renter’s insurance carrier and landlord. The notice shall include all of the following: owner(s) name(s), address, telephone number, a description of the actions of the dog that resulted in the declaration, the designation (“potentially dangerous dog or vicious dog”), description of dog, breed, color(s), markings, name, and location(s) on property that dog is kept. The owner or custodian shall provide a copy of such notice to the Director of Animal Control within thirty (30) days after the court determination that the dog is a potentially dangerous dog or vicious dog.

(f) The owner or custodian of a dog declared to be a potentially dangerous or a vicious dog after a hearing shall post one or more signs on the premises at a location or locations that would be visible to anyone entering the property at normal access points stating, “A dog which has been determined to be dangerous or vicious lives on this property.” The signs shall be in both English and Spanish.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009, as amended by § 1, Ord. 1256-10 (CM), eff. May 27, 2010)

6-1.904 Investigation.

Whenever a dog suspected of being a potentially dangerous dog or vicious dog is reported, the Director of Animal Control shall investigate the circumstances and if found that the animal shows a propensity to attack, bite, inflict injury to a human or domesticated animal, or harass people or other animals without provocation, the Director of Animal Control shall notify the owner in writing, stating all the facts and circumstances. The Director of Animal Control may order that the animal be kept within a substantial enclosure or securely fenced area from which the dog cannot escape, and into which children cannot enter or trespass, securely leashed or otherwise controlled. If the owner of the dog cannot provide restraint as so directed by the Director of Animal Control within 48 hours, the animal shall be temporarily impounded at the expense of the owner pending the outcome of a potentially dangerous dog or vicious dog hearing.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.905 Evidentiary hearings.

The Director of Animal Control shall report in writing to the Chief of Police concerning any dog the Director of Animal Control is informed or believes to be a potentially dangerous dog or vicious dog or an owner who is in violation of Section 6-1.902 of this article and may issue a citation to the owner and/or impound the dog in the interests of public safety at the expense of the owner of the dog.

(a) Within ten (10) days after the receipt of such report, or five (5) days in the event of the impoundment of the dog, the Chief of Police or designee shall set a date and time for a public hearing to determine whether such dog is a vicious dog as defined in Section 1-6.901 of this article. Ten (10) days’ written notice of the time and place for the hearing shall be given to the owner by mail or personal service.

(b) When any dog is in the custody of Animal Control for the purpose of a hearing to determine if it is potentially dangerous or vicious, all applicable charges for services performed by the Director of Animal Control pursuant to this article and all fines shall be paid prior to the release of such dog to its owner or custodian. If said charges are not paid or the dog is not claimed within fourteen (14) days after the dog is available to be released to its owner, the date the services are performed, or the order is issued, the dog shall be deemed to be abandoned by the owner, and thereafter subject to disposal. Any dog so abandoned is not adoptable and shall be humanely euthanized by the Director of Animal Control.

(c) The Chief of Police or his designee shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the dog is a potentially dangerous dog or a vicious dog.

(d) In determining whether the dog is a potentially dangerous dog or vicious dog, the Chief of Police or designee shall consider evidence concerning any bite committed upon any person by the dog; provided, however, such evidence shall not be exclusive. A dog may be shown to be vicious even though it is not proven to have bitten any person upon evidence that establishes any standard set forth in Sections 6-1.113 and 6-1.116 of this chapter. The Chief of Police or designee shall also consider any assault upon any person or other animal by the dog, any incident of harassment by the dog, the circumstances surrounding any incident indicating the temper or viciousness of the dog, and the general reputation of the dog in the community with respect to its temper and viciousness. The Chief of Police shall also consider any provocation which may have caused the dog to exhibit ferocious or vicious characteristics.

(e) If the dog is determined to be a potentially dangerous dog or vicious dog, the Chief of Police or designee may grant a permit for possessing a vicious dog, or potentially dangerous dog in accordance with the provisions in this article.

(f) If the dog is determined to be a vicious dog, the Director of Animal Control may request such dog be humanely euthanized after the expiration of the appeal period set forth in Chapter 4 of Title 1 of this Code. Such request will be made at the time of the hearing. A hearing officer or judge may order a dog be humanely euthanized upon making a determination that the dog is vicious.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009. Formerly 6-1.903)

6-1.906 Dogs designated as potentially dangerous dogs or vicious dogs.

(a) Any dog that has been designated as a potentially dangerous dog or vicious dog in any other jurisdiction and has been moved to Santa Cruz County shall be subject to all of the provisions of the prior order and shall be maintained in compliance with all the provisions of this article.

(b) Any dog determined to be potentially dangerous or vicious anywhere in Santa Cruz County will retain that designation for the remainder of its life. An owner may however petition the court having jurisdiction over the matter after the initial 36-month period to submit evidence to support a change or modification of the condition.

(c) An additional fee for initial registration shall be charged. The annual dog license fee for a potentially dangerous dog or vicious dog shall be greater than a non-potentially dangerous or non-vicious dog license. The additional fee shall be used to defray the cost of record keeping, inspections and administration of potentially dangerous and vicious dog program. The amount of the initial registration fee and dog license fee shall be set by resolution of the Council.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.907 Vicious animals unrestrained.

It shall be within the authority of the Director of Animal Control to require a dog determined to be a potentially dangerous dog or vicious dog to also be properly muzzled when off its owner’s property to prevent harm or injury to the public.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.908 Penalty and impoundment authorized.

An owner or keeper of a dog, who willfully suffers it to go at large, or keeps it without ordinary care, and the animal while at large off the owner’s or keeper’s property bites a person, engages in behavior that requires a person to take defensive action to prevent physical injury, or which inflicts injury, kills, or otherwise causes injury to any domestic animal, is guilty of a misdemeanor. Upon conviction the owner or keeper must keep the dog or dogs, involved in the incident(s), which resulted in the conviction, in compliance with the requirements of Section 6-1.902. Upon conviction of a violation of this article the court may order any other conditions to protect public safety including destruction of the dog(s). Upon conviction of a violation of this article the court shall order restitution to the investigating agency for the cost of investigation, impound and holding of the dog(s) and to the victim for the treatment of injuries or other damages.

(a) The failure of an owner or custodian of a dog, declared to be potentially dangerous or vicious at a hearing pursuant to this chapter, or to comply with any of the conditions of any court order, this article, or conditions imposed by the court is guilty of a misdemeanor punishable as provided in this Code.

(b) If upon receiving written notification the owner fails to restrain or control a potentially dangerous dog or vicious dog, as ordered by the Director of Animal Control, the owner is guilty of a misdemeanor punishable as provided in this Code and the Director of Animal Control is empowered to seize and impound the animal at the expense of the owner pending the outcome of a potentially dangerous and vicious dog hearing. The District Attorney has the discretionary authority to make violations of this article an infraction if the circumstances warrant such an action.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

Article 10. Regulation of Animal Breeding

6-1.1001 Mandatory spaying/neutering.

(a) No person shall own, harbor or keep within the limits of City of Watsonville, a dog or cat over the age of six (6) months, which has not been spayed or neutered unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6.1-1002 of this chapter.

(b) Any person intentionally providing care or sustenance for a dog or cat shall be deemed the owner of such dog or cat and shall comply with this section.

(1) Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the director of animal control services after consultation with knowledgeable professionals;

(2) Dogs documented as having been appropriately trained and actually being used as a service dog such as a guide dog, hearing dog, assistance dog, seizure alert dog or social/therapy dog, or a dog designated as breeding stock by an appropriate agency or organization approved by the director of animal control services after consultation with knowledgeable professionals;

(3) Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the director of animal control services after consultation with knowledgeable professionals;

(4) Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;

(5) Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, or dogs designated as breeding stock by an appropriate agency or organization approved by the director of animal control services after consultation with knowledgeable professionals;

(6) Dogs or cats boarded in a licensed kennel or a business which boards such animals for professional training or resale.

(§ 1, Ord. 1182-05 C-M, eff. February 10, 2005)

6-1.1002 Unaltered animal certification; administration.

(a) The Director of Animal Control Services shall administer a certification program to allow for unaltered cats over the age of six (6) months, and an annual certification program for unaltered dogs over the age of six (6) months, when the Director of Animal Control Services determines that the following conditions have been met:

(1) The dog or cat is examined annually by a licensed veterinarian and is following the preventive health care program recommended by the veterinarian;

(2) The owner has not had more than two (2) violations of Chapter 1 of Title 6 of this Code within the preceding twenty-four (24) months;

(3) The dog or cat is properly housed and cared for as follows:

(i) The animal is provided sufficient quantity of good and wholesome water;

(ii) The animal is provided shelter that will allow the animal to stand up, turn around and lie down without lying in his/her feces;

(iii) The area where the animal is kept is properly cleaned and disinfected; and

(iv) If the animal is a dog, it must be fully contained on the owner’s property and be provided appropriate exercise.

(4) The dog or cat owner otherwise complies with any applicable state or local law concerning the care and housing of dog or cats; and

(5) The owner furnishes the director of animal control with a signed statement agreeing to the following conditions:

(i) The female unaltered dog or cat will have no more than one litter per year, unless the owner furnishes the director of animal control, in advance of any breeding, a written statement from a licensed veterinarian recommending that the female be allowed to have up to two (2) litters per year. This written recommendation may result from the annual examination required pursuant to subsection (a)(1) above;

(ii) Offspring of the unaltered animal will not be sold or adopted until they are at least seven (7) weeks of age; and

(iii) Records will be kept documenting how many offspring were produced and the identity of the person(s) who adopted or purchased them.

(b) Any owner advertising to the public the availability of any dog or cat for adoption, sale, barter or other transfer must prominently display his or her unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog or cat breed in the City of Watsonville.

(c) Commercial establishments selling locally bred dogs or cats shall prominently display the unaltered animal certification number of the animal’s owner.

(d) Any owner an unspayed or unneutered dog or cat who has been cited for failing to obtain an unaltered animal certification may have his or her citation dismissed if there is proof that the animal has been spayed or neutered within thirty (30) days of the issuance of the citation.

(e) Any owner who is denied an unaltered animal certification or whose certification is revoked by the director of animal control for failure to comply with the requirements of this section may appeal such denial or revocation to the City Manager or his designee. The decision of the City Manager or his designee shall be final. This deadline to file such appeal shall be ten (10) calendar days from the date of such denial or revocation.

(§ 1, Ord. 1182-05 C-M, eff. February 10, 2005, as amended by § 1, Ord. 1256-10 (CM), eff. May 27, 2010)

6-1.1003 Penalty for violation.

(a) Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine in accordance with Section 1-2.01 of this Code.

(b) Any person who has been cited for his or her first violation of Section 6-1.1001 shall not be subject to a fine, but may be ordered to comply with the requirements of that section.

(§ 1, Ord. 1182-05 C-M, eff. February 10, 2005)

Article 11. Abandoned, Neglected and Cruelly Treated Animals

6-1.1101 Disposal of abandoned, neglected and cruelly treated animals.

Any dog, cat or other animal which is abandoned, neglected, sick, lame, feeble, is unfit for the labor it is performing, or that in any manner is being cruelly treated may be impounded and disposed of in a humane manner as hereinafter provided.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1102 Immediate seizure or impound— Lien for care and treatment.

Whenever the Director of Animal Control or any peace officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of other animals or of persons, or if a dog is unaltered and weighs over twenty (20) pounds, the officer shall immediately seize the animal and comply with the procedure established in Section 6-1.1103. In all other cases, he shall comply with the provisions of Section 6-1.1104. The costs of caring for and treating any animal properly seized under this article shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009, as amended by § 1, Ord. 1256-10 (CM), eff. May 27, 2010)

6-1.1103 Post-seizure hearing for animal subject to immediate seizure or impound.

Whenever the Director of Animal Control or a peace officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the owner or keeper of the animal, if known or ascertained after reasonable investigation, shall be provided with the opportunity for a post-seizure hearing to determine the validity of the seizure or impoundment, or both.

(a) The Director of Animal Control shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or send by first class mail, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:

(1) The name, business address and telephone number of the person providing the notice;

(2) A description of the animal seized, including any identification upon the animal;

(3) The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized;

(4) A statement that, in order to receive a post-seizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the administrative hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the Director of Animal Control within ten (10) days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or first class mail;

(5) A statement that the cost of caring for and treating any animal properly seized under this article is a lien on the animal and that the animal shall not be returned to the owner until the cost is paid, and that the failure to request or to attend a scheduled hearing shall result in liability for this cost.

(b) The post-seizure hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays, and in accordance with the provisions of Section 6-1.1108.

(c) Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time periods or to attend a scheduled hearing shall result in forfeiture of any right to a post-seizure hearing or right to challenge his or her liability for costs incurred.

(d) The Director of Animal Control or the law enforcement agency that directed the seizure shall be responsible for the costs incurred for caring for and treating the animal, if it is determined in the post-seizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of other animals or persons. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal and the animal shall not be returned to its owner until the charges are paid and the Director of Animal Control has determined that the animal is physically fit or the owner demonstrates to the satisfaction of the Director of Animal Control that the owner can and will provide the necessary care.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1104 Hearing prior to seizure of animal.

Where the need for immediate seizure is not present, the Director of Animal Control shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal to the Director of Animal Control before the hearing unless, before the hearing, the owner has obtained consent from and made placement arrangements with the Director of Animal Control that the animal need not be brought to the Director of Animal Control before the hearing. Any person who willfully fails to produce the animal or obtain consent from the Director of Animal Control before the hearing regarding placement arrangements for the animal is guilty of an infraction, punishable as provided in this Code.

(a) The Director of Animal Control or law enforcement agency shall also cause a notice to be affixed to a conspicuous place where the animal was situated, and personally deliver or mail by first class mail, said notice stating the grounds for believing the animal should be seized. The notice shall include all of the following:

(1) The name, business address and telephone number of the officer providing the notice;

(2) A description of the animal to be seized, including any identification upon the animal;

(3) The authority and purpose for the possible seizure or impoundment;

(4) A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep animal to the officer providing the notice within two (2) days, excluding weekends and holidays, of the date of the notice;

(5) A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.

(b) The pre-seizure hearing shall be conducted within forty-eight (48) hours, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in Section 6-1.1108.

(c) Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time period or to attend a scheduled hearing shall result in a forfeiture of any right to a pre-seizure hearing or right to challenge his or her liability for costs incurred pursuant to this title.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1105 Cost of seizure and care—Owner liable.

If any animal is properly seized under this article, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Furthermore, if the charges for the seizure or impoundment and any other charges permitted under this title are not paid within fourteen (14) days of the seizure, or, if the owner, within fourteen (14) days of notice of availability of the animal to be returned, fails to pay charges permitted under this title and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the impounding officer.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1106 Noncompliance with order to provide veterinary care.

If the animal requires veterinary care and the seizing agency is not assured, within fourteen (14) days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be humanely disposed of by the impounding officer. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is determined to be incurably ill or crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1107 Return to owner—Conditions.

No animal properly seized under this article shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency’s or hearing officer’s satisfaction that the owner can and will provide the necessary care. In the case of an unaltered dog which weighs over twenty (20) pounds, the owner or keeper shall have the dog altered or obtain an unaltered animal certificate pursuant to Section 6-1.1002 and submit to a facility check by the Animal Control Department before the dog is released.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009, as amended by § 1, Ord. 1256-10 (CM), eff. May 27, 2010)

6-1.1108 Hearings.

All hearings conducted pursuant to this article shall be conducted by a person (hearing officer), who shall not have been personally involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal. Hearings shall be conducted in the following manner:

(a) The hearing officer may continue the hearing for a reasonable period of time if the hearing officer deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance.

(b) The Director of Animal Control shall have the burden of proof to establish, by a preponderance of evidence, the existence of the condition or conditions which give rise to the need for the seizure or impoundment.

(c) If the Director of Animal Control is also seeking to terminate the owner’s rights in the animal, he shall have put the owner or keeper of the animal on written notice thereof and shall establish the existence of the owner’s or keeper’s acts or omissions resulting in cruelty or neglect to the animal by clear and convincing evidence to a reasonable certainty.

(d) The Director of Animal Control shall present his case first, followed by the party against whom the seizure or impoundment is being proposed. The Director of Animal Control may present rebuttal in the discretion of the hearing officer.

(e) Oral evidence shall be taken only on oath or affirmation.

(f) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness and to rebut evidence.

(g) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized in the hearing. Irrelevant and unduly repetitious evidence shall be excluded.

(h) At the conclusion of the hearing, each side shall be given an opportunity to summarize its position.

(i) The hearing officer shall render, in writing, his or her finding, decision and order thereon, and shall give notice, in writing, of the findings, decision and order to the owner or custodian of the animal.

(j) In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner’s rights in the animal, the hearing officer as a part of his or her decision may order, but is not limited to ordering, that one or more of the following actions be undertaken:

(1) That the owner’s and/or custodian’s rights in the dog, cat or other animal are terminated;

(2) That the owner or custodian of the dog, cat or other animal shall remove the animal(s) from the premises by a specified date;

(3) That the Director of Animal Control, after a specified date, shall impound the animal or animals;

(4) That the Director of Animal Control shall sell, give away or otherwise dispose of the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the Director of Animal Control for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the Director of Animal Control.

(k) A decision upholding seizure or impoundment shall become effective upon issuance.

(l) A decision terminating an owner’s rights in the animal shall become effective thirty (30) days from the date the decision is mailed unless a stay of execution is granted.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1109 Abandoned or stray animals—Authority to rehabilitate or destroy.

Every such disabled, infirm or crippled animal, except a dog or cat, abandoned in any part of the City may be immediately euthanized by the Director of Animal Control, law enforcement or their designees if, after a reasonable search, no owner of the animal can be located. It shall be the duty of all peace officers and the Director of Animal Control to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1110 Transfer to veterinarian.

Any peace officer or the Director of Animal Control shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.

If the owner does not redeem the animal within the prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.

Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic which is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.

If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services which are provided pending the owner’s inquiry to the Director of Animal Control shall be paid from the dog license fees, fines, and fees from impounding dogs, subject to the provision that this cost be repaid by the animal’s owner. The cost of caring for and treating any animal seized under this article shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decisions which he or she makes, or for services which he or she provides pursuant to this title.

An animal control agency which takes possession for an animal pursuant to this article shall keep records of the whereabouts of the animal for a seventy-two (72) hour period from the time of possession, and those records shall be available for inspection by the public upon request.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1111 Humane destruction of animal in the field.

Notwithstanding any other provision of this article, any peace officer or the Director of Animal Control may humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1112 Violation—Penalty.

Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the City, without proper care or attention, shall be guilty of an infraction or misdemeanor as hereinafter specified. Any individual convicted of a violation of this article shall be guilty of an infraction under this Code. Except that a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1113 Violation—Animal(s) to be forfeited.

Upon the conviction of a person charged with a violation of this article, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer for proper disposition. A person convicted of a violation of this title shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. This article shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1114 Title provisions not exclusive.

This title is not intended, nor shall it be construed in any way, to affect Sections 31101 or 31625 of the Food and Agricultural Code.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

6-1.1115 Prohibited dog ownership by convicted felons.

(a) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public’s health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Section 6-1.1116. A convicted felon under this chapter shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. “Misused” by a convicted felon means, at any time, use of a dog in a threatening or aggressive manner, or in the commission of a crime.

(b) Any dog whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner’s expense.

(c) A dog that poses a danger to the public’s health, safety or welfare if misused by a convicted felon under this section means any of the following:

(1) A dog weighing more than twenty (20) pounds.

(2) A dog which has been designated a potentially dangerous dog or vicious dog under Sections 6-1.113 and 6-1.116.

(3) A dog designated by the Animal Services Director as posing a danger to the public’s health, safety or welfare if misused by a convicted felon based upon one or more of the following factors:

(i) The nature of any complaints regarding the dog;

(ii) The strength of the dog, including jaw strength;

(iii) The dog’s tolerance to pain;

(iv) The dog’s tendency to refuse to terminate an attack;

(v) The dog’s potential propensity to bite humans or other domestic animals;

(vi) The dog’s potential or unpredictable behavior;

(vii) The dog’s aggressiveness; or

(viii) The likelihood that a bite by the dog will result in serious injury.

This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability.

(§ 1, Ord. 1256-10 (CM), eff. May 27, 2010)

6-1.1116 Prohibited dog permit.

Any convicted felon who wishes to own, purchase, receive or have in his or her possession or under his or her custody or control a dog weighing more than twenty (20) pounds under Section 6-1.1115(c)(1), or a dog that the Animal Services Director designates as posing a danger to the public’s health, safety or welfare if misused by a convicted felon under Section 6-1.1115(c)(3), may apply for a prohibited dog permit to own, keep or maintain that dog. If there is probable cause to believe that a dog poses a danger to the public’s health, safety or welfare if misused by a convicted felon, the dog may be impounded pending a determination made under this chapter and until any required permit is obtained. If the Animal Services Director designates a dog as posing a danger to the public’s health, safety or welfare if misused by a convicted felon, written notice of this designation shall be mailed to the owner or keeper of the dog. The owner or keeper must pay an application fee and apply for the prohibited dog permit within fifteen (15) calendar days after the mailing of the written notice of designation. The Animal Services Director may deny a prohibited dog permit if he or she determines that the dog poses a danger to the public’s health safety or welfare, or may condition the issuance of the permit upon the permittee’s written agreement to comply with conditions of ownership to be determined by the Animal Services Director. These conditions of ownership may include, but are not limited to, those found in this chapter. A prohibited dog permit may subsequently be revoked by the Animal Services Director if there is probable cause to believe that the convicted felon’s continued ownership of the dog poses a danger to the public’s health, safety or welfare.

This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability.

(§ 1, Ord. 1256-10 (CM), eff. May 27, 2010)

Article 12. Administrative Citations and Enforcement of Animal Control Regulations

6-1.1201 Purpose.

The purpose of this chapter is to establish a process for the administrative enforcement of the animal control regulations in this chapter. These administrative enforcement procedures are in addition to, and not in lieu of, any other applicable enforcement procedures set forth in this code or in state law, including those set forth in this chapter. As used herein the term “Animal Shelter General Manager” shall refer to the Animal Shelter General Manager employed by the Santa Cruz County Animal Services Authority, and the term “Animal Shelter Control Officer” shall refer to any Animal Shelter Control Officer employed by the Santa Cruz County Animal Services Authority.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1202 Scope.

This chapter sets forth procedures for the administrative enforcement of animal control regulations in the jurisdictional limits of the City of Watsonvillle.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1203 Administrative citation.

The Animal Shelter General Manager or any Animal Shelter Control Officer may issue an administrative citation assessing a civil penalty to any person violating any provision of this title.

(a) Administrative penalties established pursuant to this chapter shall be imposed and collected as set forth herein.

(b) Each provision of this chapter that is violated constitutes a separate offense. Each and every day a violation of any provision of this chapter exists constitutes a separate and distinct offense.

(c) A civil penalty assessed by an administrative citation shall be payable directly to the Santa Cruz County Animal Shelter.

(d) Civil penalties assessed by an administrative citation shall be collected in accordance with the procedures specified in this chapter.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1204 Procedure for administrative citations.

(a) The Animal Shelter General Manager or any Animal Shelter Control Officer may issue an administrative citation to any person responsible for a violation of this chapter.

(b) When a violation of any of the provisions of this chapter is identified, the Animal Shelter General Manager or an Animal Shelter Control Officer shall identify the owner or responsible party and issue an administrative citation. A responsible party shall be deemed to be the person who is in immediate control of the animal or activity that constitutes a violation.

(c) The administrative citation shall be issued on a form prescribed by the Animal Shelter General Manager and shall contain the following information:

(1) The form shall be titled “Administrative Citation.”

(2) The date, approximate time, and address or definite description of the location where the violation(s) was observed.

(3) The provisions of this chapter violated and a description of the violation.

(4) A description of the action required to correct the violation.

(5) An order to the owner or responsible party to correct the violation(s) within a time specified and an explanation of the consequences of failure to correct the violation(s).

(6) The amount of monetary penalty for each violation.

(7) An explanation of how the penalty shall be paid and directing that it be made payable to the Santa Cruz County Animal Shelter, the time period within which it shall be paid, and the address at which the penalty payment shall be remitted or mailed.

(8) A statement regarding the right to appeal the administrative citation, including the time within which the appeal must be filed, the place to obtain a notice of appeal and request for administrative citation appeal hearing form.

(9) The name and signature of the officer issuing the administrative citation and, if possible, the signature of the owner or responsible party acknowledging receipt of the citation.

(10) A single administrative citation may charge a violation for one or more days on which a violation exists, and for the violation of one or more provisions of this chapter.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1205 Service of administrative citations.

The Animal Shelter General Manager or his/her designee shall issue any required notice to the owner or responsible party of the violation in the following manner:

(a) Personal Service. The Animal Shelter General Manager, or his/her designee, shall attempt to locate and personally serve the owner or responsible party and, if possible, obtain the signature of the owner or responsible party on the administrative citation. If the owner or responsible party served refuses or fails to sign the citation, the failure or refusal to sign shall not affect the validity of the citation or subsequent proceedings and the Animal Shelter General Manager or his/her designee shall make service of the citation as otherwise provided herein.

(b) Mail. If for any reason the Animal Shelter General Manager or his/her designee is unable to personally serve the citation on the owner or responsible party, the citation shall be mailed to the owner or responsible party by first class mail, postage prepaid, with a declaration of service under penalty of perjury. The declaration of service shall be made by the person mailing the citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. The failure of any owner, responsible party, or person with an interest in the animal, where applicable, to receive a properly addressed citation shall not affect the validity of any proceeding under this chapter. Service of the citation in the manner described above shall be effective on the date of mailing.

(c) Posting of Citation. As an alternative to service by mail, and if the Animal Shelter General Manager or his/her designee is unable for any reason to personally serve the owner or responsible party, the Animal Shelter General Manager or his/her designee may post the citation by affixing the citation to a surface in a conspicuous location on any real property in which the owner or responsible party has a legal interest, and such posting shall be deemed effective service. Failure of a posted citation to remain in place after posting shall in no way affect the validity of the citation or the proceeding. Service shall be deemed effective pursuant to posting on the date that the citation is actually posted.

(d) The failure of any owner or responsible party to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter when the owner or responsible party has actual notice of these proceedings.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1206 Opportunity to correct violation.

Upon the issuance of an administrative citation that has been served upon an owner or responsible party, the owner or responsible party shall be allowed seven (7) days to correct or remedy the violation(s), except thirty (30) days are allowed to correct a spay/neuter violation. If the owner or responsible party properly corrects the violation(s), he or she shall not be assessed an administrative penalty. If the owner or responsible party fails to correct or remedy the violation(s), administrative penalties shall be assessed from the date written upon the citation. This section shall not be construed to waive any fee or payment that would ordinarily be required pursuant to this chapter.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1207 Satisfaction of an administrative citation.

(a) Upon receipt of an administrative citation, the owner or responsible party must do the following:

(1) Pay the administrative penalty to the Santa Cruz County Animal Shelter; and

(2) Demonstrate to the Animal Shelter General Manager or his/her designee that the violation has been corrected or remedied, if the violation(s) is of such a nature that it can be remedied. The Animal Shelter General Manager or his/her designee may not accept payment of an administrative penalty unless the owner or responsible party has demonstrated that the violation(s) has been corrected or remedied. If the violation(s) is corrected or remedied within the time set forth in Section 6-1.1206, no administrative penalty shall be imposed.

(b) If an owner or responsible party fails to properly correct or remedy a continuing violation in accordance with Section 6-1.1206 or otherwise, the owner or responsible party shall pay the accrued administrative penalty amount to the Santa Cruz County Animal Shelter. Penalty amounts shall continue to accrue as specified until the date the owner or responsible party satisfies the administrative citation or files a notice of appeal. Payment of an accrued penalty shall not excuse or discharge the owner’s responsibility to correct or remedy the cited violation, nor shall it bar further enforcement action by the Animal Shelter General Manager.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1208 Appeal of administrative citation.

(a) An owner or responsible party receiving an administrative citation may contest that there was a violation of this chapter or that he or she is the responsible party by completing a notice of appeal and request for appeal hearing form and filing it with the Santa Cruz Animal Shelter within ten (10) calendar days from the date of issuance of the citation. Any appeal of the administrative citation must include a detailed written explanation of the grounds for appeal.

(b) The filing of a notice of appeal does not stay, postpone or excuse the owner or responsible party’s duty to correct or remedy a violation. If the administrative hearing officer upholds the administrative citation, the applicable penalty shall accrue as of the date on the administrative citation.

(c) The failure to submit a timely and complete notice of appeal shall terminate a person’s right to contest the administrative citation, result in a failure to exhaust administrative remedies and the administrative citation shall then serve as a final determination and conclusive evidence of the named owner or responsible party’s liability.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1209 Administrative hearing officers.

Duties. The Board of the Santa Cruz County Animal Services Authority shall provide independent contractor hearing officers to conduct administrative appeal hearings, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to prepare a record of the proceedings, to issue enforcement orders with regard to violations of this chapter, and to provide for the recovery of enforcement costs, any civil penalties and any other costs of abatement as a personal obligation of the owner or responsible party violating, causing, permitting or continuing the violation(s).

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1210 Notice of administrative appeal hearing.

Upon receipt of a timely and complete notice of appeal, the Animal Shelter General Manager or his/her designee shall provide written notice of the time, date and location of a hearing before the administrative hearing officer by personal service or by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing to the owner or responsible party alleged to have violated this chapter, and to any other person known to own or possess the animal(s) which are the subject of the citation, at least ten (10) days prior to the date of the administrative hearing. The hearing officer shall be designated by the Animal Shelter General Manager.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1211 Administrative hearing officer disqualification.

Administrative hearing officers shall be licensed attorneys of the State Bar of California in good standing. An administrative hearing officer shall disqualify himself/herself from serving as hearing officer in a particular matter where he/she has a conflict of interest within the meaning of the Political Reform Act (Government Code Section 87100 et seq.), and shall otherwise comply with the disqualification provisions of Canon 3.E. of the Code of Judicial Ethics. The notice of hearing shall also identify the administrative hearing officer designated to conduct the hearing and advise the recipient(s) of their right to submit within ten (10) business days of the date of the notice of hearing a written objection to the designated hearing officer. In the event of such a disqualification, a new administrative hearing officer shall be randomly selected from the panel of alternate hearing officers established by the Santa Cruz County Animal Services Authority. Each party shall only have the right to disqualify one administrative hearing officer for a particular matter.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1213 Hearing procedures.

(a) Requirements for Taking Testimony. In any appeal hearing before an administrative hearing officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the hearing officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations. Oaths of witnesses may be given individually or en masse. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth.

(b) The owner, agent, persons responsible for the violation and appealing the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the alleged violation(s).

(c) The administrative hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

(d) The failure of the owner or responsible party who receives an administrative citation to appear at the administrative appeal hearing or, in the alternative, to present written or demonstrative evidence shall constitute an admission of the violation by that owner or responsible party and an admission that the amount of the civil penalty is appropriate and shall also constitute a failure to exhaust administrative remedies that may bar judicial review.

(e) The administrative citation and any additional documents submitted by the Animal Shelter General Manager, or his/her designee, shall constitute prima facie evidence of the respective facts contained in those documents.

(f) The administrative hearing officer shall only consider evidence relevant to whether the violation(s) occurred and whether the owner or responsible party has caused, maintained, or allowed the violation(s) of this chapter that was subject to the citation.

(g) The administrative hearing officer shall not be required to provide transcripts of hearings, but shall be required to tape record the hearings and make the recordings of the hearings available for a fee.

(h) Continuances. The administrative hearing officer may continue the administrative hearing for good cause as determined by the administrative hearing officer.

(i) Administrative Interpretations. In conducting the hearing, the administrative hearing officer shall consider as controlling the previously established interpretation of any provision of this chapter by the officials charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.

(j) Administrative Hearing Officer Decisions. At the conclusion of the administrative hearing held on the alleged violation(s), the administrative hearing officer shall have the authority, subject to the limitations set forth in this chapter, to render a decision, supported by written findings, which:

(1) Determines whether the owner or responsible party has committed, maintained or permitted the alleged violation(s) of this chapter.

(2) Orders the payment of the total verified amount of the enforcement costs and other abatement costs by any such owner or responsible party found to have committed or permitted the violation(s).

(3) Orders the payment of civil penalties to be paid by any such owner or responsible party found to have committed or permitted the violation(s).

(4) Orders action to be taken to correct any violation(s) by any such owner or responsible party found to have committed or permitted the violation(s).

(5) Determines whether any enforcement costs, other abatement costs, and civil penalties are to be the personal obligation of the owner or responsible party committing or permitting the violation(s).

(6) In determining the amount of civil penalties to be assessed against any owner or responsible party violating a provision of this chapter, which would otherwise be an infraction or a misdemeanor, the administrative hearing officer shall take into consideration the following:

(i) The extent to which the owner or responsible party knowingly and willingly committed the violation(s);

(ii) The magnitude of the violation(s);

(iii) Any prior history of related violation(s) by the same owner or responsible party;

(iv) The financial ability of the owner or responsible party to pay based on submitted documentation;

(v) Any corrective action voluntarily undertaken by the owner or responsible party prior to the hearing to eliminate the violation(s) and any other mitigating circumstances justifying a reduction of the amount of the penalties.

(7) The decision of the administrative hearing officer shall be final when issued in writing and shall be thereafter immediately enforceable. The decision of the administrative hearing officer shall include a statement of the judicial appeal rights of any party to the proceeding as set forth in subsection (j)(8) of this section.

(8) The decision of the administrative hearing officer shall be subject to judicial review pursuant to the provisions of California Government Code Section 53069.4. Pursuant to Section 53069.4 a notice of appeal must be filed with the Santa Cruz County Superior Court Clerk, together with the applicable appeal fee, within twenty (20) days after service of the administrative hearing officer’s decision by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing. Any person filing a Superior Court appeal shall serve a copy of the notice of appeal in person or by first class mail on the administrative hearing officer with a copy to the Animal Shelter General Manager. Within fifteen (15) days of the Superior Court’s request, the administrative hearing officer shall forward to the court the file of the hearing together with the subject notice of violation, the notice of administrative appeal hearing before an administrative hearing officer, and the decision of the administrative hearing officer. If a Superior Court appeal is not timely filed in accordance with this subsection, all persons shall thereafter be barred from commencing or prosecuting any such action or proceeding concerning the underlying violation or asserting any defense of invalidity or unreasonableness of the administrative hearing officer’s decision, proceedings, determinations or actions taken in connection therewith.

(9) The administrative hearing officer shall submit the decision to the Animal Shelter General Manager.

(10) The Santa Cruz County Counsel upon receipt of a final decision of an administrative hearing officer which orders payment of civil penalties or payment of enforcement costs or other abatement costs, or upon obtaining authorization from the Board of the Santa Cruz County Animal Services Authority, may, in addition to any other collection procedures provided by this chapter, prepare and file a civil action on behalf of the Santa Cruz County Animal Services Authority and Santa Cruz County Animal Shelter in any court of competent jurisdiction to obtain compliance with the administrative decision or regulations of this chapter, to recover the civil penalties and costs of enforcement provided by this chapter and for injunctive relief or any other available legal remedy. In addition, the Animal Shelter General Manager, or his or her designee, may prepare and file small claims actions in this regard or pursue collection by any available legal remedy.

(11) In the event a civil action is initiated to obtain enforcement of the decision of the administrative hearing officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the County’s total costs of enforcement, including reasonable attorney fees.

(12) The remedies and civil penalties provided for in this chapter shall be in addition to any other remedies and penalties provided for by law.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1214 Penalties and costs assessed.

(a) The Santa Cruz County Animal Services Authority may establish a civil penalty schedule setting forth the penalty to be assessed by an administrative citation for violation of a particular provision of this chapter in accordance with California Government Code Section 53069A(a)(l) and may, in connection therewith, also authorize the reductions specified therein for timely payment.

(b) If the animal owner or responsible party fails to correct the violation(s), subsequent administrative citations may be issued for the same continuing violation(s). The amount of the penalty shall increase at a rate specified in subsection (c) of this section or the civil penalty schedule provided for in subsection (a) of this section.

(c) Except as otherwise provided by subsection (d) of this section, the civil penalty assessed by administrative citation for violation of a provision of this chapter shall be as follows:

(1) First administrative citation—One Hundred and no/100ths ($100.00) Dollars;

(2) Second administrative citation within one (1) year for violation of the same code section—Two Hundred and no/100ths ($200.00) Dollars;

(3) Third or subsequent administrative citation within one (1) year for violation of the same code section—Five Hundred and no/100ths ($500.00) Dollars.

(d) The civil penalty assessed by the administrative citation for the following violations shall be as set forth below:

(1) Failure to display license (each dog)—Fifty and no/100ths ($50.00) Dollars;

(2) Dog off leash, first offense—Fifty and no/100ths ($50.00) Dollars;

(3) Dog off leash, second offense within one (1) year—One Hundred and no/100ths ($100.00) Dollars;

(4) Dog off leash, third offense within one (1) year—One Hundred and Fifty and no/100ths ($150.00) Dollars;

(5) Failure of owner to pick up after dog or cat defecation—One Hundred and no/100ths ($100.00) Dollars;

(6) Noisy animals (Section 6-1.513)—One Hundred and no/100ths ($100.00) Dollars;

(7) Permitting livestock to trespass, per offense—Two Hundred and no/100ths ($200.00) Dollars.

(e) Payment of the civil penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the Santa Cruz County Animal Services Authority or the Santa Cruz County Animal Shelter. All assessed penalties and enforcement costs assessed shall be payable to the Santa Cruz County Animal Shelter.

(f) Penalties collected in the manner described in this section may be deposited in an animal shelter fund or other appropriate designated account.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1215 Failure to pay civil penalties.

(a) Any person who fails to pay a civil penalty imposed pursuant to this chapter shall owe a debt to the Santa Cruz Animal Services Authority. To enforce the debt the Animal Shelter General Manager may file a claim with the small claims court, or pursue any other legal remedy to collect the amount owed.

(b) Any person who fails to pay any civil penalty imposed pursuant to this chapter on or before the penalty payment due date shall also be liable in any action brought by the Santa Cruz Animal Services Authority and/or the Santa Cruz County Animal Shelter for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorney fees. Such collection costs are in addition to any required costs, penalties, interest and late charges.

(c) In addition to all of the procedures set forth in this section, the Animal Shelter General Manager shall have the ability and discretion to impose necessary conditions, to forgive portions of a debt or penalty owed to the Santa Cruz County Animal Services Authority under this chapter, and to otherwise coordinate collection and enforcement efforts. A written finding explaining the basis for each action taken pursuant to this subsection shall be prepared and maintained by the Animal Shelter General Manager, or his or her designee.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

6-1.1216 Civil or criminal actions not affected.

Any administrative citation pursuant to this chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate a public nuisance or violation or prevent the City from seeking compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.

(§ 1, Ord. 1308-14 (CM), eff. September 25, 2014)

Chapter 1ANIMALS*

6-1.101 Scope.

6-1.102 Animal.

6-1.103 Animal shelter.

6-1.104 At large.

6-1.105 Cat.

6-1.106 Dangerous animal.

6-1.107 Director of Animal Control.

6-1.108 Dog.

6-1.109 Impounded.

6-1.110 Leash.

6-1.111 Owner.

6-1.112 Pet shop.

6-1.113 Potentially dangerous dog.

6-1.114 Public nuisance.

6-1.115 Unlicensed dog.

6-1.116 Vicious dog.

6-1.117 Wild animal.

6-1.201 Animal shelter established.

6-1.202 Badge of Director of Animal Control: Interference with Director of Animal Control.

6-1.203 Enforcement.

6-1.204 Authority to enter premises.

6-1.205 Impoundment duties.

6-1.206 Certificate of antirabies vaccination.

6-1.301 Disposition of impounded animals.

6-1.302 Animal shelter fees.

6-1.303 Hearing regarding lawfulness of impoundment.

6-1.304 Reclaiming animals.

6-1.305 Records of impounded animals.

6-1.401 Licenses and tags.

6-1.402 Licenses: Term: One year, corresponding to date of vaccination.

6-1.403 Licenses: Applications: Term: Form: Transferability.

6-1.404 License fees: Late fees.

6-1.405 Tag specifications: Records.

6-1.406 Tag specifications: Failure to comply: Impoundment.

6-1.407 Duplicate tags.

6-1.408 License fees: Exemptions.

6-1.409 Vaccination requirements and exemptions.

6-1.410 Care and control of female dogs.

6-1.411 Quarantine of dogs and cats.

6-1.412 Number of dogs and female dogs allowed.

6-1.413 Transfer of ownership or possession: Notices.

6-1.414 Leash required.

6-1.415 Trespassing.

6-1.416 Wastes.

6-1.417 Microchip of dogs and cats.

6-1.501 Animals at large.

6-1.502 Animals and unenclosed premises.

6-1.503 Animals kept in enclosure.

6-1.504 Tying animals to trees.

6-1.505 Nuisances.

6-1.506 Right to take possession of neglected animals.

6-1.507 Bees.

6-1.508 Food poisoning.

6-1.509 Permits required to keep livestock.

6-1.510 Fowl, goats, and rabbits.

6-1.511 Research animals.

6-1.512 Wastes.

6-1.513 Unlawful animal noises.

6-1.601 Housing facilities.

6-1.602 Sanitation.

6-1.603 Food.

6-1.604 Name and telephone number posting.

6-1.605 Sale of dangerous or wild animals.

6-1.701 Dangerous animals at large.

6-1.702 Posting warnings of danger.

6-1.703 Dangerous dogs.

6-1.704 Possessing dangerous or wild animals.

6-1.705 Disposal of dangerous animals.

6-1.801 Keeping diseased or crippled animals.

6-1.802 Animals suspected of having rabies.

6-1.803 Physicians to report animal bite cases.

6-1.804 Disposal of animals.

6-1.805 Dead animals in public places.

6-1.901 Potentially dangerous dogs and vicious dogs.

6-1.902 Keeping potentially dangerous dogs or vicious dogs.

6-1.903 Owner or custodian duties.

6-1.904 Investigation.

6-1.905 Evidentiary hearings.

6-1.906 Dogs designated as potentially dangerous dogs or vicious dogs.

Chapter 1
ANIMALS*