It is unlawful for any person to keep, use, or maintain any animal without proper and adequate care in violations of any of the provisions in this section. The keeping of small animals shall be in accordance with Chapter 6.09.
(a)
Food
and Feeding.
(1)
The animal must be provided wholesome food of sufficient quantity
and nutritive value to maintain a healthy body weight, and meet the
normal daily requirements for the condition and size of the animal.
(2)
The food receptacle must be accessible to the animal and placed in
a location to minimize contamination from excreta and insects. Feeding
pans must be durable and kept clean. Disposable food receptacles may
be used and must be discarded after each feeding. Self-feeders may
be used for dry food and must be sanitized regularly to prevent molding,
deterioration, or the dense compaction of food.
(3)
Spoiled or contaminated food must be disposed of promptly and in
a sanitary manner.
(4)
All dry food intended for use as food for animals must be kept in
metal containers with tightly fitted metal covers or other containers
constructed to keep out vermin and wild animals.
(b)
Water.
(1)
The animal must have access to clean potable water at all times unless
restricted for veterinary care. If the water is kept in a container,
the container must be designed to prevent tipping and spilling of
the water or be secured to either a solid structure or the ground.
(2)
Water containers must be clean and must be emptied and refilled with
fresh water every twenty-four hours or alternatively if the water
is provided by an automatic or demand device, the water supply connected
to the device must function twenty-four hours a day.
(c)
Veterinary
Treatment. The animal must receive veterinary treatment from a veterinarian
licensed by the state of California when such treatment is necessary
to alleviate the animal's suffering or prevent transmission
of disease.
(d)
Exercise.
The animal must be provided the opportunity to exercise in order to
maintain normal muscle tone and mass for the age, size, and condition
of the animal.
(e)
Dog
Confinement. No dog may be tethered, fastened, chained, tied, or restrained
to a shelter, tree, fence, or any other stationary object, except
in accordance with Penal Code Section 597t and Health and Safety Code
Section 122335, as may be amended from time to time.
(f)
Shelter.
Any animal maintained outdoors must have adequate shade and shelter
such that the animal can protect itself from the elements. Such shelter
must be:
(1)
Accessible to the animal at all times;
(2)
Situated to prevent exposing the animal to unreasonably loud noise,
teasing, abuse or injury by another animal or person;
(3)
Of adequate size inside and outside the shelter to allow the animal
to stand up, sit, turn around freely and lie down in a normal position;
defecate and urinate away from its confinement; and safely interact
with any other animal;
(4)
Adequately lighted to provide regular diurnal lighting cycles of
natural or artificial light uniformly diffused throughout the shelter,
and sufficient illumination for routine inspections and care of the
animal;
(5)
Supplied with clean and dry bedding material or other means of protection
from the weather elements to maintain the shelter at a temperature
that is not harmful to the health of the animal;
(6)
Constructed with at least five sides including a roof and floor.
The floor must be raised off the ground; be free of cracks, depressions
and rough areas where insects, vermin or eggs for internal parasites
may lodge; and protect the animal's legs and feet from injury;
and
(7)
Cleaned and maintained in a manner designed to ensure sanitary conditions
and to control for insects, ectoparasites, and other pests. Carcasses,
debris, food waste, excreta, and other like material must be removed
from the shelter as often as necessary to minimize unreasonably obnoxious
odor, allergen, pests, and the risk of disease. If the animal is confined
within the shelter during cleaning, the animal may not be exposed
to any cleaning agents or water. Rugs, blankets, or other bedding
material must be kept clean and dry.
(g)
Sanitation.
It is unlawful for unsanitary conditions to exist on the premises
where any animal is kept which would cause odors, attract flies or
vermin, or otherwise be injurious to public health and safety, offensive
to the senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or property by
others.
(h)
Chain
Collar Prohibited. It is unlawful for any person to use a chain as
a collar for any animal except during training sessions under the
direct supervision of the owner or custodian.
(Ord. 3146-19 § 1)
(a)
It
is unlawful for any person to maintain, at any dwelling unit, more
than any of the following combination of dogs and cats:
|
Zero adult dogs and four adult cats; or
|
|
One adult dog and three adult cats; or
|
|
Two adult dogs and two adult cats; or
|
|
Three adult dogs and one adult cat; or
|
|
Four adult dogs and zero adult cats.
|
(b)
No
person may allow the parturition and rearing of more than one litter
from all dogs and cars on any premises, including a dwelling unit,
in any consecutive twelve-month period except under the following
circumstances:
(Ord. 3146-19 § 1)
(a)
It
is unlawful for any person to transport or carry any animals in a
motor vehicle on any public highway or roadway located within city
limits unless the animal is safely enclosed inside the passenger area
of the vehicle or by means of a container, cage or other device which
will prevent the animal from falling from, jumping from or being thrown
from the vehicle while the vehicle is in motion.
(b)
It
is unlawful for any person to leave any animal in an unattended motor
vehicle without adequate ventilation or in such a manner as to subject
the animal to extreme temperatures that may adversely affect the health
or well-being of the animal.
(c)
An
animal control officer, police officer, or other safety officer is
authorized to use reasonable force to remove an animal from a vehicle
when it appears that the animal's health, safety or welfare
is endangered.
(Ord. 3146-19 § 1)
(a)
It
is unlawful for an owner or custodian to permit an animal to engage
in any of the following acts:
(1)
Defecate on property other than the private property of the animal's
owner or custodian without immediately removing the feces to a proper
receptacle. This requirement does not apply to persons with visual
disabilities using seeing-eye guide dogs.
(2)
Walk on public property or upon the private property of another without
the owner or custodian carrying, at all times, a suitable container
or instrument for the removal and disposal of dog or animal feces.
(3)
Obstruct the reasonable and comfortable use of public or private
property by chasing vehicles, or molesting passersby.
(4)
Attack other humans or animals.
(5)
Damage private or public property.
(6)
Run at large while in the stage of heat, or while receptive to mating.
(7)
Bark, bay, cry, howl, or make any other noise continuously and incessantly
for a period of ten minutes within any fifteen-minute period, or intermittently
for one-half hour or more, to the disturbance of any other person.
The issuance of a citation shall be within the discretion of an animal
control officer, police officer, or other safety officer.
(b)
Every
owner or custodian shall:
(1)
Prevent such animal from biting or physically harassing any person
engaged in a lawful act and from interfering with the lawful use of
public or private property;
(2)
Prevent such animal from causing substantial injury to another domestic
animal while such domestic animal is lawfully upon public or private
property. Substantial injury means any injury which warrants veterinary
treatment or results in death; and
(3)
Desist from commanding or provoking such animal to attack, sic or
threaten a person when such person is peaceably and lawfully upon
public or private property.
(c)
It
is unlawful for any person to keep any animal within the city in such
a manner that the same becomes or is a nuisance.
(d)
Any
violation of this section is hereby declared to be a public nuisance.
(e)
An
animal control officer, police officer, or other safety officer may
impound any animal causing a public nuisance.
(f)
Nothing
in this section shall require or prevent the use of nuisance abatement
procedures for violations of this section.
(g)
Any
private person may maintain an action under Civil Code Section 3493,
as may be amended from time to time, for compliance with the requirements
of this section.
(Ord. 3146-19 § 1)
(a)
It
is unlawful for any person to feed or in any manner provide an attractant
to wild animals, including birds.
(b)
No
person may leave, store, or maintain any attractant, or scatter food,
seed, or other forms of matter edible to animals in a location and
manner accessible to any wild animal or bird.
(c)
(1)
Any person who is the legal owner of the wild animal and the wild
animal is kept under a valid license or permit issued by the California
Department of Fish and Wildlife, and in compliance with all applicable
laws;
(2)
Any person who feeds or provides an attractant to a trapped injured
or unweaned wild animal between the time that the agency charged with
animal control or its designated agent is notified of the wild animal
and the wild animal is picked up by said agency;
(3)
A wildlife rehabilitator operating under a valid permit from the
California Department of Fish and Wildlife;
(4)
Any person who is using an attractant to trap an animal in a legally
authorized or permitted manner; or
(5)
Any person with a bird feeder provided the feeders are suspended
on a cable or other device to make them inaccessible to wild animals
and the area below the feeders are kept free from the accumulation
of seed debris.
(Ord. 3146-19 § 1)
Any person who finds any animal which has strayed or is running
at large may take possession of and hold the animal; provided however,
that they notify the department of public safety within two hours
that such animal is in his or her possession, give full information
in regard to the animal, and surrender it to the animal control officer
upon demand.
(Ord. 3146-19 § 1)
(a)
Any
person having knowledge that an animal is known to have or is believed
to have bitten any person or to have had direct contact with rabies-suspect
animals must immediately report the basis for such knowledge or belief
to an animal control officer or the administrator.
(b)
Upon
receipt of such a report, an animal control officer may seize and
quarantine the animal, or order the animal quarantined on the owner
or custodian's premises, for a period as may be prescribed by
the Santa Clara County public health department or California Department
of Public Health. An animal control officer may order either the owner
or custodian to quarantine the animal on the premises of the owner
or custodian. No animal shall be removed or released during the quarantine
period without permission of the animal control officer. Any animal
that dies or is destroyed while under quarantine may be required to
be submitted to the laboratory of the Santa Clara County public health
department or other process required by law for rabies examination.
(c)
It
is unlawful for any person to fail, refuse, or neglect to quarantine
any animal as ordered by an animal control officer, or to refuse to
allow the animal control officer to inspect any private premises where
the quarantined animal is kept.
(d)
The
administrator may charge a fee, as set forth in a resolution adopted
by the city council, to recoup the costs of quarantining animals and
inspections for quarantine of animals. Any fee charged shall be paid
by owner or custodian of the animal, and shall be in addition to actual
costs of housing, feeding and otherwise caring for a quarantined animal.
(Ord. 3146-19 § 1)
(a)
Upon
the death of any animal, the owner or custodian shall, within twenty-four
hours, provide for the burial, incineration, or other disposition
of the body of such dead animal in a safe and sanitary manner. If
the owner or custodian is unable to provide for burial or other disposition,
he or she may request an animal control officer to dispose of the
body.
(b)
Upon
learning that the body of a dead animal has not been disposed of in
a safe and sanitary manner, an animal control officer may dispose
of such body as soon as practical; provided, however, that an animal
control officer shall not be required to remove and dispose of bodies
of dead animals on state highways or on state or county property.
(c)
The
administrator may charge a fee, as set forth in a resolution adopted
by the city council, to recover the costs of transport and removal
of dead animals.
(Ord. 3146-19 § 1)
(a)
It
is unlawful for any person to have, keep, maintain, sell, trade or
let for hire any wild, exotic, inherently dangerous, or nondomestic
animal without first applying for and receiving special authorization
from the administrator. The keeping or maintenance of such animals
shall comply with all applicable zoning requirements.
(b)
The administrator may authorize the keeping or maintaining of any wild, exotic, inherently dangerous or nondomestic animal when, as determined by the administrator, any such animal may be kept or maintained without endangering the safety of any person or property. The administrator may require any such animal to be properly caged, tethered, or restrained, may impose additional requirements that he or she deems necessary and appropriate. The administrator may revoke such authorization if he or she determines the safety of any person or property is endangered by the keeping of any such animal. The owner may appeal such determination as provided in Section 6.10.030.
(c)
Exceptions.
The provisions of this section shall not be applicable to licensed
circuses, carnivals, zoos or other collections of wild animals under
jurisdiction of a city, county, state, or federal government.
(Ord. 3146-19 § 1)
It is unlawful for any person to use, install or make operable
any body gripping trap including steel-jawed, leg-hold, sawtoothed,
spike-jawed traps, or snares.
(Ord. 3146-19 § 1)
Pursuant to California Penal Code Section 596, as may be amended
from time to time, it is unlawful for any person to willfully administer
poison to any domestic animal or to willfully place, expose or leave
poisonous or harmful substances of any kind in any place with intent
to injure or kill any domestic animal.
(Ord. 3146-19 § 1)
It is unlawful to abandon any animal in the city.
(Ord. 3146-19 § 1)
It is unlawful for any person to injure, torture, tease, beat,
kick, strike, mutilate, disable, kill, or otherwise interfere with
any police dog.
(Ord. 3146-19 § 1)
