Chapter 32.08
DOGS
Sections:
32.08.030 Defecation removal/custodial equipment.
32.08.040 Protection of public from dogs.
32.08.050 Establishing dog runs.
32.08.070 Use of dogs by disabled persons.
32.08.090 Declaration of dangerous animal.
32.08.110 Restrictions and conditions.
32.08.010 License.
A. Any person owning or having custody of a dog, except dogs present in the City less than 30 days each calendar year that are licensed in another jurisdiction, shall:
1. Apply for and obtain from the Department a separate dog license for each dog they own, possess, keep, or harbor in the City after it is four months old. Such persons must possess the license by the time the dog is five months old or 30 days after obtaining or bringing any dog over four months of age into the City; and
2. Renew the dog license before it expires for as long as they own, possess, keep, harbor, or otherwise have custody of the dog, unless a valid license is obtained from another jurisdiction wherein the dog resides. If renewal is not required, such persons shall within 30 days after the expiration date advise the Department of the reason therefor.
B. Any dog which is legally impounded according to the provisions of this chapter and does not have a valid dog license at the time will be legally licensed prior to release, regardless of the owner’s place of residence, unless a fee is deposited pursuant to the payment of fee as required in this title.
C. Upon presentation by the dog owner of a properly completed dog license application form including proof that the rabies vaccination will be valid throughout the license period, and payment of the proper license fees, the Department shall issue a dog license and license tag. The dog owner shall retain the dog license for inspection by any person responsible for enforcing the provisions of this chapter.
D. The licenses shall be valid for a term not to exceed the maximum immunity duration periods specified for the various types of canine rabies vaccines approved by the California Department of Health Services and must be renewed prior to the expiration of the term by the payment of the current effective fee for each renewal.
E. The dog owner shall securely affix the current license tag to the collar or harness of the dog for which the license tag was issued and shall ensure that the dog wears such license tag at all times except when the dog is being exhibited at a dog show. A license tag issued for one dog shall not be transferred or attached to any other dog.
F. Without the authorization of the Department or person owning or having custody of the dog, no person shall remove a license tag from a collar or harness or remove from a dog the collar or harness bearing such tag. A license tag shall be removed only when necessary to prevent injury to the animal or to provide medical care.
G. Whenever a license tag is lost or damaged, the owner shall apply for, pay the prescribed fee, and obtain a replacement license from the Department.
H. Owners of dogs having a current license issued in their name by another dog licensing agency may be issued a City dog license upon payment of the applicable transfer fee. The rabies vaccination for any such dog must be valid for the duration of the license issued, and approved for use in California by the Department of Health Services.
I. Whenever the ownership of a licensed dog changes, the new owner shall apply for and obtain a change of ownership license from the Department and pay the applicable fee. The address of the owner is presumed to be the address where the dog is kept. Any change of address/ownership must be reported to the Department within 30 days following such change. (Ord. 1885; Ord. 1722; Ord. 1665)
32.08.020 Restricted places.
A. Unless in accordance with a permit issued by the City Manager and approved by the City Council, or in accordance with an exemption expressed in this title, it shall be unlawful for a person owning, having an interest in, harboring or having the care, charge, control or possession of any dog to allow such dog to be, remain, go, or run in or upon any park or beach within the City, the Coronado Municipal Golf Course, or the municipal lawn bowling green, except that properly restrained and leashed dogs are allowed in:
1. Centennial Park;
2. Paved areas of Tidelands Park;
3. Vetter Park;
4. Harborview Park; and
5. Bayview Park.
B. Dogs off leash are allowed in Dog Beach and the marked dog run area only of South Cays Park. (Ord. 2058 § 2, 2016; Ord. 2047 § 4, 2014; Ord. 2006 § 2, 2010).
32.08.030 Defecation removal/custodial equipment.
A. No person owning, having an interest in, harboring or having the care, charge, control or possession of any dog shall allow defecation from such dog to remain on any public property or private property without the express consent of the property owner and shall immediately remove, place in a closable container and deposit such defecation in a trash receptacle designated for public use or in private trash receptacle with the express consent of the owner.
B. A person having care, custody, control or possession of a dog, when such person and dog are on public property within the City, shall have in his or her possession equipment sufficient to remove and thereafter contain defecation from such dog.
32.08.040 Protection of public from dogs.
A. Any person owning or having custody or control of a dog shall at all times prevent the dog from attacking, biting, or otherwise causing injury to any person or animal engaged in a lawful act; from interfering with the lawful use of public or private property; or from damaging personal property which is lawfully upon public property or upon private property with the permission of the person who owns or has the right to possess or use the private property.
B. It is unlawful for any person owning or having custody or control of an animal to fail to exercise ordinary care with the result that the animal attacks, bites, or otherwise causes injury to a person engaged in lawful activity, if:
1. The animal is a protection dog, guard dog, dangerous animal, or potentially dangerous animal; and
2. The person owning or having custody or control of the dog knows or should have known of the animal’s vicious or dangerous nature, or the
animal’s protection dog, guard dog, dangerous animal or potentially dangerous animal status.
This subsection does not apply to animals being used, at the time, in official military or law enforcement work.
32.08.050 Establishing dog runs.
The City Council may, from time to time, by resolution, establish upon public property such dog runs as are, in its discretion, necessary or convenient for the care and exercise of dogs.
32.08.060 Rabies control.
A. Any person owning or having custody of a dog shall ensure that the dog is vaccinated against rabies by a licensed veterinarian with a rabies vaccine approved by the California Department of Health Services for use in dogs, within 30 days after it becomes four months of age or within 30 days after obtaining or bringing any dog over four months of age into the City.
B. Such vaccination shall be repeated at intervals specified by the California Department of Health Services in order to maintain adequate immunity. The rabies certificate shall be made available by the owner of the animal for inspection by any person responsible for enforcing the provisions of this chapter.
C. Notwithstanding any other provisions of this chapter, a dog need not be vaccinated for rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that such vaccination should be postponed because of a specified illness. Old age, debility, and pregnancy are not considered contraindications to rabies vaccination. Exemption certificates are subject to approval by the Department and shall be valid only for the duration of the illness. Exemption from vaccination does not exempt a dog from the licensing requirement.
D. Any person having care of custody of an animal which shows symptoms of rabies or which acts in a manner which would lead to a reasonable suspicion that it may have rabies shall notify the Department, the County Veterinarian, or the Health Officer as soon as possible, but within 24 hours, and comply with appropriate laws and regulations regarding suspected cases of rabies as directed by the Department, the County Veterinarian, or the Health Officer.
E. Any rabid animal, clinically suspected rabid animal, or biting dog or cat shall be isolated in strict confinement in a place and manner approved by the Department. Dogs and cats must be observed for 10 days, commencing the day after the occurrence, while other animals must be observed at least 14 days.
32.08.070 Use of dogs by disabled persons.
A. The definitions and provisions of State law, as may be amended from time to time, relating to the use of dogs by disabled persons, are applicable within the City. (Civil Code § 54 et seq.)
B. Nothing contained in this title shall be construed to prevent full access to premises or facilities by blind persons, visually handicapped persons, deaf persons or other physically disabled persons when accompanied by a guide dog, signal dog, or service dog performing the duty of a mobility or signal aid.
C. Nothing contained in this title shall be construed to relieve the disabled person from liability for any damage done to premises or facilities by such person’s guide dog, sign dog or service dog.
32.08.080 Police dogs.
A. Nothing in this title shall be deemed to restrict the activities of a dog under the control of a law enforcement officer during the performance of that officer’s official duties.
B. It shall be unlawful for any person to tease, taunt or otherwise interfere with a dog or other animal being utilized by a law enforcement officer for official purposes.
32.08.090 Declaration of dangerous animal.
A. If the Department has cause to believe that an animal is a “dangerous animal,” it may commence proceedings as provided herein.
B. The Department shall first serve, upon the owner and/or custodian, notice of intent to declare the animal a “dangerous animal.” The notice shall inform the owner and/or custodian of the incident(s) that provide a basis for the Department’s action, and specify that he/she may request a hearing within five working days to determine whether grounds exist for such declaration; the potential consequences if such a declaration is issued; and the Department’s authority for such action.
C. Failure of the owner and/or custodian to request a hearing pursuant to subsection B of this section, or failure to attend or be represented at a scheduled hearing, shall satisfy the hearing requirements and shall result in the issuance of a “dangerous animal” declaration.
D. The Department is hereby authorized and empowered to impound and/or abate any “dangerous animal” independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian specific reasonable restrictions and condition for the maintenance of the animal. It shall be unlawful for any person to conceal or fail to surrender a dangerous animal when ordered by the Department. The restrictions and conditions may include, but are not limited to those specified in this chapter.
E. When, in the opinion of the Department, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the animal has been impounded under other provisions of law, the pre-impoundment hearing shall be waived, however, the owner or custodian of record shall be given a notice allowing five working days to request an abatement hearing. If a hearing is requested, the animal shall not be disposed of prior to satisfaction of the hearing requirements.
F. A finding at an abatement hearing that grounds exist for the impoundment and/or abatement of the animal, or the failure of the owner and/or custodian to request a hearing or to attend or be represented at a scheduled hearing, shall satisfy the hearing requirements and the animal shall be impounded and/or abated after the five-day appeal period lapses.
32.08.100 Hearings.
All hearings required pursuant to this chapter shall be conducted in accordance with the provisions of Chapter 1.08 CMC as an administrative hearing. The hearing officer for such hearings shall be the City Manager or the Director of Police Services or his or her designee. The disposition of an animal that is the subject of said hearing shall be stayed while any appeals are pending, or until the time for filing such an appeal has expired.
32.08.110 Restrictions and conditions.
Upon the declaration that an animal is a “dangerous animal,” the Department may impose upon the owner and/or custodian specific restrictions and conditions for the maintenance of the dog as are reasonable for the protection of the public health and safety. These restrictions and conditions may include, but are not limited to, the following:
A. The animal owner shall obtain and maintain liability insurance in an amount not less than $100,000 and furnish a certificate or proof of insurance by which the Department shall be notified at least 10 days prior to cancellation or nonrenewal of or, at the owner’s option, the filing with the Department of proof of a bond in an amount not less than $35,000, to be used in responding to damages. The specific policy or bond amount shall be determined by the Department at the time of declaration as a dangerous animal.
B. The location of the animal’s residence shall be registered with Coronado Animal Control. If the owner/custodian moves or sells the animal or otherwise transfers the ownership, custody or residence of the animal, Coronado Animal Control shall be informed at least 10 days prior to the sale or transfer in writing. This notification shall include, as a minimum, the name, address and telephone number of the proposed new owner or custodian, and/or the proposed new residence, and the name and description of the animal. In the event the animal is transferred to a new owner/custodian, they must agree in writing to all terms and condition and restrictions set forth herein. The Department may prohibit the proposed transfer for cause, or may modify restrictions based on the circumstances of the new owner’s residence.
C. Any time the dog is not in transit, the responsible person shall lock the dog in an enclosure which has specific requirements as to size, construction and design (CMC 86.55.310). At no time while the dog is in transit is it to be unrestrained or on a leash in excess of four feet. In addition, the dog shall wear a Department approved muzzle at any time it is in, or could reasonably have contact with, the public. If the dog escapes, the owner and/or custodian shall notify the Department immediately and make every reasonable effort to recapture it.
D. The dog shall be permanently marked for purposes of identification. This is to be accomplished by either micro chipping, tattooing, or other methods as specified by the Department. Proof of compliance is to be provided to Coronado Animal Control within 10 days.
E. The dog is to be altered by a licensed veterinarian within 30 days and proof of compliance provided to Coronado Animal Control.
F. The dog is to obtain and maintain a current Coronado Animal License. In addition to these restrictions and conditions, all State and local laws and ordinances pertaining to animals and animal ownership shall be adhered to.
G. The dog owner/custodian agrees to inspections of the dog and its enclosure by the Department or any other law enforcement agency. These inspections may be conducted at any time and without notice.
H. The owner/custodian of the dog agrees to pay any reasonable expenses incurred or fees charged by the Department in verifying compliance to and enforcing the provisions of these or any conditions, laws or ordinances pertaining to this animal.
I. In the event of the animal’s death, the owner and/or custodian shall notify the Department no later than 24 hours thereafter and, upon request, produce the animal for verification.
J. The owner and/or custodian of a “dangerous animal” shall surrender such animal to the Department upon demand.
K. The Department may add to and modify existing restrictions and conditions, as reasonably required to protect the public health, safety, or welfare.
L. The owner of a dangerous animal shall notify the Animal Control authority of jurisdiction if the animal is moved from the City. The Department shall seek to notify the receiving jurisdiction any time it becomes aware of a dangerous animal leaving this City and relocating to another city or county.