Chapter 6.04ANIMAL CONTROL

Sections:

6.04.010
Animals at Large on Public Property.
6.04.020
Animals at Large on Private Property.
6.04.025
Livestock at Large.
6.04.030
Confinement of Female Dogs and Cats in Heat.
6.04.040
Dogs Chasing Vehicles on Public Roads.
6.04.045
Confinement of Animal in a Motor Vehicle.
6.04.050
Dogs Jumping and/or Threatening Pedestrians.
6.04.055
Dog Bite.
6.04.060
Penalty for Violation.
6.04.070
Animals Injuring Humans or Domestic Animals.
6.04.080
Animals Injuring Private or Public Property.
6.04.090
Disturbing Noises.
6.04.091
Noise Nuisance - Notice.
6.04.092
Confinement - Restriction of a Noise Nuisance Animal - Violation.
6.04.100
Sale or Transfer of Animals in Public Places Prohibited.
6.04.110
Penalty for Violation - Misdemeanor.
6.04.010Animals at Large on Public Property.

It is unlawful for the owner or person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to be at large on any public street, sidewalk or right-of-way, or in any park, or to enter any public beach, pond, fountain, or stream therein, or upon any public playground or school ground or in any public building. Any dog, cat or other animal, entering or trespassing upon such property may be seized and impounded. This section shall not apply to any area of the City designated as an “off leash” area. (Ord. 319 § 2, 2003; Ord. 40 § 2 (part), 1996.)

6.04.020Animals at Large on Private Property.

It is unlawful for the owner or person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to enter or trespass upon private property without the express permission of the owner or caretaker of such property. Any such dog, cat, or other animal may be seized and impounded. (Ord. 40 § 2 (part), 1996.)

6.04.025Livestock at Large.

No person owning or in control of any livestock is to allow such livestock to enter or trespass upon private property without the express permission of the owner or caretaker of such property. Any such livestock may be seized and impounded. (Ord. 149 § 12, 1997.)

6.04.030Confinement of Female Dogs and Cats in Heat.

Every female dog and cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with a male of the species, except for planned breeding. Any dog or cat not so confined when in heat, whether or not such dog or cat is licensed, may be seized or impounded. (Ord. 40 § 2 (part), 1996.)

6.04.040Dogs Chasing Vehicles on Public Roads.

It is unlawful for the owner or other person having control of any dog to allow such dog to chase, run after, or jump at vehicles lawfully using the public road, street, avenues, alleys and ways. Any such dog may be seized and impounded. (Ord. 40 § 2 (part), 1996.)

6.04.045Confinement of Animal in a Motor Vehicle.

No owner or person shall confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle be any reasonable means under the circumstances after making a reasonable effort to locate the owner or person in control of the motor vehicle. (Ord. 149 § 13, 1997.)

6.04.050Dogs Jumping and/or Threatening Pedestrians.

It is unlawful for the owner or other person having control of any dog to allow such dog to frequently or habitually snarl at, growl at, jump upon, or threaten persons upon the public sidewalks, roads, streets, alleys, or public places. Any such dog may be seized and impounded. (Ord. 40 § 2 (part), 1996.)

6.04.055Dog Bite.

It shall be unlawful for any person to keep or harbor any dog which bites any person while not on the property of the dog's owner, and where the bite was not provoked by the person so bit. Such dog may be seized and impounded for the protection of the public. The Municipal Court or other court of competent jurisdiction may order the dog destroyed if the court finds that such dog represents a continuing threat of serious harm to any persons. (Ord. 149 § 14, 1997.)

6.04.060Penalty for Violation.

Violation of any of the provisions of Sections 6.04.010, 6.04.020, 6.04.025, 6.04.030, 6.04.040, 6.04.045, 6.04.050, 6.04.090, or 6.04.100 of this Chapter shall constitute a civil infraction punishable by a fine in an amount not to exceed $75.00 for the first offense, a fine in an amount not to exceed $125.00 for the second offense and a fine in an amount not to exceed $250.00 for the third and all subsequence offenses. Each day during which a violation of any of the above sections occurs constitutes a separate infraction. (Ord. 319 § 3, 2003; Ord. 205 § 3, 1999; Ord. 40 § 2 (part), 1996.)

6.04.070Animals Injuring Humans or Domestic Animals.

It is unlawful for the owner or other person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to cause injury to a human or domestic animal which is acting in a lawful manner. Any such dog, cat, or other animal may be seized and impounded. (Ord. 40 § 2 (part), 1996.)

6.04.080Animals Injuring Private or Public Property.

It is unlawful for the owner or other person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to damage or destroy any property or thing of value upon the private property of another, or upon any public property. Any such dog, cat, or other animal may be seized and impounded. (Ord. 40 § 2 (part), 1996.)

6.04.090Disturbing Noises.

It is unlawful for the owner or other person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to habitually howl, yelp, bark, or make other noises which unreasonably disturb another person. Any such dog, cat, or other animal may be seized and impounded. Prior to seizure and impound, the following must occur:

A. The owner or other person responsible for the animal shall be notified that other persons are complaining about the noises and/or are being unreasonably disturbed; and

B. An animal control officer shall make reasonable efforts to notify the owner or other person responsible for the animal, in person, by telephone or through the mail, that a noise nuisance complaint has been received, and shall discuss possible corrective measures. (Ord. 149 § 2, 1997; Ord. 40 § 2 (part), 1996.)

6.04.091Noise Nuisance - Notice.

A. If a noise nuisance complaint arising under this chapter is not corrected within a reasonable time period, an animal control officer may declare there to be an animal noise nuisance, and the animal control officer shall cause the animal owner or other person responsible for the animal to be served with a written Notice of Animal Noise Nuisance. The Notice of Animal Noise Nuisance shall include the following:

1. The description of the animal(s) involved.

2. The name(s) and address(es) of the owner(s) or other person(s) responsible for the animal(s).

3. The facts and circumstances upon which the declaration of animal noise nuisance is based.

4. The availability of a hearing, including the process set forth herein below.

5. Any restrictions on the animal(s).

B. If the owner(s) or other person(s) responsible for the animal(s) wish to object to the declaration of animal noise nuisance, the owner(s) or other person(s) responsible for the animal(s) may appeal to the Hearing Examiner.

C. During the pendency of any such hearings or appeals, any restrictions included in the Notice of Animal Noise Nuisance, including confinement, shall remain in effect. (Ord. 585 § 22, 2014; Ord. 299 § 1, 2003; Ord. 149 § 15, 1997.)

6.04.092Confinement - Restriction of a Noise Nuisance Animal - Violation.

Following the exhaustion of hearings and appeals, the animal(s) involved in the noise nuisance case shall be confined as stated in the Notice of Animal Noise Nuisance, or as directed/ordered in the decision of the Director of the animal control agency or designee, or the Hearing Examiner of the City of Lakewood, which may include the requirement that the animal(s) involved in the noise nuisance case shall be removed from the City of Lakewood. Any person to fails to comply with the requirements and/or restrictions provided in any such hearings and appeals shall constitute a violation of this Chapter, punishable as provided in Section 6.04.110 of the City Code. (Ord. 149 § 16, 1997.)

6.04.100Sale or Transfer of Animals in Public Places Prohibited.

It is unlawful to sell, barter or otherwise transfer for the purpose of changing ownership any animal in an area open to the public unless such activity is licensed pursuant to business licensing regulations of the City. (Ord. 40 § 2 (part), 1996.)

6.04.110Penalty for Violation - Misdemeanor.

A person who violates any of the provisions of Section 6.04.055, 6.04.070, 6.04.092 shall, upon conviction thereof, be found guilty of a misdemeanor. (Ord. 319 § 4, 2003; Ord. 205 § 4, 1999; Ord. 149 § 3, 1997; Ord. 40 § 2 (part), 1996.)