Any living vertebrate member of the animal kingdom, excluding
man.
Any persons designated by the State of California, City of
Guadalupe, or Santa Barbara County as an animal control officer who
is authorized to perform such duties under the laws of this State.
Any facility that is on property owned by the City of Guadalupe
or the County of Santa Barbara, operated by a humane society, or a
public agency, or its authorized agents for the purpose of impounding
or caring for animals held under the authority of this chapter or
State law.
Shall mean off the premises of the person owning or having
the possession, charge, custody, or control of the animal and not
under the immediate control of a person by means of an enclosure,
leash, rope, or other means of immediate effective physical control.
A place or facility where animals are regularly bought, sold,
or traded, except for those facilities otherwise defined in this chapter.
This section does not apply to individual sales of animals by owners.
Any member of the bird family, including, but not limited
to, parakeets, cockatiels, macaws, parrots, finches, conures and swans,
domesticated to serve as a pet.
Any person, persons or business who breeds 2 or more litters
of dogs in one year for sale or profit.
Any member of the feline family, wild and domesticated, and
shall be intended to mean both male and female.
Any pet shop, grooming shop, auction, riding school or stable,
zoological park, circus, performing animal exhibit, or boarding kennel.
Any member of the canine family, wild or domesticated, and
shall be intended to mean both male and female.
Such as are habituated to live on or about the habitations
of persons or such as to contribute to the support of a family or
the wealth of the community.
Any chicken, duck, goose, turkey, guinea, pigeon, peacock
or other fowl.
The Poundmaster or any designee of the Poundmaster.
Shall mean the taking up and confinement of any animal in
an animal shelter, veterinary hospital, or other facility.
Any premises, wherein any person keeps 6 or more dogs more
than 4 months of age except commercial animal establishments.
A litter shall be defined as 2 or more offspring from one
or more female dogs located at the same premises.
Any large animal kept or raised for use, pleasure or profit.
Any person, partnership, firm or corporation owning, keeping
or harboring one or more animals. An animal shall be deemed to be
harbored if it is fed or sheltered for 3 consecutive days or more.
Any individual, partnership, firm, corporation, joint venture
or entity.
Any domesticated dog, cat, bird, potbelly pig, guinea pig,
hamster or aquarium kept for pleasure rather than utility.
Any person, partnership, firm or corporation whether operated
separately or in connection with another business enterprise except
for licensed kennels, that buy, sell, or board any species of animals.
Shall mean the Chief of Police or the person appointed by
the City Council. That person may be the party with whom the City
has contracted for the performance of pound services. Whenever the
term "Poundmaster" shall be used in this chapter, it shall
include his or her designee.
Shall mean a house, other dwelling, a yard or other area
so enclosed as to prevent a dog from escaping.
That property on which a person or persons have the exclusive
rights of disposition.
Any animal or animals which:
Molests passersby or chases passing vehicles.
Attacks other animals.
Trespasses on school grounds.
Is repeatedly at large.
Damages private or public property.
Barks, whines, or howls or makes any other noise that disturbs
the comfort and quiet of any neighborhood or any person.
Produces odors from feces or urine that disturbs the comfort
and enjoyment of any neighborhood or any person.
Any park, public building, playground, street, road, alleyway,
or other place open to the general public.
A leash not in excess of 8 feet, a tethered lead, or a fenced
enclosure which keeps the animal under the control of a responsible
person or within the real property limits of its owner.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and injuries of animals.
Any animal, wild or domesticated, that attacks or bites any
person or animal upon any public or private property within the City.
Any non-domesticated animal living in a feral state.
(Ord. 2006-375 §1)
In the absence of a Poundmaster appointed by the City Council,
the Chief of Police, in addition to his or her other duties, shall
perform the duties of Poundmaster. The Chief of Police shall designate
a police employee as the Animal Control Officer unless so designated
by an appointed Poundmaster.
(Ord. 2006-375 §1)
The Poundmaster, or designee, shall take up, impound and safely
keep any dog found running at large within the incorporated territory
of the City.
(Ord. 2006-375 §1)
Any animal, including, but not limited to, dogs found trespassing
on private property may be taken up by the owner of the private property
and turned over to the Poundmaster to be disposed of as provided by
law.
(Ord. 2006-375 §1)
The Poundmaster shall keep a record of all impounded animals,
including a description of the animal, the date of receipt, the date
and manner of disposal, the name of the person redeeming or purchasing,
and the fees, charges and proceeds of sales received on account of
said animal, and such additional records as may be required by the
City Council from time to time. The Poundmaster shall provide the
necessary subsistence for all animals that are impounded.
(Ord. 2006-375 §1)
The duties of the Animal Control Officer shall be as follows:
A.
To take
up and impound any dog or other animals (except cats), found to be
running at large, staked, tied or being herded or pastured in any
public place within the City or upon the premises of any person other
than the owner of such dog.
B.
To make
a complete registry of impounded dogs, showing in detail in the case
of each dog, the date of receipt, the breed, color, and sex of such
dog, and if licensed, the number of such license and the name and
address of the owners.
C.
To notify
by mail the owner of any animal, bearing identification, impounded
by the Animal Control Officer, stating that such animal is confined
at the City Animal Shelter, and specify the amount necessary to reclaim
or redeem the same and the period which the animal will be held before
destroying or otherwise disposing of the same.
(Ord. 2006-375 §1)
A.
Authority.
Each animal control officer shall have, and is hereby vested with
the authority of a public officer. The animal control officers may,
in the performance of their duties, enter upon any property pursuant
to law, to ascertain if any of the provisions of this chapter or any
State laws relating to disease, care, treatment, or cruelty to animals
are being violated. Each animal control officer may issue citations
for the violation of the provisions of this chapter, any State law,
or City ordinance in the manner prescribed by the ordinance, and remove
animals from said premises if they deem necessary. The authority to
issue citations in the manner prescribed by the City shall be alternative
to any other authority provided by law.
B.
Police
Powers. Any animal control officer of the City shall have police powers
in the enforcement of this chapter and no person shall interfere with,
hinder, molest or abuse any animal control officer of the City in
the exercise of such powers.
C.
Animal
Control Devices. In the performance of duties for the control of animals,
the Animal Control Officer shall have the authority to employ the
use of the tranquilizer gun or other animal control devices in common
use within the State of California.
D.
Quarantine
of Suspected Animal. Whenever the owner of any animal shall observe
or learn that the animal has rabies; has symptoms of rabies; has been
exposed to rabies or has acted in a manner which would lead him or
her to suspect that it might have rabies, the owner shall immediately
notify the Poundmaster and shall allow the Poundmaster to make an
inspection or examination of the animal. Whenever it appears to the
Poundmaster that the animal has rabies or has been exposed to rabies,
he or she shall quarantine the animal until it shall be established
to his or her satisfaction that the animal has or does not have rabies.
E.
Destruction
of Rabid Animals. If it appears to the Poundmaster that an animal
has rabies, he or she shall cause same to be destroyed in a lawful
manner, which may include destroying the animal immediately if this
is the only method available to contain the animal.
(Ord. 2006-375 §1)
It shall be unlawful for the owners or persons having custody
of any animal to permit, either willfully or through failure to exercise
due care or control, any cruel acts upon any animal. "Cruel
acts" are defined as follows:
A.
To place,
leave or expose, making accessible to animals, any poisonous substance.
B.
To have,
keep, or harbor any animal which is infected with any dangerous or
incurable or painfully crippling condition, except as hereinafter
provided. All such diseased or crippled animals with an incurable
ailment taken into custody of the City shall be transferred to the
Poundmaster for impoundment.
This section shall not apply to animals within veterinary hospitals
or under the care of a veterinarian, or having been diagnosed with
any common, incurable disease where impoundment or quarantine is not
recommended by a doctor of veterinary medicine.
C.
To fail,
refuse, or neglect to provide any animal in their charge or custody
as owner or otherwise, with food, drink, shade or weatherproof housing
facilities, or to carry any animal in or upon any vehicle in a cruel
or inhumane manner.
D.
To willfully,
or maliciously kill, maim, disfigure, tease, torture, beat with a
stick, chain, club, or other object, mutilate, burn, scald with any
substance, overdrive or other cruelty set upon any animal, except
that a reasonable force may be employed to drive off vicious or trespassing
animals.
E.
To hobble
livestock or other animals by means of chains which are composed of
tempered or other permanent wire links.
F.
To drive
or work any animal in a cruel manner when such animal is unfit for
such work.
G.
To promote,
stage, hold, manage, conduct, carry on, or attend any game, exhibition,
contest, or fight in which one or more animals are engaged for the
purpose of injuring, killing, maiming, or destroying themselves or
any other animal or person.
H.
No person
shall keep upon any premises, any animals in a foul, offensive, obnoxious,
filthy or unsanitary condition.
I.
Failing
to immediately and properly dispose of an animal's solid waste
deposited on any property, public or private, not owned or possessed
by that person.
(Ord. 2006-375 §1; Ord. 2015-435 §1)
No person shall keep, harbor or maintain upon his or her premises
within the City more than a total of 3 dogs over the age of 4 months
unless said person shall obtain a kennel permit in addition to obtaining
a license for each dog more than 4 months of age and shall comply
with the kenneling permit requirements of this chapter, unless said
person comes within one of the following conditions:
A.
Upon
reasonable showing of necessity to the Animal Control Officer, a person
may be permitted to keep a dog for a period of time not to exceed
30 days.
B.
A person who had on or before the effective date hereof 4 or more licensed dogs in the City shall be required to obtain a yearly kennel permit pursuant to Section 6.04.250 of this chapter. The requirement of obtaining a kennel permit shall be effective 90 days after the effective date of the ordinance codified in this chapter.
(Ord. 2006-375 §1)
A.
It is
unlawful for any dog to be kept in the City, which dog shall by loud
or excessive barking, howling, whining or making any other noise disturb
the comfort or quiet of any neighborhood or any person; provided that
said owner has been made aware of the disturbance created by the dog.
B.
No person
shall keep or maintain, or cause or permit to be kept or maintained
upon any premises, any dog which by habitual and continual barking,
howling or whining shall disturb the peace and comfort of any neighborhood
or interfere with the reasonable and comfortable enjoyment of life
or property by any person.
C.
No person
shall keep or maintain, or cause or permit to be kept or maintained,
any dog owned by him or her or in his or her possession or under his
or her control which habitually commits a nuisance upon the property
of any other person.
D.
It is
unlawful for any owner of any dog to allow the dog to excrete feces
on private property or on City-owned property without immediately
removing the same and disposing of it in an approved manner.
E.
It is
unlawful for any owner of any dog to allow the accumulation of feces
excreted by any such dog on the premises where the dog is maintained
so as to cause odors that disturb the reasonable and comfortable enjoyment
of life or property by any other person.
(Ord. 2006-375 §1)
It is unlawful for any person having the care or possession
of a dog or any other animal to allow or permit the dog or other animal
to run at large within the City.
(Ord. 2006-375 §1)
Whenever it is shown that any animal has bitten any person,
the owner thereof shall, upon the order of the Poundmaster, quarantine
it and keep it tied up or confined for a period of 10 days, and shall
allow the Poundmaster or other authorized official to make an examination
of the animal at any time during the period of quarantine.
(Ord. 2006-375 §1)
Whenever any animal shall be bitten by another animal having
rabies or showing symptoms of having rabies, the owner of the animal
so bitten, shall upon being informed thereof, either destroy the animal,
quarantine it and keep it confined for a period of 6 months, or place
the animal in the care of a duly licensed veterinarian for the purpose
of having the standard anti-rabies treatment administered and keep
the same confined for a period of 3 weeks after the treatment has
been completed. The Poundmaster shall have the power to either destroy,
quarantine or treat the animal so bitten in case the owner thereof
shall fail to do so immediately, or in case the owner is not immediately
available.
(Ord. 2006-375 §1)
No person shall bring an animal or permit an animal to enter
the City in which rabies exists, or has existed within the previous
6 months unless the animal has been vaccinated with anti-rabies vaccine,
and the owner of the animal has an official tag or other receipt showing
that the animal has been vaccinated by a duly licensed veterinarian.
(Ord. 2006-375 §1)
A.
Unaltered
Animal License for Responsible Owners.
1.
Owners
of dogs and cats shall act responsibly when considering whether to
breed their dog or cat.
a.
Spaying or neutering of dogs and cats is recommended.
b.
Owners of dogs and cats may purchase an Unaltered Animal License
from Santa Barbara County Animal Services if a California licensed
veterinarian issues a Veterinary Certificate stating in writing that:
The owner has discussed the objectives and purpose for owning
the dog or cat with the veterinarian, and after considering the overall
circumstances, including the age and health of the animal, the veterinarian
concludes that the owner and dog or cat will best be served by authorizing
the owner to purchase an Unaltered Animal License.
c.
A current Veterinary Certificate is required each time an Unaltered
Animal License is purchased.
d.
A Veterinary Certificate is valid for either one year or the term
of the license, whichever is longer.
2.
For
every owner in the City who owns a dog or cat over 6 months of age
and whose animal does not meet the requirements to purchase an Unaltered
Animal License, the owner shall have the dog or cat spayed or neutered.
3.
These
requirements do not apply to owners of dogs and cats temporarily visiting
the city for 30 days or less.
B.
Does
Not Qualify for an Unaltered Animal License. The following owners
of dogs or cats do not qualify for an Unaltered Animal License:
C.
Dog
Licenses.
1.
It
is unlawful to own or have custody of a dog 4 months of age or older
unless a Santa Barbara County dog license has been procured.
2.
The
County shall only issue a dog license after the dog to be licensed
has been vaccinated against rabies by a method approved by a licensed
veterinarian who shall issue to the owner or person entitled to custody
of the dog to be licensed a rabies certificate which shall include
information as prescribed by the County veterinarian.
3.
Upon
payment of the license fee and the presentation of a valid rabies
vaccination certificate, the County shall issue a dog license and
dog tag to the person paying the license fee. The dog tag shall be
securely affixed to the dog and shall remain attached at all times.
4.
A
County dog license shall be valid for a period not to exceed 3 years
and the license period shall not extend beyond the remaining period
of validity for the current rabies vaccination.
D.
Unaltered
Cat Licenses.
1.
It
is unlawful to own or have custody of an unaltered cat 6 months of
age or older unless an Unaltered Animal License has been procured.
2.
Upon
payment of the license fee and the presentation of a current Veterinary
Certificate, the County shall issue an Unaltered Animal License and
cat license tag to the person paying the license fee. The cat tag
shall be securely affixed to the cat and shall remain attached at
all times.
3.
An
Unaltered Animal License for a cat shall be valid for one year.
E.
General.
1.
An
Unaltered Animal License constitutes a breeders license. The Unaltered
Animal License number will be displayed in any advertisements to sell
or give away offspring of the animal.
2.
For
each Unaltered Animal License sold, $10.00 will be deposited into
the Animal Services Spay/Neuter Agency Fund to be used for services
such as: educational outreach and spay or neuter subsidies.
F.
Enforcement
Responsibility. The Director of Santa Barbara County Animal Services
shall be responsible for the administration and enforcement of this
section. Any request for review of a denial for an Unaltered Animal
License shall be submitted in writing to the Director of Animal Services
who shall hold a hearing.
(Ord. 2006-375 §1; Ord. 2014-423 §1)
A.
Definition.
"Transfer" shall mean any transaction in which a dog,
puppy, cat or kitten is delivered to a new owner, and shall include,
but not be limited to, the sale, sale at auction, barter, exchange,
gift or adoption of any dog, puppy, cat or kitten.
B.
Health
Records. Any individual who transfers a dog, cat, puppy or kitten
to a new owner shall authorize access to the animal's health
and vaccination records, including the name of the licensed veterinarian
who examined the animal. The individual transferring the animal(s)
shall also provide the new owner with a copy of the ordinance codified
in this section if the new owner resides in Santa Barbara County;
or the requirements of Health and Safety Code Sections 122045 through
122110 and 122125 through 122315 (Polanco-Lockyer Pet Breeder Warranty
Act and the Lockyer-Polanco Farr Pet Protection Act, respectively)
if the new owner resides in California.
C.
Any
person advertising the availability of a puppy or kitten for transfer
must prominently display the Unaltered Animal License number of the
mother dog or cat in the advertisement.
Any person advertising the availability of an unaltered dog
or cat for transfer must prominently display the Unaltered Animal
License number in the advertisement.
D.
No dog,
puppy, cat or kitten shall be transferred as a prize.
(Ord. 2014-423 §2)
A.
Upon
payment of the license fee and any penalties due, the Finance Department
shall issue to the person making the payment a license and a tag bearing
the serial number and year for which the license is issued.
B.
The
license tag must, in all cases and at all times, be fastened to a
substantial collar worn around the neck of the dog for which it was
issued. Whenever a tag issued for the then current year has been stolen
or lost, the owner of the dog for which the tag was issued may, upon
the payment of a fee in an amount which shall be set by resolution
of the City Council, obtain a replacement tag for the animal. Fees
for replacement shall be set on an annual basis upon the recommendation
of the Finance Department.
(Ord. 2006-375 §1)
A.
Any
dog upon which the license fee is unpaid, or upon which the owner
refuses to pay the license fee, or refuses to have the dog vaccinated
as herein required, may be lawfully taken up and impounded by the
Poundmaster, designee, or any peace officer of the City, and it shall
be lawful for such officer to enter upon the property of any person
for the purpose of enforcing this section.
B.
Any
dog taken up and impounded as provided shall be held at the City Pound
for 5 days and if the requirements of this section are not met within
5 days, the Poundmaster shall cause the dog to be disposed of as required
by law.
C.
In addition
to the requirements for the license fees, the owner shall also pay
redemption and impoundment fees.
(Ord. 2006-375 §1)
All dogs less than 4 months of age shall be confined to the
premises of, or kept under physical restraint by the owner, keeper,
or harborer. Nothing in this section shall be construed to prevent
the sale or transportation of a puppy 4 months old or younger.
(Ord. 2006-375 §1)
The owner or person(s) entitled to the control of any animal,
which is impounded, may at any time prior to the lawful disposal of
the animal redeem the animal by paying all applicable fees.
(Ord. 2006-375 §1)
The fees for impoundment and redemption of all animals impounded
under this chapter shall be established by resolution of the City
Council adopted from time to time.
(Ord. 2006-375 §1)
No person shall keep, harbor, maintain upon his or her premises
within the City any fowl, livestock or wild animals. If a person has
any fowl, livestock or wild animals on the effective date hereof,
the person shall have 90 days from the effective date hereof to come
into compliance with this section.
(Ord. 2006-375 §1)
All animals impounded under the provisions of this chapter shall
be disposed of as provided by law; provided, that no impounded dog
shall be disposed of until after written notice has been given by
the Poundmaster or designee to the owner of said dog as provided herein.
If the dog is licensed under the provisions of this chapter and there
is affixed to the collar of the dog a City license tag, the notice
shall be given to the owner at the address set forth in the City licensing
records. If the dog is not licensed and there is no license tag attached
to the collar of the dog, no notice need be given. The notice shall
contain a description of the dog impounded, the breed, sex and the
date the dog was impounded. The notice shall be served by mailing
a copy thereof by United States mail to the owner of the dog at the
last address of the owner as shown on the City's records. If
no person appears and redeems the dog within 5 days from the date
of mailing of the notice or within 5 days after the dog was impounded,
whichever is later, the Poundmaster shall cause the dog to be disposed
of as provided by law. Provided, however, that any interested person
may redeem the impounded dog or any other animal upon payment of all
applicable fees.
(Ord. 2006-375 §1)
A.
It is
unlawful for any person, firm, corporation, or association to erect,
establish, or maintain any commercial animal establishment or pet
shop without first obtaining a business license from the City. After
inspection and approval of the conditions of the commercial animal
establishment by the Poundmaster, the required business license may
be issued by the City. Such license shall be issued pursuant to City
licensing regulations, provided any inspection by the Poundmaster
and other City officials does not reveal any violation of the provisions
of this chapter, the City Building Codes and Zoning Ordinances and
any other ordinances, rules or regulations.
B.
Every
person within the City who owns, conducts, or manages a commercial
animal establishment for which a City business license or special
use permit is required shall comply with each of the following conditions:
1.
Housing
facilities shall be structurally sound and shall be maintained in
good repair to protect animals from injury and restrict entrance of
other animals.
2.
All
animals and all animal buildings or enclosures shall be maintained
in a clean and sanitary condition.
3.
All
animals shall be supplied with sufficient good and wholesome food
and water as often as the feeding habits of the respective animals
require.
4.
Animal
buildings and enclosures shall be so constructed and maintained as
to prevent escape of animals.
5.
All
reasonable precautions shall be taken to protect the public from the
animals and the animals from the public.
6.
Every
building or enclosure wherein animals are maintained shall be properly
ventilated to prevent drafts and to remove odors. Heating and cooling
shall be provided as required according to the physical needs of the
animals.
7.
All
animal rooms, cages, and runs shall be of sufficient size to provide
adequate and proper housing for animals kept therein.
8.
All
animal runs shall be of concrete and provided with adequate drainage
into an approved sewer or individual sewer disposal installation.
9.
All
animals shall be taken to a licensed veterinarian for an examination
and treatment if so ordered by the Animal Control Officer.
10.
Every violation of applicable regulation shall be corrected within
reasonable time to be specified by the Animal Control Officer.
11.
Commercial animal establishments shall comply with all other applicable
Guadalupe codes and ordinances.
12.
All commercial animal establishments may be inspected from time to
time by an animal control officer to investigate any complaints of
violations of the provisions of this section.
C.
Failure
of the applicant for a license or special use permit to comply with
any one of the foregoing conditions shall be deemed just cause for
the denial of any business license, whether original or renewal and/or
the issuance of a citation for violations pursuant to provisions of
this section.
(Ord. 2006-375 §1)
Application for all kennel or breeder permits pursuant to this
chapter shall be filed with the Police Department on a form prescribed
by the Police Department. Fees charged for these permits shall be
set annually by resolution of City Council. The kennel and breeder
permits shall be issued for the calendar year or any part thereof
and are effective from January 1st of each year and expire on December
31st of that same year. Renewal and payment of the permit are due
and payable on January 1st of each year. The Finance Department shall
collect a delinquent penalty in an amount equal to the amount as established
for license penalties. Any or all of the permits within this Code
may be immediately suspended for any violations of the permit.
(Ord. 2006-375 §1)
A.
It shall
be unlawful for any person(s) to own, maintain, or harbor any more
than 3 dogs combined within the City limits without first obtaining
a kennel permit from the Poundmaster. A kennel permit shall permit
no more than 10 dogs to be kept, harbored or maintained upon a person's
premises within the incorporated area of the City subject to approval
of the Poundmaster. The kennel permit fee shall be set by resolution
of the City Council.
B.
The
applicant for a kennel permit must comply with the following conditions
before issuance of a permit:
1.
Zoning
conformance must first be established for each kennel construction/use
proposal prior to proceeding with environmental health, sanitation,
and construction evaluations of the proposal.
2.
Complete
plans and specifications of the kennel facilities shall be submitted
to and be approved by both the Planning Director and the Planning
Commission prior to the construction.
3.
Kennel
buildings (pens) shall not be located within 50 feet of any property
line nor less than 40 feet from any habitable building.
4.
Kennels
must be connected to a public sewer to serve the manure flushing process.
5.
Kennel
buildings must be constructed with masonry walls, sloped to drain
concrete floors, soundproofing, including double pane windows and
adequate ventilation as determined by the Building Official.
6.
Dogs
must be placed in the masonry kennel building from 6:00 p.m. to 7:00
a.m.
7.
The
entire kennel and pen area must be screened from view by a solid 6-foot
high fence. Dogs may at no time run loose or be outside of this fenced
area unless on a leash.
8.
Minimum
dog run size (horizontal dimension) will be 4 feet by 10 feet inside
kennel area and 4 feet by 12 feet outside kennel area.
9.
Feed
storage, medicated feed, medicine and supplies must be kept safe from
children and others in a separate locked rodent-proof room or secured
place. All feed shall be kept in rodent-proof containers which are
placed 18 inches above the floor surfaces.
10.
Separate hand washing and toilet room facilities must be available
in the kennel area.
11.
Pens must be clean and sanitary at all times with an effective fly
and odor control program submitted to the Animal Control Officer for
staff's approval.
12.
No portion of the kennel or its dog occupants will be allowed to
become a nuisance.
13.
No exterior lighting shall interfere with neighboring residential
properties.
14.
Maximum dog occupancy of each and all portions of the kennel facilities
shall be as determined by the Planning Commission in consultation
with the Animal Control Officer and the Planning Director.
15.
In lieu of any the foregoing requirements, the owner may propose
an alternative which meets the intent of these requirements. The owner
must prove the equivalent adequacy of the alternative. The approval
of alternatives is required prior to issuance of a permit.
16.
A kennel license shall be in addition to any other permits, including
a conditional use permit, required by the Guadalupe Municipal Code.
C.
Upon
completion of the above requirements and final construction approval
by the Building Division of the Community Development Department,
a kennel license shall be obtained from the Finance Department of
the City.
D.
The
permit will be for a calendar year, or any part thereof in which the
permit is required, with the permit fee due and payable on January
1st of each year.
(Ord. 2006-375 §1)
It shall be unlawful for any person to breed more than one litter
of dogs in one calendar year from one premises without first obtaining
a breeder permit. The fees for a breeder permit shall be set by resolution
of the City Council and must be submitted to the Department of Finance.
Breeding permit requirements are as follows:
A.
No offspring
can be sold/adopted until they reach between 6 to 8 weeks of age.
B.
No offspring
can be sold/adopted until vaccinated against common diseases.
C.
The
breeder permit holder must display the permit number when advertising
the animals for sale/adoption.
(Ord. 2006-375 §1)
It shall be unlawful for any breeder to advertise the sale/adoption
of a litter of dogs in the City without including in the advertisement
a City breeder permit number.
(Ord. 2006-375 §1)
Every commercial animal establishment, breeders, kennels and
others who sell or adopt animals must keep permanent records of all
dogs sold or adopted and forward such information on a monthly basis
to the Poundmaster for licensing and confirmation of rabies vaccination.
(Ord. 2006-375 §1)
A.
A spay
or neuter deposit will be required upon the purchase of any unaltered
dog from the City Animal Shelter pursuant to Food and Agriculture
Code Section 30503. The deposit will be applied to the spay or neuter
surgery of the animal.
B.
Any
dog sold from the City Animal Shelter shall be spayed or neutered
within 30 days of adoption for animals more than 6 months of age.
For animals less than 6 months old, they shall be spayed or neutered
within 30 days of reaching 6 months of age for females and within
30 days of reaching 8 months of age for males. An extension of time
to perform surgery may be granted by the Poundmaster if a veterinarian
provides a medical determination that the surgery cannot be performed
as scheduled and must be postponed.
(Ord. 2006-375 §1)
Under the following conditions, potbellied pigs may be kept
as household pets:
A.
An owner of a potbellied pig shall secure a license for their potbellied pig in the same manner as specified in Section 6.04.150 of this chapter.
B.
Potbellied
pigs may only be kept as pets at single-family detached residential
dwelling units with individual fenced yards.
C.
A maximum of one potbellied pig may be kept at any residence as described above. A potbellied pig will substitute for a dog when enumerating the permissible total number of dogs per residence under Section 6.04.090 of this chapter or other applicable section.
D.
Yards
and other enclosing structures where potbellied pigs are kept shall
be built and maintained so as to keep the animals effectively confined.
E.
Yards
and structures where potbellied pigs are kept shall be maintained
free of nuisances such as odors, flies, and accumulated waste material.
F.
Tusks
(canine teeth) of potbellied pigs shall be removed or kept trimmed
below the level of adjacent teeth.
G.
Female
potbellied pigs shall be spayed prior to 5 months of age and male
potbellied pigs shall be neutered prior to 7 weeks of age; or, if
older animals are brought to a residence in the City for pet purposes,
spaying and neutering shall be done within 2 weeks of being brought
to residential property within City limits. No breeding of, nor raising
litters of, potbellied pigs shall be allowed at any residence.
H.
Potbellied
pigs shall be registered/certified by the Potbellied Pigs Registry
Service, Incorporated or the North American Potbellied Pig Association
as purebred potbellied pigs.
I.
Each
pet potbellied pig shall annually be examined by a licensed veterinarian,
who will certify the following and prepare a written record of these
certifications:
1.
Documentation
showing that the animal is registered or certified by either the Potbellied
Pig Registry Service, Incorporated or the North American Potbellied
Pig Association, accompanied by a photograph which can be used to
identify the animal described in the registration/certification papers;
2.
The
age of the potbellied pig;
3.
Verification
that the animal has been neutered (if male) or spayed (if female);
4.
Verification
that the potbellied pig has current negative blood tests for brucellosis
and pseudorabies;
5.
Verification
that the animal's tusks have been removed, or have been trimmed
so that the ends of the tusks will remain below the height of adjacent
teeth until the next scheduled trimming;
6.
Verification
that the potbellied pig has a current negative test for ova and parasites
and/or the animal is being treated with an effective deworming program
to prevent tapeworm infection;
7.
Verification
that the potbellied pig is in good health, with no symptoms of communicable
swine diseases or zoonoses;
8.
The
actual weight of the potbellied pig. This certification document or
veterinary record shall be legibly signed by the veterinarian, and
shall include the printed name, address, license number and business
telephone number of the veterinarian.
J.
The most recent veterinary certification, as described in subsection I of this section, shall be kept at the premises where any pet potbellied pig is being maintained, and shall be promptly presented upon request, so that the elements in this documentation may be verified by representatives of City Code Enforcement, County or State Health Services, animal health/veterinary, and/or animal welfare agencies.
K.
The
weight of a pet potbellied pig shall not exceed 120 pounds.
(Ord. 2006-375 §1)
It shall be unlawful for a person to keep a dangerous or vicious
animal. Any animal which has been found to be dangerous or vicious
pursuant to the Ordinance Code of the City, or any other County or
City ordinance or any State statute, shall be conclusively presumed
to be dangerous or vicious.
(Ord. 2006-375 §1)
A.
The
Animal Control Officer shall determine whether an animal is dangerous
or vicious whenever it has attacked, bitten or caused injury to any
human or other animal. Within 2 business days after an animal which
is wearing a license tag is impounded pursuant to this chapter, the
Animal Control Officer shall mail a notice of the Animal Control Officer's
determination that the animal is dangerous or vicious and of the owner's
right to a hearing on the issue of whether or not the animal is dangerous/vicious.
The Hearing Officer shall be the Poundmaster or his or her designee.
B.
The
owner of an animal confined or impounded pursuant to this section
may, within the time period provided for application for redemption
of the animal, request a hearing to determine whether or not the animal
is dangerous/vicious.
C.
When a hearing is requested pursuant to subsection B of this section, the Animal Control Officer shall set a date and time for such a hearing and send a notice thereof by regular mail at least 5 business days, including Saturday, before such date to the owner at the address set forth on his or her request and shall also notify the victim and the Hearing Officer.
(Ord. 2006-375 §1)
Within 2 business days after an animal which is wearing a license
tag is impounded, the Animal Control Officer shall mail a notice of
the impounding to the owner of the animal at the address shown on
the application for the license which is on file in the office of
the Poundmaster, and advise the owner of the procedure whereby he
or she may regain custody of the animal. A fee shall be paid by the
owner to the City any time that the Animal Control Officer transports
an animal to the City Animal Shelter. A fee for boarding the animal
shall also be charged. The fees shall be determined by City resolution
based upon the cost of providing the service.
(Ord. 2006-375 §1)
A.
A hearing requested in accordance with subsection 6.04.320(B) of this chapter shall be conducted before a person appointed a Hearing Officer. The Animal Control Officer shall send notice to victims requesting this hearing.
B.
The hearing shall be open to the public. The owner may be represented by counsel. The Hearing Officer shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the Hearing Officer's decision may not be based wholly on hearsay evidence. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where criminal charges under Section 6.04.380 of this chapter are pending against the owner or if it is possible that such charges may be brought against the owner. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to record the hearing.
C.
Any
animal which has attacked, bitten or caused injury to a human being
or other animal is presumed to be dangerous or vicious and the burden
is on the owner to present evidence that the animal is not dangerous/vicious.
D.
In making
a determination that an animal is or is not dangerous/vicious, evidence
of the following shall be considered:
1.
Any
previous history of the animal attacking, biting or causing injury
to a human being or other animal;
2.
The
nature and extent of injuries inflicted and the number of victims
involved;
3.
The
place where the bite, attack or injury occurred;
4.
The
presence or absence of any provocation for the bite, attack or injury;
5.
The
extent to which property has been damaged or destroyed;
6.
Whether
the animal exhibits any characteristics of being trained for fighting
or attack or other evidence to show such training or fighting;
7.
Whether
the animal exhibits characteristics of aggressive or unpredictable
temperament or behavior in the presence of human beings or dogs or
other animals;
8.
Whether
the animal can be effectively trained to change its temperament or
behavior;
9.
The
manner in which the animal has been maintained by its owner or custodian;
10.
Any other relevant evidence concerning the maintenance of the animal;
and
11.
Any other relevant evidence regarding the ability of the owner or
custodian to protect the public safety in the future if the animal
is permitted to remain in the City.
(Ord. 2006-375 §1)
A.
At the
conclusion of the hearing, the Hearing Officer may determine:
1.
That
the animal is not a dangerous or vicious animal and should be returned
to its owner;
B.
The
decision of the Hearing Officer shall be in writing and shall be delivered
personally to the owner or mailed to him or her by regular mailing
at the address appearing on the request for hearing. A copy of the
decision shall be mailed to the Animal Control Officer.
C.
The
owner may seek judicial review of a decision of the Hearing Officer
made after a hearing pursuant to Section 1094.6 of the California
Code of Civil Procedure where and to the extent said section may be
applicable or any other applicable State or federal law.
(Ord. 2006-375 §1)
A.
It shall be unlawful for any person to own, possess, harbor or keep any animal declared to be dangerous or vicious pursuant to Section 6.04.310 of this chapter and subsection 6.04.350(A)(3) of this chapter.
B.
Any
animal declared to be dangerous/vicious, if not already impounded,
shall be immediately surrendered to the Animal Control Officer, and
it is the duty of the Animal Control Officer to take up and impound
any such animal.
C.
Any animal declared to be dangerous or vicious shall be humanely destroyed. The Animal Control Officer shall sign an order authorizing the destruction of the animal within 2 business days after the time for judicial review, as provided by Section 6.04.350 of this chapter, has passed without a request for judicial review being filed, or after the 5th business day after the Hearing Officer's decision affirming that the animal is dangerous or vicious has been served upon the Animal Control Officer.
(Ord. 2006-375 §1)
If it is determined that the animal is not dangerous or vicious,
but that the bite, attack or injury was the result of improper or
negligent training, handling or maintenance, then the following conditions
will be enforced:
A.
Training
will be required of the owner and the animal.
B.
The
current license will be revoked and a "provisional" dog
license will be issued during a probationary period.
C.
After
successful completion of the probationary period, the dog shall be
issued a current City dog license.
D.
Any
violation of the probation terms set forth by the Hearing Officer
will result in immediate impoundment. The animal will be declared
to be dangerous or vicious and humanely destroyed no sooner than 5
business days after mailing a notice of violation of probation and
impoundment.
(Ord. 2006-375 §1)
In any case wherein an animal attacks a human being or another
animal, then such act shall constitute a separate and distinct violation,
and shall be punishable as follows:
A.
Any
person whose animal attacks a human being without causing bodily injury,
or attacks another animal, shall be guilty of an infraction and shall
be punished upon a first conviction by a fine of $100.00, and for
a second conviction within a period of one year by a fine of $200.00,
and for a third or subsequent conviction within one year, by a fine
of $300.00.
B.
Any
person whose animal attacks a human being causing bodily injury shall
be guilty of a misdemeanor and shall be punished by a fine of not
more than $500.00 or by imprisonment in the County jail for not more
than 6 months, or by both such fine and imprisonment.
(Ord. 2006-375 §1)
A.
Except as otherwise provided in Section 6.04.370 of this chapter, any person violating any provision of this chapter shall be deemed guilty of an infraction and shall be subject to the following fines:
B.
If any
violation is continued, each day's violation shall be deemed
a separate violation. Any person found guilty of more than 3 violations
of this chapter within a 12-month period shall be deemed guilty of
a misdemeanor and fined up to $1,000.00 or imprisoned for a term not
to exceed 30 days for each misdemeanor conviction. The person shall
also pay any and all expenses, including shelter, food, veterinarian
expenses for identification or certification or boarding associated
with the seizure of the animal.
(Ord. 2006-375 §1)
