[Ord. No. 211, 10-9-1995]
The following words, when used in this Chapter, shall have the meanings set out herein:
- ANIMAL CONTROL OFFICER
- The City employee charged with the responsibility of catching and controlling the unrestrained and/or dangerous animal population in the incorporated limits of the City of Stockton who shall serve at such times and at such compensation as is designated by the City Board of Aldermen and who shall report directly to said Board.
- DOGS or CATS
- All animals of the canine or feline species, both male and female.
- Any place where four (4) or more dogs are boarded, bred and/or
offered for sale.[Ord. No. 499 §1, 6-27-2016]
- OWNER or KEEPER
- Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in his/her care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises owned or occupied by him/her.
- RUNNING AT LARGE
- Allowing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.
- SERIOUS PHYSICAL INJURY
- Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
- A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
- UNRESTRAINED DOG
- Any dog running at large or a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means that would prevent the dog from leaving such premises.
- VICIOUS DOG
- Any of the following dogs:
- 1. Any dog, whether or not running at large, and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.
- 2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
- 3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
- 5. (Reserved)
[CC 1979 §73.020; Ord. No. 540, 3-12-2018]
No dog or cat owner shall keep any dog or cat within the City unless a license therefor has first been secured.
[CC 1979 §73.040]
Licenses required by this Article shall be issued by the City Clerk upon receipt of proof the animal has a current rabies vaccination and payment of a fee therefor. The fee for a license required under this Article shall be as established from time to time by motion of the Board of Aldermen on file in the office of the City Clerk.
[Ord. No. 522, 3-27-2017]
The fee may differentiate between a male, spayed female, and unspayed female dog. In such case, an applicant for a license for a spayed female dog shall be required to present a statement from a qualified veterinarian indicating that the dog has been spayed and giving the date of the operation.
[CC 1979 §73.050]
Licenses issued under this Article shall expire on the last day of December next following their issuance.
[CC 1979 §73.060]
It shall be the duty of each owner of a dog to pay the license fee imposed herein to the City Clerk on or before the first (1st) day of January in each year, or upon acquiring ownership or possession of any unlicensed dog, or upon establishing residence in the City. The Clerk shall cause a notice of the necessity of paying such license fee to be printed in the local official newspaper one (1) time before the first (1st) day of January in each year or at his/her option may mail notice of the necessity of paying such license fee to each dog owner whose license will expire.
[CC 1979 §73.070]
Upon the payment of the license fee herein imposed, the Clerk shall execute a receipt in duplicate. He/she shall deliver the original receipt to the person who pays the fee, retaining the duplicate. He/she shall also procure a sufficient number of suitable metallic tags, the shape of which shall be different for each license year; and he/she shall deliver one (1) appropriate tag to the owner when the fee is paid.
The City Clerk may, for the purpose of issuing dog licenses, authorize licensed veterinarians to act as deputy clerks. All such deputy clerk-veterinarians shall account monthly to the City Clerk for all license fees received by them.
[CC 1979 §73.080]
The dog owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the dog so licensed in such a manner that the tag may be easily seen by the officers of the City. The owner shall see that the tag is constantly worn by such dog.
[CC 1979 §73.130]
In case any dog tag is lost, a duplicate may be issued by the City Clerk upon presentation of a receipt showing the payment of the license fee for the current year. A charge may be made for each such duplicate tag, necessary to cover the cost thereof.
[CC 1979 §73.190]
It is unlawful to counterfeit or attempt to counterfeit the tags provided for in Section 210.025 of this Code, or to take from any dog a tag legally placed upon it by its owner with the intent to place it upon another dog, or to place such tag upon another dog.
[CC 1979 §73.200]
Dog tags are not transferable and no refunds shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license period.
[Ord. No. 483 §1, 6-22-2015; Ord. No. 541, 3-12-2018]
It shall be unlawful to keep, own, or maintain more than five (5) dogs and/or cats, all over the age of six (6) months, at any residence inside City limits.
[Ord. No. 182 §73.165, 6-13-1994]
Running At Large 1st Degree. No dog shall be permitted to run at large within the limits of the City of Stockton at any time.
Running At Large 2nd Degree. No dog shall run at large within the limits of the City of Stockton at any time.
Dogs On Leash. The restriction imposed by Subsection (A) shall not prohibit the appearance of any dog upon streets or public property when such dog is on a leash and is kept under the control of the accompanying person.
Abandonment Of Dogs. It shall be unlawful for any person to abandon any dog within the corporate limits of the City of Stockton or to permit any dog abandoned by him/her in the vicinity of the corporate limits of the City of Stockton to stray within the corporate limits of said City.
It shall be unlawful for any person living outside the corporate limits of the City of Stockton to allow a dog or dogs to run at large in the City of Stockton or to disturb or annoy people in said City by barking, howling or yelping.
Violation And Penalty.
Any person violating any of the provision of Subsection (A) shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than two hundred fifty dollars ($250.00) or confinement in the City Jail for a period not greater than ninety (90) days, or by both such fine and confinement. Any person violating any of the provision of Subsection (B) shall be guilty of an infraction and shall be punished by a fine of not more than two hundred fifty dollars ($250.00).
Editor’s Note: Former Section 210.036, Vicious Dogs Prohibited, adopted 9-8-2014 by Ord. No. 472, was repealed 7-13-2015 by Ord. No. 486.
Editor’s Note: Former §210.040, Pit Bull Dogs Prohibited, adopted and/or amended 5-9-1988 by Ord. No. 87 §73.230, was repealed 6-22-2015 by Ord. No. 485 §1.
[CC 1979 §73.300; Ord. No. 88 §73.300, 5-9-1988]
Any dog with the following characteristics shall be classified dangerous:
Any dog which has inflicted a severe or fatal injury on a human being on public or private property. "Severe injury" means any physical injury, resulting directly from a dog's bite, which results in broken bones, or lacerations requiring stitches, or in-patient hospitalization. The victim receiving severe injuries, as defined above, must provide the supervisor of animal control a signed physician's statement documenting injury and treatment qualifying such as a severe injury or sign an authorization for release of such statement.
Any dog which has killed a domestic animal, livestock or poultry without provocation, while off the owner's property.
Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
Any dog which has bitten a human being, without provocation, on public or private property other than the property of the owner.
Any dog which, while on the owner's property, has bitten, without provocation, a human being other than the owner or a member of the owner's family who normally resides at the place where the dog is kept.
Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public grounds or private property, other than that property of the owner, in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by said dog.
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.
Any dog owner who disputes the classification of his/her dog as a dangerous dog, defined above, shall have the opportunity to submit his/her dispute, in writing, to the Board of Aldermen no more than five (5) days after his/her dog has been classified as a dangerous dog. The Board of Aldermen shall then conduct a hearing and shall determine whether to declare the animal to be a dangerous dog based on evidence presented at the hearing. The Board of Aldermen shall issue written findings to support its decision.
The following actions shall be required of owners of dogs that have been declared dangerous dogs.
Leash and muzzle. No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house dangerous dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors. No dangerous dogs may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of dangerous dogs within the City shall within ten (10) days of the effective date of this Section display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such animal.
Insurance. All owners, keepers or harborers of dangerous dogs must within ten (10) days of the effective date of this Section provide proof to the Stockton City Clerk of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the Stockton City Clerk.
Reporting requirements. All owners, keepers or harborers of dangerous dogs must within ten (10) days of the incident report the following information in writing to the Stockton City Clerk as required hereinafter:
Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a dangerous dog registered with the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided, that the owner of a dangerous dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the City.
Animals born of registered dogs. All offspring born of dangerous dogs registered within the City must be removed from the City within six (6) weeks of the birth of such animal.
Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a dangerous dog or any of those breeds prohibited by Section 210.042 of this Article is in fact a dog subject to the requirements of this Section.
Failure to comply. It shall be unlawful for the owners, keeper or harborer of a dangerous dog registered with the City of Stockton to fail to comply with the requirements and conditions set forth in this Article. Any dog found to be the subject of a violation of this Article shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.
It shall be the duty of the Chief of Police, the City Police, and any other person of the City of Stockton, especially designated by the Board of Aldermen and the Mayor for such purpose, to take up any dog or cat without the tag provided in Section 210.020, any dog or cat running at large, or any vicious dog in violation of Section 210.042 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
Any officer performing duties under this Chapter shall be compensated from the City Treasury as provided from time to time by the Board of Aldermen. Such officer shall account to the City for all sums collected from owners or keepers under this Chapter and pay same into the City Treasury. Costs of feeding and keeping dogs or cats impounded shall be paid from the City Treasury.
Every officer impounding a dog or cat under this Chapter shall, within twenty-four (24) hours after such impounding, enter upon a registry open to the public, and in plain public view at the City Hall of the City, a description of such dog or cat, including breed, color, and approximate size, and the date apprehended, and if the owner or keeper is known, the name and address of such owner or keeper; or the owner or keeper shall be given actual notice of the impoundment of such dog or cat before disposition of such dog or cat.
[CC 1979 §§73.110 — 73.120; Ord. No. 529, 9-11-2017]
Any dog may be redeemed from the pound by the owner within the time stated in the notice (or thereafter, if the dog has not been sold or killed) by payment to the City Clerk of the license fee for the current year with an additional impounding fee, said additional fee to be as established from time to time by resolution and vote of the Board of Aldermen and on file in the office of the City Clerk.
[CC 1979 §73.140]
Any dog which is not claimed as provided in Section 210.075 may be sold for not less than the amount provided in Section 210.075 to anyone desiring to purchase the dog, unless the Clerk shall waive same. All sums received above the costs and fees shall be held by the City Clerk for the benefit of the owner and, if not claimed within six (6) months, such funds shall be placed in the General Fund of the City. Any dog which is not claimed by the owner or sold shall be killed in a humane nature and buried under the direction of the poundmaster.
[CC 1979 §73.150]
The City kennel is hereby designated as the City Pound for the purpose of this Article.
It shall be the duty of any officer impounding any dog or cat under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog or cat shall be reclaimed by his/her owner or keeper under Section 210.075 of this Chapter. If, after the expiration of seven (7) days from the date of such impoundment, such dog or cat shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
[CC 1979 §73.160]
No female dog in heat, no dog of vicious habits or likely to cause injury to any person, and no dog which habitually chases automobiles shall be allowed by its owner to run at large. The Police Officers of the City, or other City Officers designated by the Mayor, shall take up and impound any dog found at large in violation of this provision and release it only upon order of the Mayor after payment of the fees provided in Section 210.075. The payment of these fees shall not relieve the owner of any liability for allowing his/her dog to run at large, which may be imposed by the Municipal Court by reason of this Section and Section 100.220.
[CC 1979 §73.170]
No person shall keep or harbor a dog which habitually barks or cries. No dog owner shall permit his/her dog to damage any lawn, garden, or other property of another.
[Ord. No. 387, 5-14-2007]
No person shall own or keep a dog or any other animal which barks, whines, howls, yelps or creates any other disturbance which is so loud and continuous or untimely so as to disturb an individual who is a neighbor and who does state in writing that he/she will so testify under oath if called to testify about such matter.
The term "untimely" as used in this Section shall mean between the hours of 10:00 P.M. and 6:00 A.M.
The term "neighbor" as used in this Section shall mean an individual residing in a residential structure within one hundred (100) yards of the property on which the dog or other animal is kept or harbored.
Any animal which is the subject of a complaint and found off the premises of the owner may be impounded as provided in Section 210.050, et seq., of the Municipal Code.
Any person violating the provisions of this Section shall be guilty of an infraction and shall be punished by a fine of not more than two hundred fifty dollars ($250.00). Every day a violation of this Section shall occur or continue shall constitute a separate offense.
[CC 1979 §73.180]
It is unlawful for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any dogs therefrom, or to take or attempt to take from any officer any dog taken up by him/her in compliance with this Article, or in any manner to interfere with or hinder such officer in the discharge of his/her duties under this Article.
[CC 1979 §73.210]
Whenever the prevalence of hydrophobia renders such action necessary to protect public health and safety, the Mayor shall issue a proclamation ordering every person owning a dog to confine it securely on his/her premises unless it is muzzled so that it cannot bite. No persons shall violate such proclamation, and any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the Police without notice to the owner thereof.
Any person or organization adopting a dog from the City of Stockton animal shelter shall enter into a written agreement concerning sterilization of said dog, a copy of agreement on file in the City Clerk's office.