Chapter 32.04
GENERAL PROVISIONS
Sections:
32.04.040 Condition of ownership.
32.04.050 Inhumane treatment and abandonment.
32.04.060 Disturbing peace/disposition of animals at large.
32.04.070 Committing nuisance.
32.04.010 Purpose.
The purpose of this title is to provide for the health and safety of the community through the enforcement and regulation of animal maintenance and ownership. It is unlawful for any person who keeps, possesses or maintains an animal within the City to fail to comply with the requirements of this title. (Ord. 1885; Ord. 1665)
32.04.020 Definitions.
For the purpose of this title, the following definitions shall apply:
“Altered” for a female animal means having had the ovaries and uterus surgically removed, or otherwise rendered incapable of reproduction in a medically approved manner. “Altered” for a male animal means having had the testicles surgically removed, or otherwise rendered incapable of reproduction in a medically approved manner.
“Animal” shall include but not be limited to birds, fishes, reptiles and nonhuman mammals.
“Animal shelter” means the City of Coronado Police Services animal holding facility.
“At large” means being on any private property without permission of the person who owns or has a right to possess or use the property; or unrestrained by a leash on either public property, unless expressly permitted by law, or private property open to the public; or in any place or manner which presents substantial risk of imminent interference with animal or public health, safety or welfare.
“Attack” means any action by an animal which places a person in reasonable fear of immediate bodily harm.
“Cat” means a Felis domesticus of either sex, altered or unaltered.
“City” means the City of Coronado.
“County” means the County of San Diego.
“County Veterinarian” means the County of San Diego Veterinarian, his/her agents or deputies with authority to enforce animal regulations within the City.
“Dangerous animal” means a dog or other animal which:
1. Has twice, within a 48-month period, attacked, bitten, or otherwise caused injury to a person or other animal engaged in lawful activity; or
2. Has once attacked, bitten, or otherwise caused injury to a person or other animal engaged in lawful activity, resulting in death or substantial injury; or
3. Has been declared a “dangerous dog or animal” by the Department.
“Department” means the City of Coronado Police Department, Director of Police Services or his/her agents, employees or deputies.
“Dog” means a Canis familiaris of either sex, altered or unaltered, or any other member of the Canis genus.
“Dog run” means an area designated by resolution of the City of Coronado. Within such areas dogs may be removed from their leashes and not be considered at large provided they remain under control of their owner/custodian.
“Guard dog” means:
1. A “sentry dog” as defined in the Dog Act of 1969 (Health and Safety Code Section 121880); or
2. Any dog furnished for hire for use in guarding, patrolling, or protecting any area, yard, or premises, with or without supervision, to deter or detain unauthorized persons. The term “hire” shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase.
“Guard dog operator” means:
1. A “sentry dog company” as defined in the Dog Act of 1969 (Health and Safety Code Section 121895); or
2. Any person who furnishes a dog for hire for use in guarding, patrolling, or protecting any area, yard, or premises, with or without supervision, to deter or detain unauthorized persons. The term “hire” shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase.
“Health Officer” means the County of San Diego Health Officer, his/her agents or deputies with authority to enforce animal regulations within the City.
“Impounded animal” means any animal in the lawful custody or control of the Department as provided in this title.
“Indoor housing facility” means any structure or building, housing or intended to house animals, which has the capability of controlling the environment within the enclosure created by the continuous connection of a roof, floor, and walls with at least one opening for entry and exit that is provided with a door or any movable structure used to close off the opening and typically consisting of a panel of wood, glass, metal, etc., which slides on rollers or swings on hinges; provided, however, that any openings which provide natural light shall be covered with a transparent material, e.g., glass, plastic, etc.
“Kennel” is a locale as defined elsewhere in this code.
“Kennel operator” means any person who owns, controls, or operates a kennel or any person who is responsible for or who participates in the control or operation of a kennel.
“Leash” means any rope, leather strap, chain or other material not exceeding six feet in length, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached.
“License” means a properly completed certification issued by the Department, the County of San Diego or another authorized agency. Department licenses shall include the dog or cat owner’s name, address, and telephone number; the dog or cat’s name and description, including breed, color, sex, month and year of birth; rabies vaccination date; license tag number and expiration date. Rabies vaccination information is not required for a cat license.
“License tag” means a piece of metal or other durable material inscribed with a number which has been issued by the Department or other authorized agency.
“Licensed cat” means a cat wearing its current cat license tag as required by this chapter.
“Licensed dog” means a dog wearing its current dog license tag as required by this chapter.
“Outdoor housing facility” means any structure or building, housing or intended to house animals which does not meet the definition of “indoor housing facility.”
“Owner” means any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. Ownership is also established by a person registering as the owner on a license or other legal document or by a person who claims to be the owner or custodian and who takes possession or custody of an animal.
“Potentially dangerous animal” means:
1. Any animal of a species or type likely to cause injury to a person or other animal; or
2. Any animal which has once within the prior 48-month period attacked, bitten, or otherwise caused a less substantial injury to a person or other animal engaged in lawful activity.
“Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, or compartment, exclusive of a kennel house.
“Protection dog” means any attack trained dog; any dog trained to guard, protect, patrol, or defend any premises, area, or yard; or any dog trained to protect, defend, or guard any person or property with or without the necessity of direct human supervision.
“Registered owner” means a person registered as the owner on a dog license or a person claiming ownership of an impounded animal and taking possession of it.
“Sanitize” means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents that are injurious to animal or human health.
“Stray” means an animal which is “at large.”
“Substantial injury” means a substantial impairment of the physical condition of a person which requires professional medical treatment, including but not limited to loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
“Vaccinated dog” means a dog inoculated with a California Department of Health Services approved, currently valid anti-rabies vaccine, and wearing a current dog license tag indicating proof of such vaccination.
“Veterinarian” means a person licensed in this State as a doctor of veterinary medicine or surgery.
“Wild animal” means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman primate, wolf/wolf hybrid, cougar, ocelot, wild cat, skunk, raccoon, ferret, venomous reptile, boa, python, anaconda, members of the order Crocodilia, or other such animal (ferae naturae) irrespective of its actual or asserted state of docility, tameness, or domesticity. (Ord. 2047 § 1, 2014; Ord. 1909)
32.04.030 Fees.
A. By resolution, the City Council may adopt, from time to time, fees for the administration of the provisions of this title.
B. Fees shall be charged and collected by the City for licensing, impounding, and other animal control services and enforcement. The owner of any animal which is lawfully impounded shall pay all fees and expenses related to such impoundment including, but not limited to, impound, board, vaccination, examination, and any medical treatment fees for the animal, whether or not the animal is claimed.
C. A list of currently adopted fees shall be maintained and available for public inspection at the Department, the animal shelter, or any other location approved by the Department for the collection of fees.
D. The owner or his or her agent shall pay the appropriate fee when due unless the Department, in accordance with City policy, authorizes a payment arrangement or waives such fees in full or in part.
E. Fees collected under this title shall be transferred to the general fund.
F. The person who owns, possesses or maintains any animal shall, at the Department’s discretion:
1. Reimburse the Department for all costs incurred by the Department in enforcing the provisions of this title against the person when the person has violated one or more of the provisions of this title; and
2. Be responsible for any injury or damage to private or public property caused by the animal(s).
32.04.040 Condition of ownership.
Animal owners or keepers shall comply with the following requirements:
A. Restrain and confine the animal as required by law;
B. Treat the animal humanely at all times;
C. Obtain vaccinations, licenses, and permits for the animal as required by law;
D. Keep animal premises sanitary and so as not to constitute a fly breeding reservoir, a source of offensive odors, or of human or animal disease; and
E. Not permit the animal or the animal premises to disturb the peace or constitute a public nuisance or hazard to public safety or health.
32.04.050 Inhumane treatment and abandonment.
A. No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer unnecessary torture or pain.
B. No person shall leave any domestic animal without care, or abandon it on any public or private property.
C. No person shall knowingly harbor or keep any dog or other animal with a serious injury or afflicted with mange, ringworm, distemper or any other contagious disease, unless such dog or other animal is, in the opinion of the Department or the County Veterinarian, being given adequate treatment for such disease. The Department or the County Veterinarian may take immediate possession of any such animal not being so treated or which is not responding to such treatment, and immediately dispose of the animal unless the owner shall forthwith place such animal under the control and treatment of a licensed veterinarian.
32.04.060 Disturbing peace/disposition of animals at large.
A. No person shall own or harbor an animal in such a manner that the peace or quiet of another person is unreasonably disturbed.
B. The keeping or maintenance, or the permitting to be kept or maintained, on any premises owned, occupied, or controlled by any person of any animal which, by any frequent or long continued noise, shall cause unreasonable annoyance or discomfort to any person of normal sensitivity in the vicinity shall constitute a violation of this section; provided, however, that nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated veterinary hospitals, humane societies, animal shelters, or kennel that has been issued a noise permit under this code.
C. No person owning, having an interest in, harboring or having the care, charge, control, or possession of any animal shall allow such animal to be, remain, go or run at large within the City, except that dogs are allowed to be off leash in dog run areas or other areas designated by resolution or ordinance of the City Council.
D. The Department may attempt to capture any animal found at large in violation of law and may destroy an animal at large if, in their judgment, such action is required for public health and safety, or for the safety of the animal. The Department shall not seize or impound any animal, however, for being at large that has strayed from, but then returned to, the private property of its owner or custodian, but in such case a citation may be issued; provided, however, that if in such a situation the owner or custodian is not home, the animal may be impounded, but the Department shall post a notice of such impounding on the front door or other appropriate entry location of the living unit of the owner or custodian of the animal.
E. Any person who finds an animal at large may take it into his/her possession and must as soon as possible, but no later than 24 hours thereafter, notify the Department and surrender the animal. No such action shall result in a charge against the City. The finder of the animal at large shall use reasonable care to preserve it from injury.
F. Any person who relinquishes an animal to the Department shall give his/her name, address and, if she/he is not the owner, the location where the animal was found. If a person relinquishes their own animal, they are responsible for payment of any fees that may have been established in connection with this action.
G. The Department shall hold an impounded animal for not less than three days if it was not wearing a license tag and there is no other means to identify an owner. If the animal is wearing a license tag or other identification, the Department shall hold the animal for not less than five days.
H. The Department may humanely dispose of or transfer to a new owner upon payment of the applicable fee, or transfer to an animal rescue or other suitable placement organization any impounded animal not claimed by its owner or custodian within the prescribed holding period. Animals relinquished by their owners may be destroyed or transferred to a new owner without regard to any prescribed holding period. Injured or diseased animals, or newborn animals unable to feed themselves, may be humanely destroyed by the Department or its designees without regard to the prescribed holding period in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease.
I. Any dog or cat not claimed by its owner and which has not been altered shall not be sold, transferred or given away unless the prescribed spay/neuter fees have been deposited with the Department to be refunded upon presentation of proof of altering by a licensed veterinarian.
J. The individual adopting any unaltered cat or dog shall have the altering performed within 30 days from the date of adoption unless the animal is under six months of age at the time of adoption. In such case, the individual shall have the altering performed by the time the animal is seven months of age. This shall not apply to any person who obtains a written certification from a licensed veterinarian stating that, due to health considerations, the animal should not be altered, or that in the professional judgment of the veterinarian, the animal has previously been altered.
K. The spay/neuter deposit shall be forfeited if such proof of altering or written certification has not been presented to the Department within the period specified. All such forfeited deposits shall be used for the purpose specified by Sections 30503 and 31751 of the California Food and Agricultural Code. (Ord. 2047 § 2, 2014)
32.04.070 Committing nuisance.
A. No person shall allow an animal in his/her custody to defecate or to urinate on any property other than that of the owner or person having control of the animal, except in a dog run as established in this title.
B. It shall be the duty of all persons having control of an animal to immediately remove any feces to a proper receptacle designated for public use, or in a private trash receptacle with the express consent of the owner.
C. A person having care, custody, control or possession of an animal, when such custodial person and animal are on public property within the City, shall have in his or her possession equipment sufficient to remove and thereafter contain defecation from such animal.
D. Disabled persons while relying on a seeing eye, hearing, or service dog shall be exempt from this section when the nature of their disability renders compliance impossible.
32.04.080 Reporting of bites.
A. All persons bitten and the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies shall immediately notify the Department or the Health Officer. Physicians treating such bites and other persons having the knowledge of such bites shall immediately notify the Department or the Health Officer.
B. Any person owning or having custody or control of a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies that bites a person or other animal shall immediately notify the Department or the Health Officer.
C. It shall be unlawful for any owner to leave the scene of an animal bite without identifying themselves to other parties involved in the bite incident and notifying the Department as required in this chapter.
32.04.090 Investigations.
In accordance with law, the Department, the County Veterinarian, and the Health Officer may enter private property to investigate reports of dangerous dogs, rabies, or other contagious animal diseases, and to investigate possible violations of and enforce the provisions of law relating to or affecting animals.
32.04.100 Penalties.
A. Unless otherwise provided, a violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in Chapters 1.08 and 1.10 CMC.
B. Each day on which a violation occurs or continues shall constitute a separate offense.
C. Each violation of this chapter, in addition to the other penalties under this section, shall constitute a public nuisance. (Ord. 2047 § 3, 2014)