Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.001    Purpose.

6.04.010    Definitions.

6.04.020    License and vaccination requirements—Generally.

6.04.030    Dogs running at large.

6.04.040    Restraint.

6.04.050    Animal care.

6.04.054    Motor vehicle striking animal.

6.04.060    Keeping of wild animals.

6.04.070    Performing animal exhibitions.

6.04.080    Animal waste.

6.04.090    Sterilization.

6.04.100    Licenses—When due—Application.

6.04.110    Licenses—Fee and tag.

6.04.120    Kennel and dog hospital licenses.

6.04.130    Lost, destroyed or mutilated tags—Duplicate tags.

6.04.140    Register of tags.

6.04.150    Duties of chief of police.

6.04.154    Impoundment or citation—Procedures.

6.04.160    Destruction of unredeemed animals.

6.04.170    Exemptions from dog license requirements.

6.04.180    Impoundment and recovery of dogs at large—Fees and charges.

6.04.190    Dogs suspected of having rabies.

6.04.200    Confinement of biting animals.

6.04.210    Destruction of rabid animals.

6.04.220    Quarantine of bitten animals.

6.04.230    Quarantine because of rabies.

6.04.240    Breeding.

6.04.250    Animals creating disturbing noises.

6.04.001 Purpose.

A.    The purpose of this chapter is to provide for the control of animals within the city and to encourage responsible pet ownership.

B.    Control of animals shall be accomplished by setting minimum standards of animal care and providing for the enforcement of this chapter.

C.    Responsible pet ownership shall be encouraged by providing incentives for spaying and neutering pets, a permit system for the breeding of cats and dogs and increased education on the benefits of these programs. (Ord. 93-11 § 1, 1993)

6.04.010 Definitions.

As used in this chapter, the following terms mean:

“Animal” means any live, vertebrate creature, domestic or wild.

“Animal shelter” means any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

“Auctions” means any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.

“Circus” means a commercial variety show featuring animal acts for public entertainment.

“Commercial animal establishment” means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel.

“Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.

“Humane officer” means any person designated by the county, the city, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.

“Kennel” means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

“Owner” means any person, partnership, or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

“Performing animal exhibition” means any spectacle, display, act or event other than circuses, in which performing animals are used.

“Pet” means any animal kept for pleasure rather than utility.

“Pet shop” means any person, partnership or corporation, whether operated separately or in connection with another business enterprise except for a licensed kennel, that buys, sells or boards any species of animal.

“Public nuisance” means any animal or animals which:

1.    Molests passersby or passing vehicles;

2.    Attacks other animals;

3.    Trespasses on school grounds;

4.    Is repeatedly at large;

5.    Barks, whines or howls in an excessive, continuous, or untimely fashion.

“Restraint” means secured by a leash or lead, or within the real property limits of its owner.

“Riding school or stable” means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.

“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

“Vicious animal” means any animal or animals that constitute a physical threat to human beings or other animals.

“Wild animal” means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in the wild state.

“Zoological park” means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person, partnership, corporation or government agency. (Ord. 90-4 § 1, 1990; Ord. 76-8 § 1, 1976)

6.04.020 License and vaccination requirements—Generally.

A.    Every person owning or having charge, care or control over any dog shall, after his dog attains the age of four months, annually secure from the city clerk a license and tag for said dog. Said tag shall be attached to a collar or harness upon such dog and during the term of said license shall remain so attached.

B.    Every person owning or having charge, care or control over any dog shall, immediately after his dog attains the age of four months and at intervals of not less than twenty-four months thereafter secure the vaccination of said dog by a licensed veterinarian with a canine antirabies vaccine of a type approved by the state Department of Public Health.

C.    All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the person owning or having charge, care or control of said dog; provided, however, that this subsection shall not be construed to prevent the sale or transportation of a puppy four months old or younger.

D.    The city clerk shall not issue a license to any person for any dog until such person has submitted evidence in writing that the dog has been vaccinated in accordance with the provision of this section. (Ord. 76-8 § 2, 1976)

6.04.030 Dogs running at large.

It is unlawful for any person owning or having charge, care or control of any dog, whether licensed and vaccinated or not, to suffer or permit any such dog to run at large on any public street, road, alley, park, square or place, or on any vacant or unenclosed lots or land within the incorporated area of the city. (Ord. 76-8 § 3, 1976)

6.04.040 Restraint.

A.    All dogs shall be kept under restraint.

B.    No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.

C.    Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.

D.    Every vicious animal, as determined by the animal control officer, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner. (Ord. 76-8 § 4, 1976)

6.04.050 Animal care.

It is unlawful for any person to:

A.    Fail to provide to animals owned by that person sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment;

B.    Feed feral or abandoned nonspayed/nonneutered cats, except to trap such cat for purposes of having spayed or neutered or for proper disposal. Any person feeding any feral or abandoned cat shall be responsible for such cat in the same manner as though such person owns such cat;

C.    Beat, treat cruelly, ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans;

D.    Abandon an animal owned or cared for by that person;

E.    Crop a dog’s ear, except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog’s health and comfort, and in no event shall any person except a licensed veterinarian perform such an operation;

F.    Sell chickens or ducklings younger than eight weeks of age in a quantity of less than twenty-five to a single purchaser;

G.    Give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrae as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade;

H.    Expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances for the purpose of exterminating rodents;

I.    Attempt to dispose of any animal or to dispose of any animal in any of the following manners:

1.    Where it is reasonably likely that a violation of California Penal Code Section 597, relating to the humane treatment of animals, will occur,

2.    Sell, offer for sale, barter, give away or exchange in a public place any dog, cat, fish, reptile, bird or other animals. “Public place” shall include, without limitation, streets, highways, fronts of places of businesses, carnivals, sidewalks and flea markets. (Ord. 93-11 § 2, 1993)

6.04.054 Motor vehicle striking animal.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. (Ord. 93-11 § 3, 1993)

6.04.060 Keeping of wild animals.

A.    No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.

B.    No person shall keep or permit to be kept any wild animal as a pet.

C.    The licensing authority may issue a temporary permit for the keeping, care, and protection of an infant animal native to this area which has been deemed to be homeless.

D.    The animal control officer shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival. (Ord. 76-8 § 6, 1976)

6.04.070 Performing animal exhibitions.

A.    No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.

B.    All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 76-8 § 7, 1976)

6.04.080 Animal waste.

A.    It is unlawful for any person having ownership, custody or control of a dog to fail promptly to remove and clean up excrement deposited by the dog on public property or the property of any other person.

B.    It is unlawful for any person having ownership, custody or control of a dog which is upon public property or the property of any other person, to not have in his or her possession material and/or a container with which to clean up promptly and remove any excrement which might be deposited by such dog. (Ord. 90-3 § 1, 1990)

6.04.090 Sterilization.

No unclaimed dog or cat shall be released for adoption without being sterilized, or without a written agreement from the adopter guaranteeing that such animal will be sterilized. (Ord. 76-8 § 9, 1976)

6.04.100 Licenses—When due—Application.

All licenses shall be due on the first day of May of each year, except as hereinafter provided. Each application shall state the age, sex, color and breed of the dog for which the license is desired and the name and address of the owner. (Ord. 98-13 § 1, 1998)

6.04.110 Licenses—Fee and tag.

A.    Every person owning or having charge, care or control over a spayed female or neutered male dog of the age of four months or over shall pay an annual license fee as established by resolution of the city council for each dog, if paid between May 1st and May 31st, inclusive, of each year or within thirty days after the owner of such dog established residence in Monterey County, or within thirty days after such dog established residence in the city, or within thirty days after such dog reached the age of four months; provided further, however, that such fee shall be as established by resolution of the city council if the owner acquired ownership, or such dog reached the age of four months on or after the first of January of each year, and the fee is paid within thirty days after residence is established, or ownership is acquired or age is reached.

B.    Every person owning or having charge, care or control over an unspayed female or unneutered male dog of the age of four months or over shall pay an annual license fee as established by resolution of the city council for each dog, if paid between May 1st and May 31st, inclusive, of each year or within thirty days after the owner of such dog established residence in the city, or within thirty days after such dog reached the age of four months, on or after the first of January of each year, and the fee is paid within thirty days after residence is established or ownership is acquired or age is reached.

C.    If the license fees set forth in subsections A or B of this section are not paid between May 1st and May 31st, inclusive, or within thirty days after the owner establishes residence within the city, or within thirty days after the dog reaches four months of age, as the case may be, a penalty as established by resolution of the city council shall be imposed and shall be paid by the owner in addition to the license fees so imposed. (Ord. 98-13 § 2, 1998)

6.04.120 Kennel and dog hospital licenses.

A.    Notwithstanding provisions in this chapter to the contrary, any person owning, or having charge, care or control over five or more dogs, which dogs have been vaccinated as hereinabove required, may obtain a kennel license at an annual license fee of fifteen dollars as established by resolution of the city council, in lieu of a license for each dog.

B.    Each commercial kennel or dog hospital shall pay a license fee of five dollars per year as established by resolution of the city council, which license fee shall be in lieu of licenses for all dogs temporarily in such kennel and not owned by the person or persons operating such kennel or hospital.

C.    Kennel licenses shall be issued for an annual period commencing on May 1st of each year and ending April 30th of the following year.

D.    No dog licensed under a kennel license shall be permitted to run at large except:

1.    While participating in hunting, dog shows, exhibitions or field trials, while under the control of the owner or handler; or

2.    While on agricultural lands owned or operated by the person obtaining the kennel license. (Ord. 98-13 § 3, 1998)

6.04.130 Lost, destroyed or mutilated tags—Duplicate tags.

In the event any tag issued hereunder is lost, destroyed or mutilated, the owner of the dog for whom it was issued may obtain a duplicate thereof upon the payment of a fee as established by resolution of the city council. (Ord. 98-13 § 4, 1998)

6.04.140 Register of tags.

The city clerk shall keep a register wherein shall be kept the name with the address of the owner to whom the tag is issued, a description of the dog, the number of the tag given, and the date thereof. (Ord. 76-8 § 14, 1976)

6.04.150 Duties of chief of police.

It shall be the duty of the chief of police of the city and such deputies as he may appoint for purpose, or any such agency designated so to do by an agreement or contract entered into by the city council pursuant to Government Code Section 6500, et seq., to seize or impound all dogs and other animals, whether licensed or unlicensed, found running at large on any public street, alley, park, square or place, or on any vacant or unenclosed lots of land within the corporate limits of the city. (Ord. 76-8 § 15, 1976)

6.04.154 Impoundment or citation—Procedures.

A.    Prior to any seizure or impoundment pursuant to Section 6.04.150 or Section 6.04.180 or citation for violation of Section 6.04.110, Licenses, or Section 6.04.240, Breeding, the city manager or designee shall:

1.    Provide the owner of the animal, if known, a copy of this chapter and schedule of fines for violation thereof;

2.    Provide the owner, if known, with written materials concerning responsible pet ownership, the extent of animal problems within the city, and a description of the incentives for owners for spaying or neutering pets;

3.    Issue a warning citation for the appropriate municipal code violation.

B.    For any second or subsequent violation of this chapter, the city manager or designee shall seize or impound the animal and issue any appropriate citation. (Ord. 93-11 § 4, 1993)

6.04.160 Destruction of unredeemed animals.

All dogs or other animals not reclaimed or redeemed within seventy-two hours may be destroyed in some humane manner after said dog is impounded seventy-two hours, place the same with some responsible person and convey a valid title thereto. Said seventy-two-hour period shall start to run on a currently licensed dog having thereon a license tag only after notice by first class mail shall have been mailed to the owner at the address given on his application for said license. (Ord. 76-8 § 16, 1976)

6.04.170 Exemptions from dog license requirements.

The provisions of this chapter requiring dog licenses shall not apply to:

A.    Any dog owned by or in the charge or care of a nonresident of the city traveling through the city, or temporarily sojourning therein for a period not exceeding thirty days, nor to any dog brought to the city exclusively for the purpose of entering the same in a dog show or dog exhibition, and entered for, and kept at any dog show or dog exhibition; provided, said dogs are not permitted to run at large;

B.    Any dog owned by a person moving into the incorporated area of the city which dog has been currently licensed by any of the cities of Monterey County, during such time said person was a resident of the city and shall have attached to its collar or harness a tag evidencing the existing unexpired license for such dog issued by said city; provided, such dog has been vaccinated with a canine antirabies vaccine of a type approved by the state Department of Public Health within the previous twenty-four months. (Ord. 76-8 § 17, 1976)

6.04.180 Impoundment and recovery of dogs at large—Fees and charges.

A.    Fees for impounding, boarding, dog-at-large, breeding permits and as otherwise provided for in this chapter shall be as established by resolution of the city council and updated periodically. Any such fees may provide for reduced fees where appropriate for example for low income households.

B.    Initial Impoundments.

1.    Licensed Sterilized Dogs. For a currently licensed dog that has been spayed or neutered, the reclaiming owner may be cited for dog-at-large fee, boarding and impounding fees.

2.    Licensed Unsterilized Dogs. For a license but unsterilized dog, the first-time impounding fee may be waived at the request of the reclaiming owner provided that, prior to the release of the dog, the “delivery to veterinarian” procedure, as defined below, is followed. An owner refusing to follow the “delivery to veterinarian” procedure shall pay all fees in full before release of the dog.

3.    Delivery to Veterinarian.

a.    The owner shall deposit the requisite spay neuter fee with a licensed veterinarian. In return, the veterinarian shall provide the owner with a receipt certifying that sterilization of the animal has been paid for and scheduled, or that health-related considerations preclude sterilization in which case any deposit shall be returned to the owner.

b.    Sterilization under this procedure shall take place no later than ten days after release of a dog of age six months or older. For younger animals, sterilization shall take place within ten days after reaching the appropriate age (six months). In the event of failure to meet the appropriate deadline, the deposit shall be forfeited and, after deducting reasonable costs, the veterinarian shall return the remainder to the city or its designee to be used for animal-related purposes.

4.    Unlicensed Dogs. There shall be one fee for spayed or neutered dogs at large and one fee for unspayed or unneutered dogs at large. Before release of an unlicensed dog, the reclaiming owner shall be required to obtain a valid dog license, pay all fees in full and, in cases of unsterilized animals, follow the “delivery to veterinarian” procedure or pay the dog-at-large fee.

C.    Subsequent Impoundments. Prior to release of any dog impounded for a subsequent time, a current license shall be required and all impoundment and boarding fees shall be paid. If the dog is unsterilized, the “delivery to veterinarian” procedure set forth above shall be followed, unless the dog-at-large fee is paid by the owner.

D.    If the owner of an impounded dog elects to abandon the dog, the owner shall be responsible for and shall pay the city or its designee impoundment and boarding costs, dog-at-large fees, euthanasia fee and all fees associated with the disposal of the animal. (Ord. 93-11 § 5 (part), 1993)

6.04.190 Dogs suspected of having rabies.

Whenever the owner or person having the custody or possession of a dog observes or learns that such dog shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, or if such dog bites any person, such owner or person having the custody or possession of such dog shall immediately notify the county director of public health or his representative, to make an inspection or examination of such dog until it is established to the satisfaction of said official that such dog has or has not rabies. (Ord. 76-8 § 19, 1976)

6.04.200 Confinement of biting animals.

Whenever it is shown that any dog has bitten any person, or whenever any dog has shown symptoms of rabies, or acts in such manner as to lead the county director of public health to believe that such might have rabies, the owner or person having possession of such dog shall, upon order of the director of public health, quarantine it and keep it tied up or confined for a period of fourteen days, and shall allow the director of public health, or his representative, to make an inspection or examination thereof at any time during such period, or in lieu of said confinement said owner or person having possession of such dog may have said dog confined in an establishment controlled and supervised by a licensed veterinarian for a period of not less than five days, after which said dog may be released from said veterinary establishment upon the certification of the veterinarian controlling or supervising said establishment that said dog displays no symptoms whatsoever of rabies, and upon vaccination and licensing if subject to vaccination and licensing under the provisions of this chapter. (Ord. 76-8 § 20, 1976)

6.04.210 Destruction of rabid animals.

If it appears to the director of public health, or his representative, upon the aforesaid examination that a dog or other animal has rabies, he may kill and destroy such animal forthwith. (Ord. 76-8 § 21, 1976)

6.04.220 Quarantine of bitten animals.

Whenever any animal is bitten by another animal having rabies, the owner or person having the custody or possession of the animal so bitten shall, upon being informed thereof, either destroy such animal or quarantine it, and keep it confined or tied up for a period of six months, and the director of public health or his representative shall have power in his discretion, to destroy or quarantine the animal so bitten, in case the owner or person having custody or possession thereof fails to do so immediately, or in case the owner or person having the custody or possession thereof is not readily accessible. (Ord. 76-8 § 22, 1976)

6.04.230 Quarantine because of rabies.

Whenever the disease known as rabies is developed in any dog or other animal in the incorporated area in the city, or whenever such dog or other animal is imported into or enters any portion of said incorporated area affected with rabies, the director of public health is authorized to declare a quarantine in a specified area in such incorporated territory which shall include the location where said animal or animals so affected with rabies are found and a sufficient area contiguous thereto to safeguard against the spread of said disease in said areas. Quarantine shall be defined for the purpose of this chapter as meaning the strict confinement, upon the private premises of the owners or an establishment controlled and supervised by a licensed veterinary, under restraint by a chain leash and chain collar or closed cage or paddock, of all animals specified by the quarantine order. The quarantine shall take effect from the date do declared by the director of public health and a notice shall be published at least once in the official newspaper of Monterey County and in any additional publication where it may appear to be in the interests of the public. Forthwith upon the declaration of such quarantine by the director of public health, he shall give notice in writing to the Marina police department and they shall cause to be gathered in and promptly destroyed all dogs which they or any of them may find other than those securely confined in such quarantined area as hereinabove described. (Ord. 76-8 § 23, 1976)

6.04.240 Breeding.

A.    For the purposes of this chapter, “breeding” is defined as sexual intercourse or artificial insemination of dogs or cats (and other animals), the result of which may be offspring.

B.    The breeding of dogs or cats within the city shall be discouraged. For the purpose of determining if the number of cats and/or dogs exceeds the number allowed under the appropriate zoning classification pursuant to the Zoning Ordinance (Title 17 of this code) any kitten or puppy more than two weeks old shall count as a cat or dog, as appropriate, making the owner in violation of this code, except as follows:

1.    If the owner is advised by a veterinarian, in writing, to allow the pet to breed for medical or health reasons;

2.    If the owner applies for and receives a breeding permit from the city, as described herein. The requirement for a breeding permit may be waived if, on the first occasion of such birth, satisfactory arrangements are made for the delivery of the litter to the city for humane disposition, the owner has the parent animal sterilized and proof of such actions is provided to the city or its designated representative.

C.    Upon completion of the appropriate application and payment of the fee established by resolution of the city council, a permit valid for one year may be issued pursuant to the following procedures and conditions:

1.    Animal housing and care provisions shall be in compliance with the State Humane Code.

2.    Any animal four months or older in the possession of permittee shall be maintained in a current status with respect to vaccination and license requirements.

3.    Permits shall apply to no more than one litter per adult female per year, regardless of litter size, except as provided in subdivision 4 of this subsection.

4.    Owners wishing to produce litters at a rate of higher than one per year may be issued a commercial breeding permit, upon completion of the appropriate application and payment of the fee established by resolution of the city council. The commercial breeding permit is not subject to the single litter limitation.

D.    The following requirements shall apply to the sale, adoption, giving away or other release of any puppy or kitten, or other animal within the city:

1.    Animals shall be seven weeks of age or older.

2.    Upon transfer of ownership, an animal shall have its health checked by a licensed veterinarian and will have received all appropriate vaccinations.

3.    Advertisements for the sale or giving away of animals from litters permitted under the provisions of this section shall show the seller’s breeding permit number, if any, as part of the advertisement.

E.    Notwithstanding the payment of fees and the obtaining of a breeding permit, no person shall be permitted to exceed the maximum number of pets set forth in the Zoning Ordinance. (Ord. 93-11 § 5 (part), 1993)

6.04.250 Animals creating disturbing noises.

A.    It is unlawful for any person to keep, maintain or permit on any lot or parcel of land, any dogs, cats, household pets, or any other animal which by any sound or cry shall habitually disturb the peace and comfort of any neighborhood.

B.    Whenever it shall be affirmed in writing by three or more adult persons living in separate dwelling units in the neighborhood that any dog, cat, household pet, or any other animal is a habitual nuisance by reason of howling, barking, or other noise, or is in any other manner causing undue annoyance, that shall constitute a violation of this section and a public nuisance. (Ord. 94-13 § 1, 1994)