Note: Prior ordinance history: Ords. 98-923 and 2002-982.
The animal control ordinance of the County of San Diego, the same being Title 6, Division 2, Chapters 6 and 7 of the San Diego County Code of Regulatory Ordinances, adopted and amended through Ordinance No. 8422, effective August 11, 1994, is hereby adopted by reference as the animal control ordinance of the City of Imperial Beach (hereinafter referred to as "animal control ordinance"). The City Clerk shall maintain a copy of the above chapters for public inspection.
In the event of any conflict between the provisions of Title
6 of the County of San Diego County Code and any amendment to the
animal control ordinance contained in the City of Imperial Beach Municipal
Code, the provisions contained in the Imperial Beach Municipal Code
shall control.
(Ord. 2006-1046 § 1)
The following definitions shall govern construction of this
chapter:
means and includes, but is not limited to, birds, fishes,
reptiles and nonhuman mammals.
means a vaccine which is approved for use in the animal concerned
by the California Department of Health.
means to be untethered, unleashed or not confined to the
limits of the owner's or handler's property by a fence
or enclosure capable of containment or not under the physical control
of an owner or handler when the animal is upon any property other
than that of the owner or person responsible for the animal.
means a Felis domesticus of either sex, altered or unaltered.
means the City of Imperial Beach.
means to hold within a location.
means the County of San Diego.
means a Canis familiaris of either sex, altered or unaltered;
or any other member of the Canis genus if owned, kept, or harbored.
means a properly completed certification issued by County
or other authorized agency, including the dog owner's name,
address, and telephone number; the dog's name and description,
including breed, color, sex, month, day (if known), and year of birth;
rabies vaccination date; license tag number and expiration date.
means the Director of Public Health and any regularly appointed
sanitarian or employee of the Department of Public Health, or any
regularly appointed sanitarian or employee of the Department of Public
Health of the County of San Diego, or any other person contractually
designated by the City to perform such duties, and the animal control
officers of the City.
means a female chicken.
means any rope, leather strap, chain or other material not
exceeding six feet in length, being held in the hand of a person capable
of controlling and actually controlling the animal to which it is
attached.
means a dog wearing its current dog license tag as required
by this title.
means a piece of metal or other durable material inscribed
with a date and number which has been issued by the County or other
authorized agency.
means any person who has the legal responsibility and rights
of an owner/guardian after keeping or harboring an animal for at least
15 days, except a veterinarian or an operator of a kennel engaged
in the regular practice of this business. The use of the term "owner/guardian"
for all legal intent and purposes has the same meaning and effect
as the term "owner" with respect to all federal, state
and local regulations, current and/or as modified.
means the Imperial Beach Public Safety Director, his or her
agents or deputies.
means a male chicken regardless of age.
means a dog inoculated with an approved, currently valid
antirabies vaccine, and wearing a current dog license tag indicating
proof of such vaccination.
(Ord. 2006-1046 § 1; Ord. 2008-1074 § 2)
A.
No owner/guardian shall own, keep, harbor or maintain livestock, poultry or fowl within the City in violation of the provisions of this code, except as provided in Section 6.04.035;
B.
Prohibited
animals shall include any rooster regardless of size or whether it
has been surgically decrowed.
(Ord. 2006-1046 § 1; Ord. 2008-1074 § 3)
A.
It is unlawful to keep, possess or maintain hen chickens prohibited by Section 6.04.030, except with the following restrictions:
1.
A maximum of three hen chickens may be kept on any residential property zoned R-1-6000 Single-Family Residential as defined in Chapter 19.12 of this code, provided it has a minimum of 5,000 square feet in size and contains not more than one single-family dwelling unit.
2.
All
hen chickens shall be confined and properly caged in a pen, coop or
cage and must be kept in their enclosures at all times.
3.
All
pens, coops, cages or enclosures constructed for housing and confining
hen chickens shall not exceed 120 square feet in size, the exterior
perimeter of the enclosure shall consist of a fence or suitable fencing
material on all sides, including a top or ceiling to keep the hen
chickens contained and confined within a location.
4.
All
hen chickens shall be kept within an enclosure that is at least 15
feet distant from any property line. Enclosures shall be situated
in the rear yard, and shall not encroach into any side yard or rear
yard setback required in this code. Enclosures shall not obstruct
or partially obstruct any required egress exits from any dwelling
structures.
5.
All
pens, coops, cages and other enclosures for hen chickens shall at
all times be maintained in a clean, sanitary condition, free from
offensive odors. An odor is offensive if it can be detected at the
adjoining property line.
6.
No
hen chickens shall be allowed to run at large.
7.
No
hen chickens shall be allowed to create a noise disturbance across
a residential or commercial real property line.
8.
All
dead hen chickens and all manure, feces, feathers, skins and related
detritus shall be removed and disposed of in a sanitary manner within
24 hours of death or occurrence. Pending disposal, the materials shall
be stored in fly-tight, air-tight containers.
B.
The authority granted by subsection A of this section to keep or maintain hen chickens shall not apply on any property, including a mobile home park, condominium association or apartment where other restrictions or prohibitions on the keeping of animals or birds exist, either by regulation, lease, zoning or restrictive covenants.
(Ord. 2008-1074 § 4)
Any person, except a veterinarian or an operator of a kennel
engaged in the regular practice of this business, who keeps an animal
for more than 15 days shall be deemed the owner/guardian and shall
comply with all aspects of this code and other applicable laws. Owners/guardians
of animals must comply with the following conditions of animal ownership:
A.
Animals
shall be restrained or confined as required by law.
B.
Animals
shall be humanely treated at all times.
C.
Vaccinations,
licenses, and permits shall be obtained as required by law.
D.
Animal
premises shall be kept sanitary and shall not constitute a fly breeding
reservoir, a source of offensive odors or of human or animal disease.
E.
Animal
and animal premises shall not be permitted to disturb the peace or
constitute a public nuisance or hazard.
(Ord. 2006-1046 § 1)
No owner/guardian shall own or harbor an animal in such a manner that the peace and quiet of the public is disturbed. The written affirmation by two persons having separate residences, indicating that the howling, barking or other noise issued by a dog or other animal, or that violation of a dangerous dog or curbing required, and Sections 6.04.040(D) and (E) of this chapter disturbs the peace of such persons shall be prima facie evidence of a disturbance of the peace and quiet of the public. The destruction by a dog of property other than that which belongs to the owner/guardian of said dog shall be prima facie evidence of a disturbance of the peace and quiet of the public. For the purposes of this section, Section 415 of the Penal Code is incorporated by this reference.
(Ord. 2006-1046 § 1)
No owner/guardian or keeper of a dog shall allow or permit such
dog, whether licensed or unlicensed, to be or run at large in or upon
any public place or premises, or in or upon any private place or premises
other than those of said owner/guardian except with the consent of
the person in charge of said private place or premises, unless such
dog is securely restrained by a substantial leash not to exceed six
feet in length and is in charge and control. For the purposes of this
section, any dog in or upon any motor vehicle shall be deemed to be
on the premises of the operator thereof.
(Ord. 2006-1046 § 1)
Except as provided below, it is unlawful for any person, firm or corporation to bring, leave, turn loose, ride, accompany or allow any animal, including, but not limited to, mammals, reptiles, and birds, in public parks, the pier plaza or upon the pier area of the City as defined in Section 12.56.010 of this code.
A.
Service
animals, usually dogs, that have been specially trained to help people
with a disability, are allowed in or upon the pier or pier plaza areas
and within public parks if the service animals are being used for
such purposes.
B.
Official
law enforcement dogs or other animals that are under the control of
law enforcement officers on official duty are allowed in or upon the
pier or pier plaza areas and within public parks.
C.
A dog
or a cat may be brought within a public park so long as it is at all
times restrained by a leash not to exceed six feet in length and is
in the custody and control of a competent person. No person having
control of such dog or cat shall allow such dog or cat to defecate
within any public park. It shall be the duty of all persons having
control of a dog or cat, to curb such dog or cat and to immediately
remove any feces to a proper receptacle. The failure to do so or to
immediately remove any feces to a proper receptacle constitutes a
violation of this section. This section does not allow a dog or cat
to be brought onto the pier.
(Ord. 2022-1214 § 3)
No person or owner/guardian shall treat an animal in a cruel
or inhumane manner or willingly or negligently cause or permit any
animal to suffer unnecessary torture or pain. No owner/guardian shall
abandon any domestic animal without care on any public or private
property.
(Ord. 2006-1046 § 1)
A.
Any
owner/guardian having custody of a dog while on public property, including
any easements, beaches, and public parks, and private property not
owned by such owner/guardian shall at all times carry an instrument
suitable for removing and disposing of any feces which may be deposited
by said dog and shall immediately remove any feces to a proper receptacle.
B.
The
provisions of this section shall not apply to dogs being used by the
blind as guide dogs, or service dogs that are assisting disabled persons
who are unable to remove such feces.
(Ord. 2006-1046 § 1)
No owner/guardian owning or residing in any residential dwelling
unit within the City shall keep or maintain more than five dogs over
the age of four months within such unit or upon the premises where
such unit is located.
(Ord. 2006-1046 § 1)
No owner/guardian shall leave an animal in any unattended vehicle
without adequate ventilation or in such a manner as to subject the
animal to extreme temperatures, which adversely affect the animal's
health or welfare.
(Ord. 2006-1046 § 1)
A.
Except
as provided in this section, every owner/guardian of a dog over the
age of four months in the City of Imperial Beach shall pay a license
fee for each such dog so owned, cared for, or controlled by such person.
B.
No license
shall be issued until the owner/guardian has presented a certificate
from a licensed veterinarian or other satisfactory proof that said
dog has been inoculated against rabies as hereinafter provided in
this code. The information shall, in addition to any other information
required by the City, include the animal's name, the animal's
owner/guardian's name, the animal's owner/guardian's
address and the date and period for which the animal is vaccinated.
C.
Every
licensed dog shall at all times wear a suitable collar.
D.
If a
collar or license tag is not clearly visible, persons authorized to
enforce the provisions of this chapter, may, in any place that is
open to the public, check the dog's license tag to verify that
it is attached to the collar.
E.
Licenses
shall be valid for a term not to exceed the maximum immunity duration
periods specified for the various types of canine rabies vaccines
approved by the California Department of Health Services and must
be renewed prior to the expiration of the term by the payment of the
current effective fee for each renewal.
(Ord. 2006-1046 § 1)
A.
An owner/guardian
who transfers his or her dog that is required to be licensed under
this chapter must provide the new owner/guardian with a current valid
dog license.
B.
An owner/guardian
shall notify the City of the name and address of the person to whom
a dog is transferred and within 30 days of said transfer, if the animal
is required to have a license under this chapter and is to remain
within the City for more than 60 days.
C.
An owner/guardian
who transfers his or her dog must provide the new owner/guardian with
information relating to: (1) the vaccination status of the animal;
and (2) City laws pertaining to animal control.
D.
An owner/guardian
who displays a dog with the intent of transferring the dog to a new
owner/guardian, must display the animal's license, if the animal
is required to be licensed under this chapter.
E.
No person
or organization shall display on public property any dog for the purpose
of transferring ownership/guardianship, except for an animal shelter,
animal rescue group, or humane society may do so upon written authorization
by the City.
(Ord. 2006-1046 § 1)
It is unlawful to fail to comply with any requirements or restrictions imposed under this chapter. A violation of this chapter constitutes a misdemeanor and is punishable as provided in Chapter 1.12 of this code.
(Ord. 2006-1046 § 1; Ord. 2008-1074 § 5)
