Chapter 8.12
CONTROL OF ANIMALS*
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Sections:
8.12.020 Barking or howling dogs.
8.12.030 Running at large prohibited – Leash required.
8.12.040 Dogs in public parks prohibited.
8.12.050 Vicious animals.
8.12.060 Dogs under four months to be confined.
8.12.070 Livestock or wild animals not permitted at large.
8.12.080 Fowl and rabbits not permitted at large.
8.12.090 All dogs found running at large may be impounded.
8.12.100 Animal control officer may impound dogs and other animals in prohibited areas.
8.12.110 Animal control officer may issue citations.
8.12.120 Notice to owner and disposition of impounded animals.
8.12.130 Redemption of impounded animals – Generally.
8.12.140 Redemption and disposal fees.
8.12.150 Holding period for impounded stray dog – Release of animal to nonprofit organization.
8.12.160 Impoundment for rabies quarantine.
8.12.170 Care of impounded animals.
*For dog licensing provisions, see Chapter 8.20 SMC.
8.12.020 Barking or howling dogs.
No person shall allow any dog which he owns, keeps, harbors, or controls in the city to bark or howl which can be heard more than 100 feet of the premises of the person who owns, keeps, harbors or controls the dog. (Ord. 2000-5 § 1, 2000).
8.12.030 Running at large prohibited – Leash required.
Every person owning or having charge, care, custody or control of any animal (except domestic cats, birds, fish or poultry) shall keep it exclusively upon his own premises; provided, however, that such animal may be off such premises if it is under the control of a competent person and restrained by a substantial chain or leash not exceeding eight feet in length. This subsection shall not apply to: (a) dogs herding farm animals on public lands; (b) an animal on the premises of another with the express permission of the owner or lessee thereof; (c) an animal being used by peace officers in pursuit of their duties. (Ord. 2000-5 § 1, 2000).
8.12.040 Dogs in public parks prohibited.
It is unlawful for the owner or person having control of any dog to suffer or permit the same, under any circumstances, to enter upon any public park or public square, except those specifically designated "Dog Park." (Ord. 2000-5 § 1, 2000).
8.12.050 Vicious animals.
Any person who possesses or harbors within the city any animal or household pet which he knows or has reason to know to be an animal with any vicious propensity shall keep such animal or household pet confined and strictly under his personal control at all times. Failure to confine and keep such animal or household pet within the strict control of the person who possesses or harbors it is a misdemeanor on the part of such person, and the animal or household pet, if let out of control and confinement, is subject to impoundment and forfeiture. For the purpose of this section, a vicious animal or household pet is any animal or household pet which the owner or possessor knows or has reason to know to have tendency to do any act dangerous to the safety and property of persons, without unusual provocation. The safety of persons under this section includes safety from reasonable apprehension by a menacing, threatening or unruly manner of behavior. Any animal or household pet which is known by the owner or possessor thereof to have bitten a human being without unusual provocation is conclusively presumed to be a vicious animal. (Ord. 2000-5 § 1, 2000).
8.12.060 Dogs under four months to be confined.
All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by the owner, keeper or harborer. Nothing in this title shall be construed to prevent the sale or transportation of a puppy four months old or younger. (Ord. 2000-5 § 1, 2000).
8.12.070 Livestock or wild animals not permitted at large.
No person owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, or hog, or any animal commonly referred to as a "wild species" shall:
A. Permit such animal to run at large in the city, or permit the same to enter upon any public park, public square, school ground or sidewalks:
1. Any animal described above found running at large may be, in accordance with Section 17041 of the Food and Agricultural Code, taken up as an estray, or in lieu thereof, impounded in the city pound. If impounded, the animal shall be released only upon payment of such impoundment fees as are fixed by resolution of the city council. Failure of the owner to pay any fees due within five days after impoundment shall result in forfeiture of the animal; or
B. Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place; or
C. Tie, stake or pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or
D. Permit any of the animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope or chain of sufficient strength to restrain to some permanent object of sufficient size, strength and weight to effectively restrain such animal; or
E. Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise neglect or abuse such animal so as to cause unnecessary or avoidable suffering. (Ord. 2000-5 § 1, 2000).
8.12.080 Fowl and rabbits not permitted at large.
No person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl, or rabbits, owned or controlled by him, to run or fly at large or to go upon the premises of any other person in the city without the permission of such other person. This section does not prohibit the keeping of ducks or other fowl or small animals in public parks, or other places specially set aside for public enjoyment where the exhibition of fowl and small animals is a permitted use on the land. (Ord. 2000-5 § 1, 2000).
8.12.090 All dogs found running at large may be impounded.
The animal control officer may seize and impound every dog found running at large in violation of this chapter and Chapter 8.20 SMC. (Ord. 2000-5 § 1, 2000).
8.12.100 Animal control officer may impound dogs and other animals in prohibited areas.
Every dog or other animal, except guide dogs for the blind, which enters upon any public park or public square, school ground or playground or other prohibited area within the city in violation of this chapter and Chapter 8.20 SMC, whether or not such dog is running at large, may be picked up and impounded by the animal control officer. (Ord. 2000-5 § 1, 2000).
8.12.110 Animal control officer may issue citations.
The animal control officer shall have the power and duty to investigate complaints of violation of any provision of this chapter and Chapter 8.20 SMC, and, upon having reasonable cause to believe that any person is guilty of such violation, may issue a citation to such person to appear in court to answer such charge. (Ord. 2000-5 § 1, 2000).
8.12.120 Notice to owner and disposition of impounded animals.
If any dog impounded under SMC 8.12.090 and 8.12.100 is found by the animal control officer to be duly licensed, the animal control officer shall immediately mail notice by certified mail to the registered owner of such dog at the address given in the license application for such dog. Any dog or other animal picked up and impounded pursuant to SMC 8.12.070, 8.12.080, 8.12.090 and 8.12.100 may be recovered by the owner only upon payment of the charges and costs of redemption of impounded animals as provided in SMC 8.12.140. Any licensed dog not recovered by the owner within seven days after mailing the notice shall be disposed of as though such dog were an unlicensed dog when impounded. (Ord. 2000-5 § 1, 2000).
8.12.130 Redemption of impounded animals – Generally.
Redemption of an impounded animal or household pet shall be made by exhibiting to the animal control officer any required license certificate or license tag issued by the animal control officer and otherwise by establishing ownership and by paying to the animal control officer the charges provided for by this chapter. Upon such redemption being made, the animal control officer shall release the animal or household pet. If an animal or household pet is sold, or released to another person, the owner of such animal or household pet may, at any time within 30 days after such sale or release, redeem the same from such purchaser or other person by paying to him the amount of the purchase price, if any, plus a sum equal to $0.25 per day from the date of such sale or release, to and including the date of redemption, except that no person may redeem an animal or household pet under this section if he actually received written notice of impoundment under SMC 8.12.120 and failed for a period of seven days after receipt of the notice to comply with the requirements for the release or redemption of the animal or household pet from impoundment. (Ord. 2000-5 § 1, 2000).
8.12.140 Redemption and disposal fees.
No dog or other animal or household pet shall be released by the animal control officer or his deputies until all charges, costs of redemption and the current year’s license charge, if any, have been paid by the owner. The charges and costs of redemption of impounded animal or household pets shall be as fixed by resolution of the city council. (Ord. 2000-5 § 1, 2000).
8.12.150 Holding period for impounded stray dog – Release of animal to nonprofit organization.
As provided in Section 31108 of the Food and Agriculture Code:
A. The required holding period for a stray dog impounded pursuant to this title shall be six business days, not including the day of impoundment, except as follows:
1. If the pound or shelter has made the dog available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.
2. If the pound or shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when the pound or shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. Except as provided in Section 17006 of the Food and Agriculture Code, stray dogs shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period.
B. Any stray dog that is impounded pursuant to this division shall, prior to the killing of that animal for any reason other than irremediable suffering, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled killing of that animal. In addition to any required spay or neuter deposit, the pound or shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals released. (Ord. 2000-5 § 1, 2000).
8.12.160 Impoundment for rabies quarantine.
If any person fails or refuses to obey any lawful order for the quarantine of an animal or household pet for observation of rabies, the animal control officer may impound the animal or household pet for such quarantine at the expense of the owner at the redemption rates set forth in SMC 8.12.140. (Ord. 2000-5 § 1, 2000).
8.12.170 Care of impounded animals.
The animal control officer shall provide all animals in his custody with proper food, water, and shelter and shall give them all necessary care and attention. (Ord. 2000-5 § 1, 2000).