Animal.
Any living vertebrate member of the animal kingdom, excluding man.
Animal control officer.
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.
Animal shelter.
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.
At large.
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.
Auction.
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.
Bird.
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.
Breeder.
Any person, persons or business who breeds 2 or more litters of dogs in one year for sale or profit.
Cat.
Any member of the feline family, wild and domesticated, and shall be intended to mean both male and female.
Commercial animal establishment.
Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibit, or boarding kennel.
Dog.
Any member of the canine family, wild or domesticated, and shall be intended to mean both male and female.
Domestic animals.
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.
Fowl.
Any chicken, duck, goose, turkey, guinea, pigeon, peacock or other fowl.
Hearing officer.
The Poundmaster or any designee of the Poundmaster.
Impoundment.
Shall mean the taking up and confinement of any animal in an animal shelter, veterinary hospital, or other facility.
Kennel.
Any premises, wherein any person keeps 6 or more dogs more than 4 months of age except commercial animal establishments.
Litter.
A litter shall be defined as 2 or more offspring from one or more female dogs located at the same premises.
Livestock.
Any large animal kept or raised for use, pleasure or profit.
Owner.
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.
Person.
Any individual, partnership, firm, corporation, joint venture or entity.
Pet.
Any domesticated dog, cat, bird, potbelly pig, guinea pig, hamster or aquarium kept for pleasure rather than utility.
Pet shop.
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.
Poundmaster.
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.
Premises.
Shall mean a house, other dwelling, a yard or other area so enclosed as to prevent a dog from escaping.
Private property.
That property on which a person or persons have the exclusive rights of disposition.
Public nuisance.
Any animal or animals which:
1. 
Molests passersby or chases passing vehicles.
2. 
Attacks other animals.
3. 
Trespasses on school grounds.
4. 
Is repeatedly at large.
5. 
Damages private or public property.
6. 
Barks, whines, or howls or makes any other noise that disturbs the comfort and quiet of any neighborhood or any person.
7. 
Produces odors from feces or urine that disturbs the comfort and enjoyment of any neighborhood or any person.
Public place.
Any park, public building, playground, street, road, alleyway, or other place open to the general public.
Restraint.
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.
Veterinary hospital.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Vicious animal.
Any animal, wild or domesticated, that attacks or bites any person or animal upon any public or private property within the City.
Wild animal.
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:
1. 
Owners of dogs or cats impounded and/or cited at large 3 times within a year.
2. 
Owners of dogs or cats convicted in California for crimes against animals and/or domestic violence.
3. 
Dogs whose owners have been found guilty of an infraction under Section 6.04.390 of this chapter after their dog has bitten, attacked, or caused injury to a human being or animal while the dog was running at large.
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;
2. 
That the animal is not dangerous or vicious, but the attack, bite or injury was the result of improper or negligent training, handling or maintenance and that the license should be revoked and proper training of the owner and the dog be required pursuant to Section 6.04.370 of this chapter.
3. 
That the animal is a dangerous or vicious animal and it should be humanely destroyed no sooner than the 5th business day following the mailing of notice of the Hearing Officer's decision, pursuant to Section 6.04.360 of this chapter.
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.
C. 
After each attack or bite, the Animal Control Officer shall determine whether a dog is dangerous or vicious pursuant to Section 6.04.320 of this chapter.
(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 a misdemeanor, however, the City shall have the prosecutorial discretion to cite any misdemeanor violation of this Chapter as an infraction, and if cited as an infraction, shall be subject to the following fines:
1. 
$50.00 upon the first offense.
2. 
$100.00 upon the second offense in a 12-month period.
3. 
$250.00 upon the third offense in a 12-month period.
B. 
If any violation is continued, each day's violation shall be deemed a separate violation. Any person found guilty of more than three 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; Ord. 2023-515, 2/27/2024)