CHAPTER 6.
ANIMALS AND FOWL.

Article 1. In General.

§ 6-1.    Animals running at large prohibited.

§ 6-2.    Fowl running at large prohibited.

§ 6-3.    Grazing, staking, etc., of animals in public prohibited.

§ 6-4.    Restrictions on keeping of animals generally.

§ 6-5.    Keeping of animals in connection with fairs.

§ 6-6.    Restrictions on keeping of domestic fowl.

§ 6-7.    Repealed.

§ 6-8.    Sale, display, etc., of chicks, ducklings, etc., prohibited; exception.

§ 6-9.    Games, etc., with animals as targets prohibited.

§ 6-9.1    Feeding of wildlife prohibited.

§ 6-9.2    Animal boarding disclosure requirements for facilities that do not have a fire detection system.

Article 2. Dogs.

Division 1. Generally.

§ 6-10.    Dogs running at large prohibited. (Ord 3392; 09/07)

§ 6-11.    Impoundment of dogs -- Generally.

§ 6-12.    Same -- Redemption; disposition of unclaimed, injured, etc., dogs.

§ 6-13.    Anti-rabies vaccination required.

§ 6-14.    Puppies to be kept under restraint.

§ 6-15.    Fees and charges for impounding and animal shelter services.

§ 6-16.    Certain acts prohibited.

§ 6-16.1    Dogs Prohibited at certain public events.

§ 6-16.5    Dogs in moving vehicles.

§ 6-16.6.    Dog excrement.

Division 2. Licenses.

§ 6-17.    Required.

§ 6-18.    Due date.

§ 6-19.    Application.

§ 6-20.    Fees.

§ 6-21.    Vaccination required prior to issuance.

§ 6-22.    Issuance; terms.

§ 6-23.    Attachment of license tag to dog.

§ 6-24.    Duplicates.

§ 6-25.    Notification to county of issuance.

§ 6-26.    Records to be kept.

§ 6-27.    Exceptions from requirements.

§ 6-28.    Vicious dogs.

ARTICLE 1.
IN GENERAL.

Sec. 6-1. Animals running at large prohibited.

No person shall allow any horse, mule, ass, kine, hog, sheep or goat to run at large within the City.

Sec. 6-2. Fowl running at large prohibited.

No chicken or other domestic fowl shall be allowed to run at large within the City.

Sec. 6-3. Grazing, staking, etc., of animals in public places prohibited.

No person shall cause any animal to be pastured, grazed, staked, tied or kept on any public street, alley or way, or on any public property, park, place or plaza in the City.

Sec. 6-4. Restrictions on keeping of animals generally.

No person shall keep any horse, cow, goat or sheep on private property within the City except in securely fenced areas, enclosures or corrals. No horses, cows, goats or sheep shall be kept in any such fenced area, enclosure or corral which is located within 75 feet of any other person’s dwelling, or any structure used for residential purposes, and unless at least 2,500 square feet of area is provided in such fenced area, enclosure or corral per animal; provided that the Chief of Police and the health officer may issue one of the following permits:

(a)    An annual permit for a calendar year, or portion thereof, when the fenced areas, enclosures, or corrals are located at least 50 feet from any other person’s dwelling, or any structure used for residential purposes, and have at least 2,500 square feet in area for each animal, and all adult residents within 300 feet of such area, enclosure of corral consent, in writing, to the issuance of such permit.

(b)    A temporary permit for not to exceed one week in any calendar month to permit such animals to be located in such fenced areas, enclosures or corrals, less than 75 feet but not less than 20 feet from another person’s dwelling, or any structure used for residential purposes, upon satisfactory evidence being furnished to him that the granting of such permit will not adversely affect the peace, health, safety and general welfare of the immediate neighborhood.

Sec. 6-5. Keeping of animals in connection with fairs.

Notwithstanding the provisions of this Chapter or any other ordinance of the City controlling or regulating swine, cows, goats, sheep, horses or other animals customarily shown at fairs, the 7th District Agricultural Association, and persons exhibiting at the 7th District Agricultural Annual Fair, held in the City, may for a period from one week before to one week after such fair show animals on such 7th District’s fairgrounds, subject to the rules and regulations of the 7th District Agricultural Fair Board.

Sec. 6-6. Restrictions on keeping of domestic fowl.

Any person keeping or maintaining any chicken or other domestic fowl within the City shall provide an enclosure of metal chicken wire, or other suitable material, of sufficient height and so constructed as to prevent the escape therefrom of any such fowl, and shall preserve such enclosure in good repair.

All chickens and other domestic fowl shall be kept and maintained securely in an enclosure as provided for in this Section.

Sec. 6-7. Keeping of bees prohibited.

Repealed by Ord. 3537.

Sec. 6-8. Sale, display, etc., of chicks, ducklings, etc., prohibited; exception.

No person shall display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl or animals as novelties or prizes, whether or not dyed, colored or otherwise artificially treated.

This Section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl or animals in proper facilities by dealers, hatcheries, or stores engaged in the business of selling the same to be raised for food purposes.

Sec. 6-9. Games, etc., with animals as targets prohibited.

(a)    No person shall offer to the public that game of chance known as Loopaduck, or any similar game where hoops, rings or similar devices are tossed or thrown at fowl or animals whether for consideration or otherwise, regardless of whether merchandise, money or other premiums are given as a reward.

(b)    No person shall own or possess any game or amusement device in which any live animal is caged, enclosed, or housed, if such cage, enclosure, or housing is within any building unless otherwise expressly permitted by law.

(6-9 (b) shall not apply to any such game currently in use as of October 1, 1994; such existing games shall be exempt from this regulation.)

Sec. 6-9.1. Feeding of wildlife prohibited.

(a)    No person shall feed or in any manner intentionally provide food as sustenance or to encourage domesticity in a non-domesticated animal with the exception of a bird feeder in the yard. A person may feed or provide food to wildlife under the following circumstances:

(b)    When the wildlife is maintained, treated or fed pursuant to a valid certificate or permit issued by the State of California or an agency of the U.S. Government.

(c)    When the wildlife is maintained, treated or fed between the time Animal Control or Humane Society is notified and the time the wildlife is picked up by an agency.

Sec. 6-9.2 Animal boarding disclosure requirements for facilities that do not have a fire detection system.

(a)    Definitions.

(1)    “Animal boarding” means:

a.    Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

b.    Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air conditioned.

c.    Animal Retail Sales. Retail sales that includes incidental boarding of animals, provided such activities take place within an entirely enclosed building.

(b)    Disclosure Requirements.

(1)    The business owner is required to install a sign.

The sign shall be not less than eight inches by 10 inches, with the first word printed in 50‑point bold type, and the remaining words at least 30-point type with the following statement:

ADVISORY

This building is not protected with a fire sprinkler or monitored fire alarm.

This sign shall be posted in a conspicuous place at the main entrance of the building.

(2)    Upon registration, the business owner is required to obtain a customer’s written acknowledgment that the building is not protected with a fire sprinkler or monitored fire alarm. (Ord. 3541 § 2, 2016)

ARTICLE 2.
DOGS.

Division 1. Generally.

Sec. 6-10 Dogs running at large prohibited.

It shall be unlawful for any person having the 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 or private property within the City.

All dogs shall be deemed running at large within the meaning of this Section unless led or restrained by a chain, strap, rope, or cord attached to their collars or harness and actually held by some person or made fast to some stationary object.

This Section does not apply to police dogs or dogs used by the City to control wildlife in public areas, during the time such dogs are engaged in these permitted activities. In addition, this Section does not apply to dogs located on private property enclosed by a fence or similar structure of which the owner of the dog has lawful possession, ownership or control, nor shall it apply to dog parks. (Ord. 3472 § 5, 2012; Ord. 3392, 2007)

Sec. 6-11. Impoundment of dogs -- Generally.

It shall be the duty of the Chief of Police, and any person as he may designate for the purpose, and the agency designated with the duty so to do by the joint powers agreement between the City and the County, to seize and impound all unlicensed dogs and all dogs found running at large within the City. Any police officer or person designated by the Chief of Police shall have the authority to issue citations under this Division.

Sec. 6-12. Same -- Redemption; dispositions of unclaimed, injured, etc., dogs.

All impounded dogs or other animals not reclaimed or redeemed within 72 hours may be destroyed in some humane manner by the agency designated in the joint powers agreement between the City and the County, or such agency may, after such dog or other animal is impounded for 72 hours, place the same with some responsible person and convey a valid title thereto. Such 72-hour period shall start to run on a currently licensed dog having thereon a license tag only after a postcard has been mailed by the agency to the owner at the address given on his application for a dog license; provided, that if such dog or other animal is seriously injured or ill, the agency may, with the consent of the public health veterinarian of the County, and to prevent further suffering, destroy such dog or other animal prior to the expiration of such 72-hour period.

Sec. 6-13. Anti-rabies vaccination required.

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 more than 24 months thereafter, secure the vaccination of such dog by a licensed veterinarian with a canine anti-rabies vaccine of a type approved by the State Department of Public Health.

Any dog may be exempted from the anti-rabies vaccination if its owner presents to the Animal Control Officer a statement in writing from a licensed veterinarian indicating the dog is not in a physical condition to be vaccinated or that the administration of the vaccination would be detrimental to the dog’s health. The following conditions shall apply to the exemption:

(a)    The dog owner signs a notice of understanding stipulating the dog will be restricted to the premises or kept under physical restraint of the owner at all times during the duration of the exemption; and

(b)    The owner agrees to pay the licensing fee to obtain the exemption; and

(c)    The owner agrees to obtain the vaccination within 10 days of the termination of said infirmity or disability; and

(d)    The owner agrees to annually renew the exemption and provide an updated written statement from a licensed veterinarian should the affliction continue; and

(e)    The owner agrees to allow the City to require a second opinion from another licensed veterinarian should the City desire to do so. (Ord. 3447 C.S. § 1, 2010)

Sec. 6-14. Puppies to be kept under restraint.

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 such dog; provided, that this Section shall not be construed to prevent the sale or transportation of a puppy four months old or younger.

Sec. 6-15. Fees and charges for impounding and animal shelter services.

Fees and charges shall be imposed as follows:

(a)    For each licensed dog wearing a current license tag, an impound fee of $10, and each dog not wearing a current license tag or a dog which has no license an impound fee of $15; for any other animal an impound fee of $5. In addition, there will be a fee of $2.50 for the boarding of a nonquarantined dog or cat.

(b)    For each dog or cat quarantined at the animal shelter, a charge of $3 per day for keeping and feeding such dog or cat.

(c)    For the impounding of animals other than dogs or cats, an impound fee of $5 per animal and in addition thereto, a charge equivalent to the costs incurred by the county for any special transportation required for moving such animals and for feeding them while impounded.

(d)    For each rabies vaccination of a dog performed by a veterinarian at the animal shelter, a fee of $7.50, and a fee of $8 for any other shot administered by a veterinarian at the animal shelter. A $2 fee will be charged for each vaccination performed at special reduced rate clinics.

(e)    For each dog or cat placed for adoption by the animal shelter, a refundable fee of $20 for the purpose of contributing to the spaying or neutering of such dog or cat, such fee to be refunded if such dog or cat is returned and surrendered to the animal shelter within 30 days. The person paying such $20 shall be given a certificate which, when endorsed by a licensed doctor of veterinary medicine showing the spaying or neutering of such dog or cat within six months of the date of certification, shall entitle such veterinarian, upon presentation of such certificate so endorsed, to a payment of $20 by the County.

(f)    There shall be no fee for the adoption of a dog, cat or other animal.

Sec. 6-16. Certain acts prohibited.

No person shall violate any provision of this Article or in any manner interfere or attempt to interfere with any duly authorized enforcement officer in the performance of any duty imposed by the provisions of this Article. No person shall unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions of the Article from the custody of the duly authorized enforcement officer. No person shall remove or attempt to remove from the public pound any dog or other animal impounded therein without having first redeemed the same as provided in this Article, or obtained the permission of an authorized enforcement officer to do so.

Sec. 6-16.1. Dogs Prohibited at Certain Public Events.

No person shall permit any dog in their possession or under their control to be present at any public event or place where the City Council has previously declared dogs to be prohibited and where adequate warning signs are posted. This provision shall not apply to a blind or visually impaired, deaf or hearing impaired, or disabled person accompanied by a properly leashed or harnessed guide dog, signal dog, or service dog. (Ord. 3424 § 3, 2009)

Sec. 6-16.5. Dogs in Moving Vehicles.

No person shall transport or carry in any public place or on any public street any dog or other domestic animal in a moving vehicle unless the dog or other domestic animal is either safely inside the closed passenger area of the vehicle, or enclosed or restrained within the vehicle by means of a container, cage, tether, or other device which will prevent the animal from falling from, jumping from, or being thrown from the confines of the vehicle.

Sec. 6-16.6. Dog Excrement.

No person having ownership, custody, possession, or control of a dog shall:

(a)    Suffer or permit the dog to deposit excrement on public property or the property of any other person not authorizing such conduct; or

(b)    Fail to promptly remove and clean up any excrement deposited by the dog on public property or the property of any other person not authorizing such conduct.

Division 2. Licenses.

Sec. 6-17. Required.

Every person owning or having charge, care or control over any dog shall, after the dog attains the age of four months, secure from the collector a license and tag for said dog.

Sec. 6-18. Due date.

Every person owning or having charge, care or control over any dog of the age of four months or over shall pay a license fee as set by resolution of the City Council, to be paid within thirty days after the owner and the dog establish residence in the City, or within thirty days after the dog reaches the age or four months.

Sec. 6-19. Application.

Each application for a dog license shall state the age, name, sex, color, spay/neuter status, and breed of dog for which the license is requested, and the name, address and telephone number of the owner. The license is not transferable and the license fee is not refundable.

Sec. 6-20. Fees.

Every person owning or having the charge, care or control over any dog of the age of four months or over shall pay a license fee as set by resolution of the City Council. The fee amount established for any license applied for where the applicant presents a certificate from a licensed veterinarian that the dog has been spayed or neutered shall be at least 50% less than the license fee established for any unspayed or unneutered dog. A penalty fee, as established by City Council resolution, shall be added to any license fee which is not paid within the time prescribed for payment.

Sec. 6-21. Vaccination required prior to issuance.

The collector 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 provisions of this Article.

Sec. 6-22. Issuance; terms.

The dog license fee shall be paid to the collector, who shall issue the license tag. The license period may range from one to thirty-six months, but the license shall not be issued for a period greater than the period of validity of the current rabies vaccination. A license application may be made 30 days prior to the expiration of a current license.

Sec. 6-23. Attachment of license tag to dog.

Any license tag issued pursuant to this Division shall be attached to a collar or harness upon the dog licensed thereby, and during the term of such license shall remain so attached.

Sec. 6-24. Duplicates.

In the event any tag issued hereunder is lost, destroyed, or mutilated, the owner of the dog for which it was issued my obtain a new tag for a fee as set by resolution of the City Council.

Sec. 6-25. Notification to County of issuance.

The collector shall notify the animal shelter of the County of the issuance of each license issued pursuant to this Article.

Sec. 6-26. Records to be kept.

The collector 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.

Sec. 6-27. Exceptions from requirements.

The provisions of this Division requiring dog licenses shall not apply to the following:

(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, that such dogs are not permitted to run at large.

(b)    Any dog owned by a person moving into the City which dog has been currently licensed by any of the cities of Pacific Grove, Carmel-by the Sea, Del Rey Oaks, Seaside, Soledad, Marina, Greenfield, Gonzales or by the County during the time such person was a resident of such city or county, and shall have attached to its collar or harness a tag evidencing the existing unexpired license for such dog issued by such city or county; provided, that such dog has been vaccinated with a canine anti-rabies vaccine of a type approved by the State Department of Public Health within the previous 24 months.

Sec. 6-28. Vicious dogs.

Any dog which has on one or more occasion bitten or otherwise injured any person other than his owner or a trespasser upon private property where such dog is kept, or any dog which has otherwise demonstrated on one or more occasion vicious, dangerous and/or fierce propensities such as, but not necessarily limited to, unprovoked threatening or molesting any person or causing substantial damage or injury to any public or private property, shall be a vicious dog within the meaning and intent of this Section.

No person shall suffer, permit, or allow such vicious dog to be on, in, or about any public or private property within the City (other than private of which the dog owner has lawful ownership or control) unless said dog is secured or restrained by a leash, rope, cord, or similar device attached to the collar or harness of the dog, which device is held by some person or attached to some stationary object. Provided, further, that such dog shall be muzzled at all times other than when upon private property of which the dog owner has lawful ownership or control.