[Ord. No. 211, 10-9-1995]
The following words, when used in this Chapter, shall have the
meanings set out herein:
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.
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]
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.[1]
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.
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.
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.
Any of the following dogs:
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.
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.
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.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
(Reserved)[2]
[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]
A.
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]
B.
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]
A.
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.
B.
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]
A.
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.
B.
Running At Large 2nd Degree. No dog shall run at large within
the limits of the City of Stockton at any time.
C.
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.
D.
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.
E.
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.
F.
Violation And Penalty.
1.
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).
[1]
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.
[Ord. No. 558, 7-22-2019]
It shall be unlawful for any person to knowingly allow a dog which they own, possess, or maintain to defecate in or on another resident's property, or on any property owned by the City. Violators will be subject to a fine under Section 100.220 of the Stockton City Code.
[1]
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]
A.
Any
dog with the following characteristics shall be classified dangerous:
1.
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.
2.
Any dog which has killed a domestic animal, livestock or poultry
without provocation, while off the owner's property.
3.
Any dog owned or harbored primarily or in part for the purpose of
dog fighting or any dog trained for dog fighting.
4.
Any dog which has bitten a human being, without provocation, on public
or private property other than the property of the owner.
5.
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.
6.
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.
7.
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.
B.
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.
D.
The
following actions shall be required of owners of dogs that have been
declared dangerous dogs.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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:
7.
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.
8.
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.
9.
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.
10.
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.
[Ord. No. 602, 5-22-2023]
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 without the tag provided in Section 210.020, any dog 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, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
[Ord. No. 602, 5-22-2023]
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 impounded shall be paid
from the City Treasury.
[Ord. No. 602, 5-22-2023]
Every officer impounding a dog 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 off
the City, a description of such dog, 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 before
disposition of such dog.
[CC 1979 §§73.110 — 73.120; Ord. No. 529, 9-11-2017]
A.
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.
[Ord. No. 602, 5-22-2023]
It shall be the duty of any officer impounding any dog under this Chapter to keep the same impounded for a period of seven (7) days, unless such dog shall be reclaimed by its 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 shall not have been reclaimed, then 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]
A.
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.
1.
The term "untimely" as used in this Section shall
mean between the hours of 10:00 P.M. and 6:00 A.M.
2.
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.
B.
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.
C.
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.
[1]
Editor's Note: Former Section 210.140, Kennels, was repealed
9-25-2017 by Ord. No. 536.
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.
