Chapter 8.02
CUSTODY, CARE, AND CONTROL OF ANIMALS
Sections:
8.02.010 Animal care.
8.02.020 Animals not to be abused.
8.02.030 Keeping wild, exotic, and dangerous animals and reptiles.
8.02.040 Snakes.
8.02.050 Limitation on number of dogs and cats.
8.02.060 Running at large prohibited.
8.02.070 Impoundment of dogs running at large.
8.02.080 Control or containment.
8.02.090 Female dogs in heat.
8.02.100 Confinement of puppies.
8.02.110 Dogs and other animals in vehicles.
8.02.120 Dogs prohibited in food establishments.
8.02.130 Killing or butchering within residential areas prohibited.
8.02.140 Poisoning animals prohibited.
8.02.150 Staking animals.
8.02.160 Cage and pen requirements.
8.02.170 Sanitary enclosures.
8.02.180 Animals designated as public nuisances prohibited – Abatement procedures.
8.02.190 Sale of animals for experimentation.
8.02.200 Sales or gifts of animals.
8.02.210 Animals not to be given away as prizes.
8.02.220 Care of bees and beehives.
8.02.230 Sale of puppies and kittens.
8.02.240 Advertisements for sale and transfer of dogs and cats.
8.02.010 Animal care.
A. No owner shall fail to provide his or her animals with adequate feed and water, proper, clean, and sanitary shelter, protection from the weather and veterinary care when needed to prevent suffering. The humane care and treatment of all animals shall be maintained at all times.
B. Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope or chain, the tether shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal’s access to adequate shelter, food and water. Violation of this provision constitutes a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.020 Animals not to be abused.
No person shall beat, cruelly ill-treat, torment, tease, overload, overwork, or otherwise abuse an animal, nor cause, instigate, or permit any dogfight, cockfight, or combat between animals or animals and humans, excluding police canines, within the City, nor shall any parent allow or permit his or her minor child to so treat any animal. Violation of this provision constitutes a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.030 Keeping wild, exotic, and dangerous animals and reptiles.
No person shall have, keep, or maintain any wild, exotic, dangerous, nondomestic animal or reptile within the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.040 Snakes.
A. It shall be unlawful for any person to own any snake within City limits, unless specifically allowed by the State Department of Fish and Game. Any such permit required by the Department of Fish and Game for the keeping of any snake must be obtained by the owner and shown to the Animal Services Officer upon demand.
B. It shall be unlawful for any person to own and keep within the City any snake that is more than eight (8' 0") feet in length. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.050 Limitation on number of dogs and cats.
It is unlawful for any person to keep or harbor more than four (4) dogs or four (4) cats or a combination of both not to exceed a total of four (4), which are over the age of four (4) months on or in any lot, premises, dwelling, building, structure, boat, or living accommodation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.060 Running at large prohibited.
No person owning any dog or cat, or having the care, custody, control, or possession of any dog or cat shall suffer, allow, or permit such dog or cat to run, be, or remain at large on any public street, road, alley, park, square, school, or other public place or upon any private property other than the property of the owner or custodian of such dog or cat without the consent of the owner of such property, within the corporate limits of the City; and all dogs may be deemed running at large within the meaning of this section unless tied or restrained by chain, strap or cord, not to exceed six (6' 0") feet in length, attached to their collars and actually held by some person, or staked away from the public walkway or thoroughfare. Any such restraining device shall be of sufficient strength as to prevent being broken, severed, or otherwise rendered ineffective by the weight and/or strength of the dog; and every dog or cat found running at large in violation of the provisions of this section shall be immediately seized and impounded. Upon the second (2nd) impoundment for running at large the animal shall be required to be spayed/neutered. The cost will be paid for by the owner of the animal. For purposes of this section, any dog or cat in or upon any vehicle shall be deemed to be on the premises of the operator thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.070 Impoundment of dogs running at large.
The Animal Services Officer may seize and impound every dog found running at large or nuisance animals found to be in violation of this title. Those animals seized will be impounded at the animal shelter and confined there in a humane manner. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.080 Control or containment.
No person owning or having care, custody, control, or possession of any dog shall allow the dog to remain outside of a secure building or dwelling on the premises of the person unless the dog is within a fenced enclosure which is adequate to contain the dog, or unless the dog is securely tethered (for no longer than two (2) hours within a twenty-four (24) hour period) so as to prevent the dog from leaving the premises at will. Any dog so tethered shall be secured in such a manner as to be unable to cross the property line of such premises and shall further be restrained from entering onto any sidewalk, street, road or other such place designated for the use of the public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.090 Female dogs in heat.
It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him or her, to run at large or to run loose on or within the premises of such person, at any time during the period when the dog is in heat or breeding condition. “Running loose” is defined for the purposes of this section as being outside of a house, closed garage, or other closed building, whether tied or not. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.100 Confinement of puppies.
All dogs under four (4) months of age shall be confined to the premises of, or kept under physical restraint by the owner, keeper, or harborer. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.110 Dogs and other animals in vehicles.
A. A dog or any other animal in or upon a vehicle is deemed to be upon the property of the operator of such vehicle. No dog, except a dog assisting a peace officer engaged in law enforcement duties, or any other animal shall be transported on any public thoroughfare in any vehicle unless such dog or animal is totally enclosed within such vehicle, within a secured container carried upon such vehicle, or securely cross-tethered to such vehicle in such a way as to prevent a falling out of or off such vehicle, and to prevent injury to the animal.
B. No dog or any other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to temperatures sufficiently above ambient to affect the animal’s health and welfare. The Animal Services Officer may impound any animal found in violation of this section for the safety and protection of the animal and the public. In the event any animal is so confined, authority is given to the Animal Services Officer, or any other enforcing authority, to enter such vehicle by whatever reasonable force is necessary to release the animal without any liability upon the City or the enforcing authority for resulting damages. Violation of this provision constitutes a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.120 Dogs prohibited in food establishments.
No person shall allow, permit or take any dog (except service assistant dogs or dogs used by law enforcement officers) whether loose, on leash or in arms, into any restaurant, grocery store, farmers market, meat market, fruit store or food establishment of any kind in the City, except for service assistant dogs, which may be lawfully taken into any food establishment of the City unless prohibited by the management thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.130 Killing or butchering within residential areas prohibited.
No person shall kill or butcher any animal on any property with a residential zoning designation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.140 Poisoning animals prohibited.
No person shall place, leave, or expose, in any place accessible to any animals, with the intent to kill or harm such 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. Violation of this provision constitutes a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.150 Staking animals.
No person shall tie, hitch, or stake a horse, cow, sheep, hog, or any other animal upon, in, or along any public highway in this City so that the animal can go upon or across the used or traveled part of the highway or any portion of the used or traveled part of the highway. The animal cannot provide for a public nuisance or be a threat or danger to public safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.160 Cage and pen requirements.
No person shall keep or maintain any live animal in a cage, coop, hutch, pen, yard or space which is less than three (3) times as large in floor space and twice (2) the height as the total size of all live animals which may be kept therein, and which is not of sufficient height to permit each animal to stand in a natural erect position. This shall not preclude a veterinarian, any person(s) engaged in showing animals, or animal groomer from temporarily confining an animal in a smaller container for medical, showing or grooming purposes. Violation of this provision constitutes a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.170 Sanitary enclosures.
A. Every person keeping any animal shall at all times keep cages, coops, runs, pasture, or other enclosures wherein such animal is kept in a clean and sanitary condition, and shall remove excreta and manure there from every day, or as often as is necessary so as not to become a nuisance to any person in the neighborhood.
B. No person shall at any time maintain any lot or other premises, or any portion thereof, in the City, upon which any animal is kept in an unsanitary condition. No person shall maintain any such lot or other premises, or portion thereof, upon which any animal is kept, in such condition as to cause the same to be infested with flies or insects or to create any noxious or offensive odors. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.180 Animals designated as public nuisances prohibited – Abatement procedures.
A. Public Nuisance Prohibited. It is unlawful for any person to keep, have upon premises owned, occupied, or controlled by him or her within the City, any animal found to be a public nuisance as defined by this title.
B. Public Nuisance Abatement.
1. Whenever Animal Services or any of its Animal Services Officers has reasonable cause to believe that a public nuisance, as defined in this section, exists, the Animal Services Officer may conduct an investigation of such alleged nuisance.
2. If, upon such investigation, the Animal Services Officer determines that a nuisance does not exist, no further action shall be taken. If the complaining party wishes to pursue the matter, he or she may seek a civil claim.
3.a. If, upon such investigation, the Animal Services Officer determines that a nuisance exists, he or she shall issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the order, the Animal Services Officer may immediately issue a citation to the owner of the offending animal to appear in court.
b. In lieu of a citation by a witnessing peace officer, a complaint may be issued to the owner of person in custody of the animal causing the disturbance upon the request of any two (2) unrelated persons, living in different households, who are disturbed by the nuisance of the animal and in violation of Subsection a above. Said request shall be accompanied by declarations setting forth sufficient information to indicate that a violation of EGMC Section 8.01.020(F) has occurred in the presence of said persons.
c. Violation. Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance to exist thereon, after reasonable notice in writing from an Animal Services Officer, District Attorney, City Attorney or prosecuting attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly; and the existence of such nuisance of each and every day after the service of such notice shall be deemed a separate and distinct offense, and it is made the duty of the Animal Services Officer, or the City Attorney to prosecute all persons guilty of violating this section by continuous prosecutions until the nuisance is abated. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.190 Sale of animals for experimentation.
Neither the Animal Services Officer nor anyone in his or her employ shall knowingly sell or give any impounded animal to any person, firm, corporation, association, or school for the purpose of animal experimentation. Violation of this provision constitutes a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.200 Sales or gifts of animals.
No person under the age of eighteen (18) shall place any dog, cat, puppy or kitten on public display for the purpose of sale, offer for sale, barter or give-away upon any street, sidewalk, parking lot, shopping center walkway or other public place, and no transfer of any such animal shall be made to any person under the age of eighteen (18). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.210 Animals not to be given away as prizes.
No person shall give away any live animal, fish, reptile or bird as a prize for or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement, or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.220 Care of bees and beehives.
Any person who keeps beehives on their property must comply with zoning requirements set forth in the Zoning Code. All properties on which beehives are kept must provide for adequate water sources on the property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.02.230 Sale of puppies and kittens.
A. 1. Except as otherwise authorized under any other provision of law, it shall be unlawful for any person to sell one (1) or more puppy or kitten under eight (8) weeks of age, unless, prior to any physical transfer of the puppy or kitten from the seller to the purchaser, the puppy or kitten is approved for sale, as evidenced by written documentation from a veterinarian licensed to practice in California.
2. For the purposes of this section, the sale of a puppy or kitten shall not be considered complete, and thereby subject to the requirements and penalties of this section, unless and until the seller physically transfers the puppy or kitten to the purchaser.
B. 1. Any person who violates this section shall be guilty of a misdemeanor.
2. With respect to the sale of two (2) or more puppies or kittens in violation of this section, each puppy or kitten unlawfully sold shall represent a separate offense under this section.
C. This section shall not apply to any of the following:
1. An organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or any other organization that provides, or contracts to provide, services as a public animal sheltering agency.
2. A pet dealer as defined under Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code.
3. A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. [Ord. 17-2009 §3, eff. 9-25-2009]
8.02.240 Advertisements for sale and transfer of dogs and cats.
A. Any person who advertises to the public the availability of any dog or cat for sale or transfer, whether for compensation or otherwise, shall prominently display the license number as described in EGMC Section 8.03.010 in any such advertisement except as provided in subsection (A)(3) of this section.
1. If the person is selling a litter of puppies and/or kittens under the age of four (4) months, the license number of the animal who was bred must be displayed.
2. If the person is selling a dog or cat over the age of four (4) months, the license number of the animal who is being sold or transferred must be displayed.
3. If the person is selling a puppy or kitten under the age of four (4) months, the person selling the puppy or kitten shall disclose upon request to the new owner or the Department the name and address of the animal’s original owner.
B. The dog or cat license holder must provide the dog or cat license number to any person who purchases or receives any dog or cat from the license holder and include the license number on any receipt of sale or transfer document. If the animal being sold or transferred is a locally bred puppy or kitten under the age of four (4) months, the license holder must provide the license number of the animal who was bred on any receipt of sale or transfer document. If the puppy or kitten was bred from an animal residing outside the City’s jurisdictional boundaries, then the person selling the animal shall provide the name and address of the source of such dog or cat and any other pertinent information required by the Animal Services Officer.
C. No person shall present any dog or cat for sale or transfer, whether for compensation or otherwise, in any public place. The term “public place” shall include but not be limited to streets, highways, sidewalks, carnivals, flea markets, swap meets, outdoor markets, boardwalks, and areas in front of commercial establishments.
D. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game, or competition.
E. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.
F. A commercial establishment selling locally bred dogs or cats on the premises shall prominently display the license number(s) of the dogs and/or cats that are sold in said establishment and any other pertinent information required by the Animal Services Officer.
1. If the commercial establishment is selling a litter of puppies and/or kittens under the age of four (4) months, the license number of the animal who was bred must be displayed.
2. If the commercial establishment is selling a dog or cat over the age of four (4) months, the license number of the animal who is being sold or transferred must be displayed.
3. If the commercial establishment is selling a puppy or kitten under the age of four (4) months, the commercial establishment shall display the source or origin of the puppy or kitten. “Source or origin” refers to where the animal came from, which would include name and address.
4. If a commercial establishment is advertising the commercial establishment itself and not a particular animal for sale or transfer, then no license number is required to be displayed in said advertisement.
G. A commercial establishment selling dogs or cats on the premises that were bred within the State of California but not within the City shall make available during regular business hours to the Department the name and address of the source of such dogs and/or cats and any other pertinent information required by the Animal Services Officer.
H. No person shall sell or transfer a dog or cat under the age of four (4) months of age that was bred outside the state without first providing the Department with a current or valid California health certificate for each animal intended to be sold or transferred within the City and upon request provide the new owner with said California health certificate. [Ord. 17-2009 §4, eff. 9-25-2009]