Chapter 6-1 entitled "Animals and Fowl," consisting of Article 1 entitled "Licensing, Care, and Impounding," consisting of Sections 6-1.101 through 6-1.113, codified from Ordinance Nos. 11 and 381, as amended by Ordinance No. 466 and Ordinance No. 452, effective August 18, 1971, and Article 2 entitled "Vaccination of Dogs," consisting of Sections 6-1.201 through 6-1.205, codified from Ordinance No. 388, as amended by Ordinance No. 405, amended in its entirety by Section 1, Ordinance No. 609, effective October 15, 1975.
[§ 1, Ord. 609, eff. October 15, 1975]
There shall be provided by the City a suitable enclosure or
place for the purpose of keeping and safely holding impounded, unwanted,
or stray fowl, dogs, or other animals, which place shall be designated
as the "Animal Shelter." The Animal Control Officer shall ensure that
all such fowl, dogs, or other animals will be disposed of only by
return to their owners, adoption into good homes, or humane euthanasia,
as provided in this article.
[§ 1, Ord. 609, eff. October 15, 1975]
No person shall own or have the custody or control of any dog,
male or female, over the age of four months within the City without
at all times having upon such dog a collar or harness to which shall
be securely fastened a tag as provided in this article, which tag
shall be obtained from the Director of Finance inscribed with the
words, "Avalon, California Dog Tag," and with the serial number of
such tag, and with the year for which the tag is issued, such tag
being sufficient only during the calendar year designated upon the
tag.
The provisions of this section shall not apply to a person having
the custody or control of a dog if such person is temporarily within
the City and such dog has a current tag attached to its harness or
collar from another city or county. The word "temporarily," for the
purposes of this section, shall be deemed to be a period of time less
than one year.
[§ 1, Ord. 609, eff. October 15, 1975]
The license tax set forth in this article shall be due and payable
on January 1 of each year, except that the license tax for dogs which
become subject to the provisions of this article on or after July
1 shall be 50% of the described fee.
[§ 1, Ord. 609, eff. October 15, 1975; § Ord. 1001-01, eff. November 15, 2001]
A license shall be issued upon the payment of a fee to be set
by resolution of the City Council, and a certificate showing that
such dog has been inoculated with chick embryo rabies vaccine within
the last two preceding years or that such dog has been inoculated
with nerve tissue rabies vaccine within the last preceding year.
[§ 1, Ord. 609, eff. October 15, 1975; § 7, Ord. 1001-01, eff. November 15, 2001]
Any person who shall fail to attach or keep upon any dog a current
license tag as provided in this article, or who shall make, have in
his or her possession, or attach to or keep upon any dog any counterfeit,
imitation, or altered license tag, shall be guilty of a misdemeanor.
Duplicate tags shall be issued by the City to replace lost or stolen
tags upon payment of a fee in an amount to be set by resolution of
the City Council.
[§ 1, Ord. 609, eff. October 15, 1975]
The Director of Finance is authorized and directed to procure,
for each calendar year, such quantity of tags as may be required for
dogs in the City, which tags shall be plainly inscribed as set forth
in this article and which shall be used only for the year inscribed
upon such tags. The Director of Finance shall keep a register wherein
shall be entered the name of every person to whom a dog tax tag shall
have been issued, together with the serial number and year designated
upon such tag, the date of issuance, the address of the applicant,
and any other data deemed pertinent. Such tag shall be good only for
use upon the dog described in the application.
[§ 1, Ord. 609, eff. October 15, 1975]
A penalty of $3 shall be added to the price of any tag secured
more than 60 days subsequent to January 1 of each year; provided,
however, no penalty shall be added for the securing of any tag secured
within 60 days after the date on which the dog for which the tag is
secured shall become subject to the provisions of this article, nor
shall any penalty be added for a tag secured within 60 days after
the applicant becomes the owner of the dog for which the tag is sought.
[§ 1, Ord. 609, eff. October 15, 1975]
No license fee or tax shall be required for the issuance of
tags to the owner of any dog duly and properly trained to aid or assist
blind persons when such dog is actually being used by a blind person
for the purpose of aiding or assisting such blind person in going
from place to place. The Director of Finance shall annually issue
tags free of charge to the owners or persons having the custody and
control of such dogs.
[§ 1, Ord. 609, eff. October 15, 1975; § 1, Ord. 1025-04, eff. August 19, 2004; § 2, Ord.
U-1157-17, eff. May 2, 2017]
(a)
Control of Animals. No person having the control of any fowl, dog,
or other animal shall permit the same to stray, run, or be at large
in or upon any public street or beach or other public place within
the City or upon any private road or the premises of another without
the permission of the owner of such premises. Any fowl, dog, or other
animal so found at large in any such place may be impounded as provided
in this article.
(b)
Penalties. Any person who violates any provision of this section
shall be deemed guilty of an infraction punishable by:
[§ 2, Ord. 1025-04, eff. August 19, 2004]
No person owning, having a proprietary interest in, harboring,
or having the care, charge, control, custody, or possession of any
fowl, dog, or other animal shall permit the same to be in or upon
any public street, park, or other public place, except an area specifically
designated by the City for such purpose, unless such fowl, dog, or
other animal shall be upon a secure leash not more than six feet long
held continuously in the hands of a responsible person capable of
controlling the same or unless such fowl, dog, or other animal shall
be securely confined within an automobile; nor shall any such person
permit such fowl, dog, or other animal to be in or upon any unenclosed
lot or premises unless such fowl, dog, or animal shall be securely
leashed upon such unenclosed lot or premises. Any such fowl, dog,
or other animal so at large in any such place, or not on a leash or
chain, may be impounded as provided in this article.
[§ 1, Ord. 609, eff. October 15, 1975, as amended by § 1, Ord. 615, eff. December 17, 1975; § 1, Ord. 1073-08, eff. September 4, 2008; § 3, Ord. U-1157-17, eff. May 2, 2017]
(a)
Designated. Except as provided in subsection (b) of this section, but notwithstanding any other provisions of this article, no person having the control, charge, or custody of any fowl, dog, or other animal shall permit or allow the same to be at any time in or upon the following described areas:
(1)
All public beaches within the City;
(2)
Crescent Avenue at its intersection with Metropole Avenue to
its intersection with Clarissa Avenue;
(3)
Sumner Avenue from its intersection with Crescent Avenue to
its intersection with Calle Del Paseo;
(4)
Catalina Avenue from its intersection with Calle Del Paseo to
its intersection with Crescent Avenue; and
(5)
Cabrillo Mole and Pleasure Pier.
(b)
Exception. The provisions of this section shall not limit or prohibit the taking of a dog or other animal across the public streets and areas designated in this section at an intersection with another street provided the bringing of such dog or other animal into such intersection is for the immediate and necessary purpose of using public or private transportation for such dog or other animal or to take such dog or other animal into a nonrestricted area. While transporting the dog or other animal, the owner or keeper shall comply with the leash requirement set forth in § 6-1.110 of this chapter and shall also place a muzzle or other restrictive device over the mouth of the dog or animal being transported.
(c)
Permit. The City Manager is hereby authorized to grant a permit to
allow persons to bring animals on Crescent Street for a limited period
of time in connection with a special event or activity, but such permit
shall be conditioned to address animal waste, noise, protection of
property, pedestrian safety, and potential aggressive actions by the
animals. The permit shall be subject to a fee set by resolution of
the City Council.
[§ 1, Ord. 609, eff. October 15, 1975, as amended by § 2, Ord. 615, eff. December 17, 1975]
It shall be the duty of each physician to report to the Animal
Control Officer any case coming to the physician's attention in which
a person has been bitten by, or otherwise exposed to, an animal of
a species subject to rabies, giving the full name, age, and address
of the person who has been bitten. If no physician is in attendance
on such case, such report shall be made by the person bitten or otherwise
exposed or, in the case of a minor, by his parent or guardian. The
Animal Control Officer shall order the quarantine and observation
of the biting animal until it is established by the Animal Control
Officer that such animal does not have symptoms of rabies.
[§ 1, Ord. 609, eff. October 15, 1975]
The biting animal shall be quarantined, confined, and observed
for at least 14 days (dogs and cats for 10 days) after the day of
the infliction of the bite, with the exception that the following
alternative to the ten-day isolation of dogs and cats shall be permitted:
dogs or cats which have been isolated in strict confinement under
the proper care and under the observation of a licensed veterinarian
in a pound, veterinary hospital, or other adequate facility in a manner
approved by the Health Officer may be released from isolation by the
Health Officer after five days of veterinary observation if, upon
conducting a thorough physical examination on the fifth-day or more
after the infliction of the bite, the observing veterinarian certifies
that there are no clinical signs or symptoms of any disease.
[§ 1, Ord. 609, eff. October 15, 1975]
Such quarantine may be made on the property of the person having
the charge, custody, or control of such animal when adequate quarantine
facilities are available, or, at the discretion of the Animal Control
Officer, such animal may be placed under quarantine, and observation
in any licensed boarding kennel.
Should the animal be relinquished by the owner to the Animal
Control Officer to be disposed of upon release from quarantine, the
Animal Control Officer may, at his discretion, impound such animal
in an approved animal control facility.
[§ 1, Ord. 609, eff. October 15, 1975]
Whenever the owner or person having the charge, custody, or
control of any animal shall observe or learn that such animal has
bitten or otherwise exposed a human being, such owner or person having
the charge, custody, or control of such animal shall report the incident
at once to the Animal Control Officer and shall confine such animal
in an enclosure or shall securely hold and restrain such animal by
chain or other device for examination and observation by the Animal
Control Officer. No owner or person having the charge, custody, or
control of such animal shall fail, refuse, or neglect to allow the
Animal Control Officer to make an inspection or examination of such
animal for the purpose of determining whether such animal has symptoms
of rabies.
[§ 1, Ord. 609, eff. October 15, 1975]
No owner or person having the charge, custody, or control of any animal biting or otherwise exposing a human being shall fail, refuse, or neglect to confine in an enclosure or securely hold and restrain such animal by chain or other device upon the premises of the owner or person having the charge, custody, or control of such animal for the period of quarantine set forth in § 6-1.113 of this article. Should such animal die while under quarantine and observation, the owner or person having the charge, custody, or control of such animal shall surrender the carcass of such animal, or such portion of the carcass, as may be demanded by the Animal Control Officer.
[§ 1, Ord. 609, eff. October 15, 1975]
It shall be unlawful for any owner or person having the charge,
custody, or control of any animal that has bitten or otherwise exposed
a human being or is suspected of having rabies to destroy such animal
or have such animal destroyed during the quarantine period, unless
permission is granted by the Animal Control Officer.
[§ 1, Ord. 609, eff. October 15, 1975]
Whenever the owner or person having the charge, custody, or
control of any animal shall learn or observe that such animal has
shown symptoms of rabies or has acted in a manner which would give
such person or owner reason to believe that such animal has rabies,
it shall be unlawful for such owner or person having the charge, custody,
or control of such animal to fail, refuse, or neglect to notify the
Animal Control Officer at once and to confine such animal in an enclosure;
or to securely hold and restrain such animal by chain or other device
until it shall be established that such animal does not have symptoms
of rabies; or to fail, refuse, or neglect to allow the Animal Control
Officer to inspect or examine such animal for symptoms of rabies.
[§ 1, Ord. 609, eff. October 15, 1975]
Animal contacts of a known rabid or suspected rabid animal shall
be quarantined in a place and manner and for a period of time designated
by the Animal Control Officer.
[§ 1, Ord. 609, eff. October 15, 1975]
It shall be the duty of the Animal Control Officer to take up
any fowl, dog, or other animal found upon any public property within
the City in violation of any of the provisions of this article and,
if the owner cannot be immediately located, to deliver such fowl,
dog, or other animal to the Animal Shelter.
[§ 1, Ord. 609, eff. October 15, 1975]
The Animal Control Officer shall safely keep all fowl, dogs,
or other animals impounded at the Animal Shelter, and shall furnish
the same with all necessary food and water, and shall give the same
ordinary attention as may appear to be reasonably required for the
welfare of such fowl, dogs, or other animals.
[§ 1, Ord. 609, eff. October 15, 1975]
If a dog which is properly tagged and licensed is impounded,
the Animal Control Officer shall at once give notice, either personally
or by postcard, to the owner of such dog that the dog is impounded.
If such dog is not properly tagged and licensed, or if any fowl or
other animal is impounded, and the Animal Control Officer is unable
to determine the owner thereof, a written notice shall be placed on
the Bulletin Board at the City Hall and in the Atwater Arcade. Such
notice shall contain a brief description of such fowl, dog, or other
animal and shall contain a statement to the effect that if such dog
is not redeemed and the license and other fees paid, if such license
shall be due, or, as to any fowl or other animal, if such fowl or
other animal is not redeemed and the fees thereon paid within 120
hours from such notification, such fowl, dog, or other animal will
be turned over to the Avalon Humane Society, Inc., for disposition
per agreement entered into with the City.
[§ 1, Ord. 609, eff. October 15, 1975]
The owner or person entitled to the possession of any impounded fowl, dog, or other animal shall have the right to redeem and have the possession of the same, at any time prior to the sale or other disposition thereof, upon payment to the Animal Control Officer of the costs and charges incident to the impounding, taking, and keeping thereof upon satisfactory proof of the ownership and right of possession of such fowl, dog, or other animal being made to the Animal Control Officer. As an incident to the redemption of any dog, such owner or other person shall also pay the license tax, plus any penalty, for any dog for which a license has not been issued for the current year. The person redeeming the dog shall also provide satisfactory evidence of compliance with the provisions of § 6-1.104 of this article.
[§ 1, Ord. 609, eff. October 15, 1975; as amended by § 1, Ord. 932-96, eff. September 19, 1996]
The City Council shall set by resolution from time to time the
fees to be charged for impounding and boarding of animals.
[§ 1, Ord. 609, eff. October 15, 1975]
Failure to redeem any impounded fowl, dog, or other animal in
the time fixed by the provisions of this article shall not absolve
the owner thereof, or the person having the control, charge, or custody
thereof, of having violated any of the provisions of this article.
[§ 1, Ord. 609, eff. October 15, 1975]
No unclaimed dog or cat shall be released for adoption without
being sterilized, or without a written agreement from the adopter
guaranteeing that such animal will be sterilized, and without the
payment of a deposit of $25 which shall be refunded upon presentation
of satisfactory evidence that such sterilization has been accomplished.
[§ 1, Ord. 609, eff. October 15, 1975; § 1, Ord. 804, eff. May 7, 1987]
It shall be unlawful for any person to keep, maintain or permit on any lot, parcel of land, premises or vehicle under his control any animal including any fowl, which by sound or cry shall disturb the peace and comfort of the inhabitants and guests within the City, or in any way interfere with any person in the comfortable enjoyment of life or property. Violation of this section shall be deemed an infraction and shall be punishable as provided in § 1-2.01(b) of the Avalon Municipal Code.
[§ 1, Ord. 609, eff. October 15, 1975]
(a)
No owner shall fail to provide his fowl, dog, or other animal with
sufficient good and wholesome food and water, proper shelter and protection
from the weather, veterinary care when needed to prevent suffering,
and humane care and treatment.
(b)
No person shall beat, cruelly ill treat, torment, overload, overwork,
or otherwise abuse any fowl, dog or other animal or cause, instigate,
or permit any dogfight, cockfight, bullfight, or other combat between
any fowl, dog, or other animal or between the same and humans.
(c)
No owner of any fowl, dog, or other animal shall abandon the same.
[§ 1, Ord. 609, eff. October 15, 1975; amended by § 1, Ord. 675, eff. January 16, 1980]
(a)
No person shall permit an animal owned by him or while in his custody
to excrete any solid waste in any public place or on any private premises
not the property of such owner; provided, however no violation of
this section shall occur if the owner or person having the control,
charge, or custody of the offending animal promptly and voluntarily
removes the animal waste.
(b)
Any citizen who observes an animal excreting solid waste in a public
place or on any private premises not the property of the animal's
owner, may file a complaint on a form issued by the City with the
Code Enforcement Officer. Upon receiving such a complaint the Code
Enforcement Officer may cite the owner of the animal for a violation
of this section.
(c)
Any individual who is walking an animal on any public property or
any private premises not the property of the animal's owner, shall
be required to have in their possession at all times a device suitable
for picking up and disposing of the animal's solid waste.
(d)
Any person who violates any provision of this section shall be deemed
guilty of an infraction punishable by:
(1)
A fine not exceeding $50 for a first violation within one year;
(2)
A fine not exceeding $100 for a second violation within one
year;
(3)
A fine not exceeding $200 for each additional violation within
one year.
|
A person shall be deemed guilty of a separate offense for every
day during which portion of which any violation of this section is
committed, continued, or permitted, and shall be punishable as provided
herein.
|
[§ 5, Ord. 952-98, eff. May 7, 1998; § 4; Ord. U-1157-17, eff. May 2, 2017]
It shall be unlawful for any person to keep within the City
a potentially dangerous dog or a vicious dog.
(a)
POTENTIALLY DANGEROUS DOG – Means any of the following:
(1)
Any dog which, when unprovoked, on two separate occasions within
the prior thirty-six-month period, engages in any behavior that requires
a defensive action by any person to prevent bodily injury when the
person and the dog are off the property of the owner or keeper of
the dog.
(2)
Any dog which, when unprovoked, bites a person causing a less
severe injury than as defined in § 31604 of the Food and
Agricultural Code.
(3)
Any dog which, when unprovoked, on two separate occasions within
the prior thirty-six-month period, has caused injury attacking a domestic
animal off the property of the owner or keeper of the dog.
(4)
Any dog that has been deemed to be a potentially dangerous dog
by another public entity.
(b)
VICIOUS DOG – Means any of the following:
(1)
Has bitten or caused serious injury to a person or domestic
animal without provocation.
(2)
Menaces or attempts to bite or attack any person without provocation.
(3)
Engages in an attack which requires defensive action by any
person to prevent bodily injury when such person is acting in a peaceful
and lawful manner.
(4)
Engages in or is found to have been trained to engage in exhibitions
of fighting.
(5)
Any dog that has been deemed to be a vicious dog by another
public entity.
[§ 6, Ord. 952-98, eff. May 7, 1998]
An owner or custodian of a dog who permits, allows or causes a dog to run, stray or be uncontrolled or at large upon a public street, sidewalk, park or other public property, or in or upon private property of another person, is guilty of a public offense punishable as set forth in § 6-1.132 if such dog bites, attacks, causes injury to any human being or another domestic animal unless such human being provoked the attack or the other domestic animal initiated the altercation.
[§ 7, Ord. 952-98, eff. May 7, 1998; § 5, Ord. U-1157-17, eff. May 2, 2017]
(c)
In addition to the foregoing, any person who has been convicted of a violation of §§ 6-1.109, 6-1.110, 6-1.111, 6-1.130, or 6-1.131, or who owns or has control of a dog which has been determined to be potentially dangerous or vicious by another public agency, a proceeding under § 6-1.134, or by a court to be vicious in proceedings brought under § 31621 of the Food & Agricultural Code shall be prohibited from keeping any dog within the City limits for a period of three years, except that upon the written request of the person so convicted, the court may, upon a showing of good cause, set a shorter time period.
[§ 7, Ord. 952-98, eff. May 7, 1998]
(a)
Any person owning, controlling or having care or custody of any animal
shall be liable for any injury and for any damage caused to any public
or private property caused by such animal.
(b)
Any person owning, controlling or having care or custody of any animal
shall take such reasonable and necessary precautions as required to
protect all persons from physical harm from such animal, and to protect
the private property of any other person, including, but not limited
to, obedience training, muzzles and other similar means of controlling
known destructive or violent tendencies of such animal.
[§ 6, Ord. U-1157-17, eff. May 2, 2017]
(a)
If an Animal Control Officer or a law enforcement officer has investigated
and determined that there exists probable cause to believe that a
dog is potentially dangerous or vicious, the Animal Control Officer
or his or her immediate supervisor or the head of the local law enforcement
agency, or his or her designee, may request an administrative hearing
regarding the dog's disposition. The hearing shall be conducted in
accordance with the procedures outlined in § 1-9.06(b)-(1)
of the Avalon Municipal Code. The hearing shall be conducted as an
administrative appeal in accordance with the procedures outlined in
§ 1-9.06(b)-(1) of the Avalon Municipal Code, despite the
lack of an underlying citation.
[§ 7, Ord. U-1157-17, eff. May 2, 2017]
(a)
If upon investigation it is determined by the Animal Control Officer
or law enforcement officer that probable cause exists to believe the
dog in question poses an immediate threat to public safety, then the
Animal Control Officer or law enforcement officer may seize and impound
the dog pending the hearings to be held pursuant to this article.
The owner or keeper of the dog shall be liable to the City or County
where the dog is impounded for the costs and expenses of keeping the
dog, if the dog is later adjudicated potentially dangerous or vicious.
[§ 8, Ord. U-1157-17, eff. May 2, 2017]
(a)
A dog determined to be a vicious dog may be destroyed by the Animal Control Officer when it is found, after proceedings conducted under § 6-1.134 of this chapter, that the release of the dog would create a significant threat to the public health, safety, and welfare.
(b)
If it is determined that a dog found to be vicious shall not be destroyed,
the judicial authority shall impose conditions upon the ownership
of the dog that protect the public health, safety, and welfare.
(c)
Any enclosure that is required pursuant to subdivision (b) shall
meet the requirements of § 31605 of the Food and Agricultural
Code.
[§ 1, Ord. 609, eff. October 15, 1975; § 1, Ord. 952-98, eff. May 7, 1998; § 1, Ord.
1094-10, eff. June 17, 2010]
[§ 1, Ord. 609, eff. October 15, 1975; § 2, Ord. 952-98, eff. May 7, 1998]
The Animal Control Officer shall make a monthly report of the
number of fowl, dogs, and other animals impounded, redeemed, or otherwise
disposed of, together with a record of receipts and disbursements,
and file such reports with the City Manager.
[§ 1, Ord. 609, eff. October 15, 1975; § 3, Ord. 952-98, eff. May 7, 1998]
The Animal Control Officer shall be the Code Enforcement Officer
of the City.
[§ 1, Ord. 609, eff. October 15, 1975; § 4, Ord. 952-98, eff. May 7, 1998]
The Animal Control Officer shall deposit all funds collected
by him as license taxes, impounding fees or costs, and boarding fees
or otherwise with the Director of Finance at least once each week,
who shall deposit such moneys in the General Fund of the City.
[§ 9, Ord. U-1157-17, eff. May 2, 2017]
(a)
The following breeds of dogs are "restricted dogs," and are subject
to the mandatory spay and neutering requirements of this section:
(1)
Pit bulls, including any dog that is an American Pit Bull Terrier,
American Staffordshire Terrier, Staffordshire Bull Terrier, or any
dog that exhibits physical characteristics which predominantly conform
to the standards established by the American Kennel Club (AKC), United
Kennel Club (UKC), or American Dog Breeders Association (ADBA) for
any of the above breeds.
(2)
(Reserved)
(3)
(Reserved)
(b)
No person may own, keep, or harbor a restricted dog in violation
of this section. An owner or keeper of an unaltered restricted dog
must have the dog spayed or neutered or submit written proof to the
City that one of the following exceptions applies:
(1)
The restricted dog is less than four months of age;
(2)
The restricted dog cannot be spayed or neutered without a high
likelihood of suffering serious bodily harm or death, which has been
confirmed in writing by a licensed veterinarian. If applicable, the
writing must also state the date by which the dog may be safely spayed
or neutered; or
(3)
The owner or custodian has owned or taken custody of the dog
within the past 30 days.
[§ 10, Ord. U-1157-17, eff. May 2, 2017]
Pursuant to § 122331(b) of the California Health and
Safety Code, the Animal Control Officer shall measure the effect of
this chapter by compiling statistical information on dog bites. The
information shall, at a minimum, identify dog bites by severity, the
breed of the dog involved, whether the dog was altered, and whether
the breed of dog was subject to the mandatory spay and neutering requirement
of this chapter. The Animal Control Officer, shall submit these statistics
on a quarterly basis to the State Public Health Veterinarian.
