Chapter 6.04
ANIMAL CONTROL REGULATIONS

Sections:

6.04.010    Adoption of county regulations.

6.04.020    Administration—Subject to contract.

6.04.030    City not liable for destruction of animals.

6.04.040    Dog licenses.

6.04.050    Barking dogs.

6.04.060    Animals at large prohibited.

6.04.070    Removal of animal excrement.

6.04.010 Adoption of county regulations.

The council adopts by reference the Napa County ordinances codified in Chapter 6.04 of Title 6 of the Napa County Code relating to animal control, as modified in this chapter. A current copy of this chapter shall be kept on file with the city clerk. (Ord. 01-9 § 1 (part): prior code § 3.1)

6.04.020 Administration—Subject to contract.

The adopted county ordinances shall be administered in accordance with and subject to a contract by and between the city and county. A current copy of this contract shall be kept on file with the city clerk. (Ord. 01-9 § 1 (part): prior code § 3.2)

6.04.030 City not liable for destruction of animals.

In the event that the animal control officer as defined under the Napa County ordinance, or a St. Helena police officer injures or destroys any animal while discharging any firearm or tranquilizer gun, or using any weapon or device to control any animal in the exercise of the officer’s duties under this chapter or pursuant to the contract referred to in Section 6.04.020, the city shall have no liability. (Ord. 01-9 § 1 (part): prior code § 3.3)

6.04.040 Dog licenses.

Section 6.04.110 of the Napa County Code is modified for the purposes of this chapter to read as follows:

Sec. 6.04.110 Dog licenses—Required—Exceptions.

Subject to compliance with Section 6.04.130(A), every dog more than four months of age within the City shall be licensed annually by its owner, except that no dog licenses shall be required for:

(a)    A dog which is sent or brought into the City for a period not to exceed 60 days; or

(b)    A dog which is sent or brought into the City for the exclusive purpose of receiving veterinary care in a veterinary hospital, provided that the dog is kept at the hospital at all times.

(Ord. 01-9 § 1 (part): prior code § 3.4)

6.04.050 Barking dogs.

A.    No person shall knowingly keep or harbor any dog that habitually barks, howls or yelps and thereby causes great discomfort of the peace and quiet of the neighborhood or materially disturbs or annoys a reasonable person in the neighborhood. Such dogs are declared to be a public nuisance.

B.    Whenever any reasonable person complains to the police department that a dog that habitually barks, howls or yelps is being kept by any person in the city, the police department shall notify the owner of such dog that a complaint has been received and that the person should take whatever steps necessary to alleviate the barking, howling, or yelping. If the warning given to the owner is ineffective, the police department may cite the owner of the dog for a violation of this section. (Ord. 01-9 § 1 (part): prior code § 3.5)

6.04.060 Animals at large prohibited.

Section 6.04.200 of the Napa County Code is deleted and section 6.04.190 of the Napa County Code is modified for the purposes of this chapter to read as follows:

Sec. 6.04.190 Animals at Large Prohibited.

(a)    An owner or person having custody, possession, or control of any animal shall not permit such animal to do any of the following:

1.    To be at large in or upon any public place or property or upon any unenclosed property of another without the consent of the owner or tenant in possession thereof unless the animal is leashed, chained, strapped, haltered, harnessed, or saddled by a substantial leash, chain, or lead rope. Such leash, chain, or lead rope shall be not more than fifteen feet in length and shall be either continuously held by some person competent to keep such animal under effective control or staked, fastened, or otherwise kept secured.

2.    To enter upon any private property without the consent of the owner or tenant in possession thereof, and it shall further be unlawful for an owner or person having custody, possession, or control of any animal, after receiving written notice via registered mail from any owner or tenant in possession of private property, to permit such animal to remain upon such property or to continue habitually to trespass thereon.

3.    “At large” means any animal off the premises of its owner and not under the direct control of the owner or some responsible person authorized by the owner. An animal is not “at large” within the meaning of this subsection if, while under the effective control of a competent person, it is being used to guard, herd, gather, or otherwise work animals, to assist in the lawful hunting or taking of animals, or in field trials, exhibitions, competitions, or parades, and as long as such animal does not wrongfully harm or damage any person, public property, or property of another.

(b)    In cases of violation of this section, the City Police Department is authorized to:

1.    Take up and impound any stray animals running at large, and/or

2.    Transfer unclaimed, diseased or vicious animals to the county pound, and/or

3.    Allow owners or persons entitled to possession of animals impounded to reclaim the animal.

The City Police Department shall charge fees associated with these activities, as set by City Council resolution.

(Ord. 01-9 § 1 (part): prior code 3.6)

6.04.070 Removal of animal excrement.

A.    An owner or person having custody, possession or control of any animal shall not permit such animal to defecate on any school ground, public street, alley, sidewalk, park or any other public grounds or on the private property of another unless such excrement is removed immediately.

B.    Any person walking or exercising an animal in or upon any public place or property or upon the property of another shall have in his or her possession an appropriate receptacle to retrieve any excrement should the animal defecate during such walk or exercise.

C.    Visually disabled persons who use seeing eye dogs are exempt from this section. (Ord. 01-9 § 1 (part): prior code § 3.7)