Chapter 6.20
ANIMAL CONTROL REGULATIONS

Sections:

6.20.010    Keeping noisy animals—Prohibited.

6.20.020    Keeping of noisy animals—Complaints—Abatement.

6.20.030    Disposition of dead animals—Owner’s responsibility.

6.20.040    Disposition of dead animals—By poundmaster upon request.

6.20.050    Leash law.

6.20.060    Animals showing rabies symptoms—Responsibility of person having custody.

6.20.070    Menacing and aggressive animals—Animal owner and property owner responsibility.

6.20.010 Keeping noisy animals—Prohibited.

No person shall keep, maintain or permit on any lot or parcel of land any dogs, animals, poultry or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property. (Prior code § 4001)

6.20.020 Keeping of noisy animals—Complaints—Abatement.

Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood that any dog, animal, poultry or household pet is a habitual nuisance by reason of howling, barking or other noise, or is in any other manner causing undue annoyance, the poundmaster, if he or she finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance shall be abated or the animal shall be impounded. If such nuisance and annoyance cannot be successfully abated and the poundmaster determines it necessary to impound such dog, animal, poultry or household pet, he or she shall not permit the reclaiming or redemption of such to the owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or nuisance. (Prior code § 4001.1)

6.20.030 Disposition of dead animals—Owner’s responsibility.

It is unlawful for any owner or person who, having had the possession or control of any animal, dog, poultry and household pet while alive to place the body of such animal, dog, poultry and household pet, after its death, or cause to permit it to be placed or to knowingly allow or permit the same to remain, in or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot, premises or property of another. (Prior code § 4002.2)

6.20.040 Disposition of dead animals—By poundmaster upon request.

It shall be the duty of the poundmaster upon the request of any owner of any dead animal, dog, poultry or household pet which was kept or maintained in the city immediately prior to its death, or upon the request of any person or persons discovering a dead animal, dog, poultry or household pet upon his or her premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to bury or dispose of the same in such manner as maybe prescribed by the health officer. The poundmaster may charge and collect such fees as have been approved by the city council for the transportation and disposal of such animal, dog, poultry or household pet from the owner or person having had the possession or control of such if same can be ascertained. (Prior code § 4002.1)

6.20.050 Leash law.

A. It is unlawful for any person to suffer or permit any dog owned, harbored or controlled by him or her to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the incorporated area of the city unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at “heel” beside a competent person and obedient to that person’s command.

B. Dogs used on farms and ranches for the primary purpose of herding livestock are not required to be leashed or at “heel” beside their owner or person controlling the use of the dogs while on a public street, alley, lane or place of whatever nature open to and used by the public in the incorporated area of the city while herding such livestock and as long as the dogs are obedient to the commands of the person controlling their use for this purpose.

C. Notwithstanding any other provision of this code, no person shall allow any dog, whether on a leash or not, to be on any public street, alley, lane, sidewalk or other place open to and used by the public and for which an encroachment, sidewalk or street closure, or similar permit has been issued and the person(s) holding said permit have given reasonable notice that the presence of any dogs would interfere with the purposes for which the permit was issued. This prohibition shall not apply to guide or seeing-eye dogs. (Ord. 1121 § 1, 1988; prior code § 4111.0)

6.20.060 Animals showing rabies symptoms—Responsibility of person having custody.

A. Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of such animal shall immediately notify the county health officer. The county health officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence of or nonexistence of rabies in such animal is established by such veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital, or other adequate facility in a manner approved by the county health officer and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies, after which time such animal may be released by the county health officer.

B. The county health officer or his or her duly authorized representative is authorized and empowered to enter upon private property where any dog or other animal is kept, or believed by him or her to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease. (Prior code § 4114.0)

6.20.070 Menacing and aggressive animals—Animal owner and property owner responsibility.

A. It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.

B.  It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.

C. Upon notification of a violation of subsection A of this section, the animal owner(s) must immediately confine the animal to an enclosure or location which mitigates the aggressive and menacing behavior.

D. For the purposes of this section, the following definitions apply:

1. “Aggressive animal” means any animal whose observable behavior causes a person observing that behavior reasonably to believe that the animal may attack a person or another animal without provocation.

2. “Menacing animal” means any animal which, through its behavior, causes a person observing or subject to that behavior to be in reasonable fear for his or her safety, or the safety of animals kept by him or her. Police or military service canines being utilized in an official capacity are excluded from this definition.

3. “Severe bodily injury” means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses.

E. Penalties for violation:

1. Three hundred fifty dollars for the first violation.

2. Seven hundred dollars for the second violation of subsection A or B of this section within one year.

3. One thousand dollars for each additional violation of subsection A or B of this section within one year.

4. For the purposes of this section, a first violation of subsection A of this section will be deemed to have occurred if the menacing or aggressive animal is not confined as required by subsection C of this section within twenty-four hours of notification; a separate violation of subsection A of this section shall be deemed to exist for each twenty-four-hour period following notification in which an animal’s menacing or aggressive behavior continues unmitigated.

5. Where criminal enforcement of this section is pursued, any violation of this section shall be deemed a misdemeanor, notwithstanding Section 1.12.060.

F. Liability of Property Owners. Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection A of this section, provided that they have received at least fourteen days’ prior written notice of the existence of such violation and the violation has not been abated. No penalty shall be imposed upon the property owner if the property owner can demonstrate, within fourteen days following notification that a violation has occurred, that the property owner has initiated action to abate the illegal activity on the property. (Ord. 1581 § 1, 2012)