CHAPTER 9.08
ANIMAL KEEPING AND OWNERSHIP
9.08.010 Ownership.
It is permitted that any person who signs an application for a license or permit for any animal pursuant to this title is the owner of the animal or animals described in the application. Applications shall be signed by persons eighteen years of age or older. (Ord. 2185 NCS §2 (part), 2004.)
9.08.020 Commercial kennels and catteries.
No person shall keep a private or commercial kennel or cattery, as those terms are defined in this title, as within the city limits except in zone districts in which commercial kennels and catteries are permitted by the restrictions and requirements of that ordinance. (Ord. 2185 NCS §2 (part), 2004.)
9.08.030 Beehives prohibited.
The keeping of a bee colony or maintaining an apiary in the city is permitted only in accordance with the following:
A. No more than two bee colonies are permitted per household;
B. All hives must be framed and moveable;
C. All hives must be kept a safe distance away from pedestrian walkways and pedestrian traffic, and so as to not constitute a nuisance.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.08.040 Keeping live hogs, pot-bellied pigs, and swine prohibited.
A. It is unlawful and a public nuisance for any person to keep any live hog or other swine within the city limits for a period of time longer than twenty-four hours.
B. Notwithstanding anything to the contrary in this section, the keeping of potbellied pigs is permitted only in accordance with the following:
1. No more than two potbellied pigs may be kept per household within the city;
2. The total combined number of potbellied pigs and dogs kept per household shall not exceed four;
3. All potbellied pigs over four months of age must be spayed or neutered, unless a licensed veterinarian recommends in writing against such procedure because it would be detrimental to the health of the animal.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.08.050 Keeping domestic birds.
It is unlawful for any person to keep on any premises in the city any domestic bird as defined in Section 9.04.020, unless such birds are kept in an enclosure. No part of such enclosure shall be within twenty-five feet of any dwelling houses occupied by human beings other than the person’s own dwelling; provided, however, that a domestic bird may be kept temporarily at a pet shop or other place of business for purposes of sale. (Ord. 2185 NCS §2 (part), 2004.)
9.08.060 Sanitation of bird enclosures.
It is unlawful for any person to keep domestic birds on any premises, unless coops and enclosures in which such birds are kept are maintained in a sanitary manner and are regularly cleaned at least once each week, in order to prevent any accumulation of manure or offal. Violation of this section constitutes a public nuisance. (Ord. 2185 NCS §2 (part), 2004.)
9.08.070 Birds, rabbits, rodents and reptiles — Maximum number permitted.
No person shall keep or have upon any premises owned, occupied or controlled by him/her within the city, domestic birds, rodents or reptiles exceeding at any one time twenty in number. Such number shall be construed to mean twenty in the aggregate or total of number of such animal, regardless of the particular kind or age of the animal. No person shall keep or have upon any premises owned, occupied or controlled by him/her within the city at any one time twelve or more rabbits. (Ord. 2185 NCS §2 (part), 2004.)
9.08.080 Sanitation of dog shelters and other animal enclosures.
It is unlawful for any person to maintain any animal on his premises in a manner so as to cause the accumulation of manure, offal or feces, which cause the attraction of flies or vermin, or create smells which interfere with the use and enjoyment of any neighboring properties. All yards and other enclosures in which dogs or other animals are kept shall be maintained in a sanitary manner and regularly cleaned at least once a week to prevent the accumulation of manure, offal or feces. (Ord. 2185 NCS §2 (part), 2004.)
9.08.090 Location of dog shelters and other animal enclosures.
All dog shelters, domestic fowl enclosures, pens and other animal enclosures shall comply with the location requirements specified in the Petaluma zoning ordinance. (Ord. 2185 NCS §2 (part), 2004.)
9.08.100 Straying of domestic birds or livestock.
It is unlawful for any owner and/or possessor of any domestic bird or livestock to suffer or permit the same to stray from premises and to enter or remain on public property, including any highway or street, or onto private property whose owner or occupant has not provided permission for entrance upon his premises. The owner and/or possessor of such animals shall be liable to the city for the salary, costs and expenses incurred by the city in restraining, capturing or rescuing domestic birds or livestock which have strayed from the premises of the owner/possessor thereof. (Ord. 2185 NCS §2 (part), 2004.)
9.08.110 Entry of dog on premises maintaining livestock or fowl.
No owner and/or possessor of a dog shall suffer or permit the dog to enter upon the premises of another person where livestock or domestic fowl are maintained without the consent of the owner or occupant of the premises. (Ord. 2185 NCS §2 (part), 2004.)
9.08.120 Confinement of dog during heat.
Any person owning and/or possessing a female unspayed dog in heat shall securely confine the dog within an enclosure, unless the dog is under the immediate physical restraint of its owner and/or possessor to prevent unplanned access by male dogs or attraction of male dogs in the vicinity. (Ord. 2185 NCS §2 (part), 2004.)
9.08.130 Animals at large.
A. It is unlawful for any owner and/or possessor of any animal to suffer or permit such animal to be at large as defined in this section. Violations of this section are subject to citation and the animal at large is subject to impoundment as authorized by Chapter 9.28.
B. In the case of dogs, "at large" means a dog that is not on the premises of its owner and/or possessor or the premises of another without permission of the owner or occupant thereof, or not under physical restraint by a person capable of controlling the dog by means of a leash not exceeding six feet in length. This definition shall not apply to:
1. Guide or service dogs while performing their duties for blind, hearing impaired and physically disabled people;
2. Dogs participating in field or obedience trials or animal exhibitions;
3. Dogs assisting their owner and/or possessor in legal hunting or the herding of livestock;
4. Dogs assisting a security guard or assisting a peace officer engaged in law enforcement duties;
5. Areas within the city specifically set aside and posted for the exercise of animals.
C. In the case of animals other than dogs, "at large" means an animal which is off the premises of its owner and/or possessor while not under the physical restraint of a person capable of controlling the animal. This definition shall not apply to any animal which is on the premises of another person with the consent of the owner or occupant thereof.
D. In the case of any animal, "at large" also means an animal which is tethered, leashed or otherwise present on property which is not owned or controlled by the owner and/or possessor of the animal without the permission of the owner or occupant thereof.
E. In the case of any animal, "at large" also means an animal which is tethered or leashed on any city street, or other city property not set aside for such tethering or leashing in such a way to block a public walkway or thoroughfare.
F. No person owning or otherwise having a cat over four months of age in his/her possession shall cause, permit or allow such cat to be unconfined in or upon any public street, road, alley or other public or private place, including the exterior yards of the animal owner’s property, unless such cat is spayed or neutered. An animal control officer may seize and/or impound every cat found in violation of this section and shall require owners of the cat to either spay or neuter the cat or to produce a certificate of sterilization signed and dated by a veterinarian which lists the veterinarian’s name, clinic’s name, address, telephone, license number, pet name, age, breed and adequate description of the cat. When a person is cited or an animal impounded under this section, the owner of the cat, if known, shall be notified in writing and given seven calendar days to request a hearing to determine if such sterilization should be held in abeyance.
G. Mandatory Spay/Neutering and Microchipping of All Dogs at Large. Except as provided in subsections (G)(1) through (3) of this section, all dogs over six months of age cited for being "at large" in violation of this Section 9.08.130 shall be spayed or neutered and microchipped at the owner's expense. Written verification from the veterinarian performing the surgery and microchipping must be provided by the owner to animal services within seven days of the procedure.
1. Dogs that have been trained in accordance with all applicable laws and regulations and that are actually being used in accordance with applicable law: (a) by public law enforcement agencies for law enforcement activities; (b) by any person as assistance dogs such as service dogs, guide dogs, signal dogs or social dogs; (c) by search and rescue agencies for search and rescue activities; or (d) by any person for herding of other animals, as livestock guardian dogs or hunting dogs.
2. Dogs certified by a licensed veterinarian as having a health reason for not being spayed or neutered.
3. Dogs boarded in a licensed kennel or a business that boards such animals for professional training or resale.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.08.140 Unlawful conduct.
A. No person shall refuse to present any animal located on his premises for inspection by an animal control officer acting within the scope of his authority under this title, any other provision of this code, the Petaluma zoning ordinance or the laws of this state when so directed by the officer.
B. No person shall refuse to exhibit to an animal control officer acting within the scope of his authority under this title, any other provision of this code, the Petaluma zoning ordinance or the laws of this state, any dog license or tag, or rabies vaccination certificate which is in his possession when so directed by the officer.
C. No person shall knowingly interfere with, obstruct or hinder any animal control officer in the discharge of any of the duties imposed upon such officer pursuant to this title, any other provision of this code, the Petaluma zoning ordinance or the laws of this state.
D. It is unlawful for the owner and/or possessor of an animal to fail to relinquish the animal to the animal control officer for impoundment when impoundment of the animal is authorized pursuant to this title or the laws of this state.
E. Any person who apprehends or picks up a stray or apparently lost animal shall report the same to the animal shelter within twenty-four hours and shall release such animal to the owner or to the animal shelter upon demand. The person shall provide animal services with a complete description of the animal, its location and a means to contact the person keeping the animal.
(Ord. 2185 NCS §2 (part), 2004.)
9.08.150 Animals and vehicles.
A. No owner and/or possessor of a dog or other animal shall leave the animal in a motor vehicle without adequate ventilation, or in such a manner as to expose the animal to extremes of heat and cold. The animal control officer may remove and impound an animal from a vehicle if the animal’s safety appears to be in immediate danger from heat or cold or lack of adequate ventilation.
B. No owner and/or possessor of a dog or other animal shall transport the animal on any public street or highway in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a container, cage, rope, chain or other device capable of preventing the animal from falling from or jumping from the vehicle.
(Ord. 2185 NCS §2 (part), 2004.)
9.08.160 Tethering a dog.
A dog may not be restrained for more than eight hours in a twenty-four hour period.
A. The tether or chain provided must be at least ten feet in length, with swivels at both ends, and be properly attached to a pulley or trolley mounted on a cable which is also at least ten feet in length and mounted at least four feet and no more than seven feet above the ground level in a manner so as not to interfere or become entangled with objects on the property.
B. A chain or tether used to restrain the dog must, by design and placement, be unlikely to become entangled.
C. Any tethering system used shall not allow the dog or puppy to leave the property of the owner or possessor.
D. No chain or tether shall weigh more than one-eighth of the dog or puppy’s body weight.
E. Any chain or tether shall be attached to a properly fitting flat collar or harness worn by the dog or puppy. The use of chain or pinch collars is prohibited.
F. The chained or tethered dog must have constant access to necessary shelter and water.
(Ord. 2185 NCS §2 (part), 2004.)
9.08.170 Animal wastes.
A. No owner or person otherwise having an animal in his care, charge, control, custody or possession, except a disabled person using an assistance dog, shall permit or allow any animal to do any of the following:
1. Defecate on any public street or other public property without immediately cleaning or removing the excrement to a proper receptacle.
2. Defecate on any private property other than of its owner without the consent of the owner, lessee or other person in control of the private property.
B. Any person owning or otherwise having an animal in his care, charge, control, custody or possession on any public street or other public property shall carry a tool or device to be used for cleaning or removing animal excrement. This tool or device shall be presented to the animal control officer upon demand.
(Ord. 2185 NCS §2 (part), 2004.)
9.08.180 Dog barking and other animal noise.
A. No person shall keep or permit to remain in any premises within the city any animal which continuously and incessantly produces noise at any time during the day or night to the disturbance of any other person.
B. "Continuous and incessant noise" means producing noise for an aggregate period of ten minutes or more duration during any one-hour period which disturbs the peace of another person, including barking, howling, crying, baying, squealing or making any other noise; provided, that at the time of the complaint, no person or persons were trespassing or threatening to trespass upon the private property of the owner or person in custody or control of the animal, or the animal was not being teased or provoked in any manner.
C. An animal control officer shall investigate any reported incident regarding continuous and incessant animal noise.
1. During that investigation, the animal control officer shall compose a report to be permanently retained pursuant to adopted procedures. The report shall be signed under penalty of perjury by the animal control officer.
2. The animal control officer shall append to the report the statements of witnesses, victims and the animal owner. These statements shall also be signed under penalty of perjury.
3. The animal control officer shall require witnesses, victims and the animal owner(s) to maintain a bark/noise log. The bark/noise log shall list times and durations of barking/noise and shall be signed under penalty of perjury.
D. A rebuttable presumption that an animal has continuously and incessantly produced noise constituting a public nuisance shall be deemed to exist when either of the following occurs:
1. At least two individuals, from separate residences, sign a declaration under penalty of perjury witnessing to facts indicating a violation of this section; or
2. Any law enforcement officer or animal control officer personally witnesses a violation of this section.
E. Such noise constitutes a public nuisance and each day that the animal is suffered or permitted to continue the aforedescribed noise constitutes a separate offense.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.08.190 Selling or giving away of animals is prohibited.
No person shall publicly sell, offer for sale, barter, give away or display for sale any animal within the city limits, except as follows: This section shall not be construed to prohibit the sale/adoption of any dog, cat or any other animal by pet stores engaged in the business of
selling them; nor shall this section be construed to prohibit the sale or gift of a pet, or its offspring, by the owner or family of the owner, from or on private agricultural or residential property; nor shall this section prohibit such display or sale from or on the premises of an animal shelter or other animal organization. (Ord. 2185 NCS §2 (part), 2004.)
9.08.200 Animals with infectious diseases.
No person that owns or has possession or control of any animal which is affected by any disease that is contagious and/or infectious to either animals or humans, shall allow the animal outside an enclosure or place where it can come into contact with other animals of like kind or humans that could become infected. (Ord. 2185 NCS §2 (part), 2004.)
9.08.210 Feeding of wildlife.
A. It is unlawful to feed wildlife or leave food accessible to wildlife within any city park.
B. Wildlife is defined to include any feral animal, including but not limited to, ducks, geese, raccoons, squirrels, skunks, and/or deer.
(Ord. 2185 NCS §2 (part), 2004.)