City of Atascadero, CA Dogs

It is unlawful for any person to permit any dog owned, harbored, or controlled by him or her to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the incorporated areas of the City unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle, or unless the dog is at "heel" beside a competent person and obedient to that person's command.

Dogs used on farms and ranches for the primary purpose of herding livestock are not required to be leashed or at "heel" beside their owner or person controlling the use of these dogs while on a public street, alley, lane, or place of whatever nature open to and used by the public while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose. Dogs used for the primary purpose of hunting are not required to be leashed or an "heel" while used in hunting as long as these dogs are obedient to the commands of the person controlling their use for this purpose.

(Ord. 33 § 4-1.202, 1980)

§ 4-1.203 Duty of Poundmaster to seize and impound stray dogs.

It shall be the duty of the Poundmaster to seize and impound, in a lawful manner, and subject to the provisions of this chapter, all stray or unlicensed dogs found within the City.

(Ord. 33 § 4-1.203, 1980)

§ 4-1.204 Dogs running at large.

Any dog found trespassing on private property in the City may be taken up by the owner or possessor of the property and delivered to the Poundmaster or detained on the property until picked up by the Poundmaster.

(Ord. 33 § 4-1.204, 1980)

§ 4-1.205 Delivery to Poundmaster by private persons.

Every person taking up any dog under the provisions of this chapter, and every person finding any lost, strayed or stolen dog, shall within 24 hours thereafter give notice thereof to the Poundmaster, and every such person in whose custody such dog may in the meantime be placed shall surrender such animal to the Poundmaster without fee or charge and the Poundmaster shall thereupon hold and dispose of such dog in the same manner as though such dog has been found running at large and impounded by him or her.

(Ord. 33 § 4-1.205, 1980)

§ 4-1.206 Notice of impounding dog.

As soon as possible, but not later than 24 hours after impounding any dog properly registered under the provisions of this chapter. the Poundmaster shall notify the registered owner or person having control of the dog by telephone, mail or personally that such dog is impounded and that it can be redeemed within three days from the date of such impounding and unless redeemed the dog will be disposed of in any manner as provided by this chapter.

(Ord. 33 § 4-1.206, 1980)

§ 4-1.207 Redemption of impounded dogs.

The Poundmaster shall securely keep any dog impounded for a period of three days unless the dog is sooner reclaimed or redeemed by the owner or person having control thereof. Except as may be provided in Section 4-1.208, the owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the pound, reclaim or redeem the dog by exhibiting to the Poundmaster the license certificate or license tag showing that the license for the dog for the then current year has been paid and by paying the Poundmaster any charges provided for.

No fees whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been unlawfully taken up or 0impounded, that owner or person may, within the 72 hour redemption period, request that an impartial hearing be conducted to determine the sole issue of whether the dog was lawfully seized and impounded. If a dog has been unlawfully taken up or impounded, it shall be returned to its owner or the person entitled to the custody thereof.

(Ord. 33 § 4-1.207, 1980)

§ 4-1.208 Redemption fees.

The owner or person entitled to the custody of a dog impounded shall pay the following fees to the Poundmaster before such dog is released:

Registration or license fee for the then current year unless such fee has been previously paid and evidence of paid fee adequately exhibited;

Impound fee of Fifteen and no/100ths ($15.00) Dollars for the first occasion of any dog impounded within a calendar year;

Impound fee of Fifty and no/100ths ($50.00) Dollars for the second occasion of any dog impounded within a calendar year;

Impound fee of One Hundred and no/100ths ($100.00) Dollars for the third and each such subsequent occasion of any dog impounded within a calendar year.

(Ord. 33 § 4-1.208, 1980; Ord. 42 § 7, 1981)

§ 4-1.209 Sale, gift, or destruction of dogs.

At any time after the expiration of the period of three days, the Poundmaster may, without further notice, and without advertising in any manner, sell, give away or dispose of in a humane way, any dog not reclaimed or redeemed as aforesaid: provided, however, the Poundmaster may not sell, give away or transfer title to any dog or any other animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical, or biologic sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biological products, pharmaceuticals, or drugs.

(Ord. 33 § 4-1.209, 1980)

§ 4-1.210 Injured and diseased dogs.

Every dog taken into custody by the Poundmaster, which by reason of injury, disease or other good cause is determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the Poundmaster in a humane manner unless the owner or person entitled to the custody of the dog can be notified by the Poundmaster within a reasonable period of time to arrange and provide for medical care. The Poundmaster shall release such dog to its owner or person having control thereof upon payment of the redemption fees and other charges as provided in this chapter. However, if the licensed veterinarian determines that the dog is diseased and by reason of such disease is dangerous to persons or to other animals, or to the general health and welfare of the City, the Poundmaster shall destroy the dog.

(Ord. 33 § 4-1.210, 1980)

§ 4-1.211 Care of dog while impounded.

The Poundmaster shall provide all dogs in his or her custody with proper food and water, and shall give them all necessary care and attention. The Poundmaster may charge a fee for recovery of actual costs for food and care at the time an impounded dog is redeemed by its owner or person having custody or may charge these fees at such time an unclaimed dog is sold.

(Ord. 33 § 4-1.211, 1980)

§ 4-1.212 Vicious and dangerous dogs.

If any dog within the City is known to have bitten any person or persons on at least two separate occasions, the Chief Animal Control Officer shall notify the owner or person having control of such dog to so keep or surrender the dog in such manner as the Chief Animal Control Officer shall direct. If it is determined by the Chief Animal Control Officer that the dog cannot be properly controlled in order to ensure public safety, then the Chief Animal Control Officer shall destroy the dog in a humane manner.

If any dog within the City is determined by the Chief Animal Control Officer to be vicious and dangerous to the safety of any person or persons, the Chief Animal Control Officer shall notify the owner or person having control of such dog to keep or surrender the dog in such manner as the Chief Animal Control Officer shall direct. If it is determined by the Chief Animal Control Officer that the dog cannot be properly controlled in order to ensure public safety, the Chief Animal Control Officer shall destroy the dog in a humane manner.

It shall be the duty of the owner or person having control of a vicious and dangerous dog, or a dog which has bitten a human being, to surrender the dog as may be ordered by the Chief Animal Control Officer.

(Ord. 33 § 4-1.212, 1980)

§ 4-1.213 Biting dogs.

It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him or her to inflict upon any human being a bite that penetrates the skin, while the person bitten is on any public place, or legally upon any private property. The person bitten may request the Animal Control Officer to initiate criminal proceedings against such other person by submitting a signed, written complaint.

(Ord. 33 § 4-1.213, 1980)

§ 4-1.214 Impounding of biting dogs.

Upon written notice by the Health Officer, the owner or person having the control of any dog which has, within the preceding 10 days, bitten any person or animal shall, upon demand, and in the discretion of the Health Officer, follow one of the following procedures:

(1)

Confine the dog to his or her own premises; or

(2)

Surrender the dog to the Poundmaster who shall impound and keep the dog at the public pound in a separate kennel for a period of not less than 10 days; or

(3)

Surrender the dog to a licensed veterinarian as designated by the Health Officer; or

(4)

Surrender the dog to the Poundmaster for quarantine at any other location or facility designated and approved by the Health Officer.

If the dog is quarantined on the premises of the owner, the Poundmaster may post a quarantine sign on such premises, and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the Health Officer. Any quarantine provided in this section shall be for a term of not less than 10 days unless otherwise specified by the Health Officer. During the period, it shall be the duty of the Health Officer, upon being notified by the Poundmaster that the dog has been impounded, to determine whether or not such dog is suffering from any disease. If a duly licensed veterinarian designated by the Health Officer shall determine the dog is diseased and, by reason of such disease, is dangerous to persons or to other animals, he or she shall so notify the Poundmaster in writing, to destroy the dog. A copy of the notice may also be served upon the owner or person having control of the dog. If the veterinarian shall determine that the dog is not so diseased, the Poundmaster shall notify the person owning or having control of the dog at the address from which the dog was surrendered to the Poundmaster and shall, upon demand, release the dog to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such dog shall within three days after the date of giving the last mentioned notice, appear at the public pound and request the release of the dog and pay the charges, the dog may be sold or destroyed by the Poundmaster in the same manner thereinbefore provided.

When a dog is ordered to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged.

(Ord. 33 § 4-1.214, 1980)

§ 4-1.215 Violation of quarantine.

It is unlawful for any person to suffer or permit any dog or cat owned, harbored, or controlled by him or her to violate any written quarantine notice.

(Ord. 33 § 4-1.215, 1980)

§ 4-1.216 Symptoms of rabies.

Whenever the owner or person having the custody or possession of an animal observes or learns that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner or person having the custody or possession of such animal shall immediately notify the Health Officer. The Health Officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by the veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital, or other adequate facility in a manner approved by the Health Officer and shall not be killed or released for at least 10 days after the onset of symptoms suggestive of rabies, after which time the animal may be released by the Health Officer, provided the Health Officer has first determined that the animal does not have rabies. If the Health Officer determines that the animal does have rabies, the Poundmaster shall destroy the animal at the direction of the Health Officer.

The Health Officer, or duly authorized representative, is authorized and empowered to enter, in a manner authorized by law, upon private property where any dog or other animal is kept, or believed by him or her to be kept, for the purpose of ascertaining whether the dog or other animal is afflicted or infected with rabies or other contagious disease.

(Ord. 33 § 4-1.216, 1980)

§ 4-1.217 Registration and licenses.

Except as provided in Section 4-1.226, it is unlawful to own, keep or control any dog unless and except a license has been procured therefor as herein provided. This section shall have no application to dogs under the age of four months fastened securely by a rope, chain, or leash, or confined within the private property of the owner or person having control of the dog.

(Ord. 33 § 4-1.217, 1980)

§ 4-1.218 Vaccination required.

It is unlawful for any person owning, harboring, or having the care, custody, or possession of any dog to keep or maintain such dog in any place in the City, or except as provided in Section 4-1.219, unless such dog has been vaccinated as provided herein. This section shall have no application to dogs under the age of four months, who are fastened securely by a rope, chain or leash, or confined within the private property of the owner or person having control of the dog.

(Ord. 33 § 4-1.218, 1980)

§ 4-1.219 No licensing without vaccination.

The Department of Animal Regulation shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the Health Officer during the time prescribed by State law or the rules and regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian issued within the preceding 60 days, stating that, in his or her opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the same, except when held upon a rope, chain, or leash.

(Ord. 33 § 4-1.219, 1980)

§ 4-1.220 Vaccination performance.

The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a rabies vaccination tag and a certificate of vaccination, which certificate shall include:

The type of vaccine used:

The date of vaccination;

Description of dog, including age, breed and color;

Serial number of rabies vaccination tag issued to dog;

(e)

Name and address of owner of dog;

(f)

Statement that the dog is male, neutered male, female, or spayed female. A copy of this certificate shall be sent to County Department of Animal Regulation.

(Ord. 33 § 4-1.220, 1980; Ord. 42 § 8, 1981)[1]

[1]

Editor's Note; Ord. 42 had two sections numbered "8".

§ 4-1.221 Registration record.

The County Department of Animal Regulation shall maintain a record in which it shall, upon the application of any person owning or having the custody of any dog in the City, and the payment to it of the license fee prescribed by this chapter, register the dog by entering in the record its name (if any), its sex and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued therefor, the date of expiration of the rabies vaccine, the date of issuance and the amount received for the license fee.

(Ord. 33 § 4-1.221, 1980)

§ 4-1.222 Dog tags.

Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag with the number and year stamped or cut thereon, and the words "DOG TAG — County of San Luis Obispo" stamped thereon, which dog tag shall be securely fastened to a collar or harness which must be worn at all times by the dog for which the tag was issued. If the dog is exempted from vaccination, the dog tag shall have a distinguishing mark as evidence of such fact. This tag, while attached to a dog's collar or harness, shall be prima facie evidence that the dog for which the tag was issued has been licensed during the calendar year for which the tag was issued, and has been vaccinated.

(Ord. 33 § 4-1.222, 1980)

§ 4-1.223 Annual registration of dogs.

On January 1st of each year, all prior licensing made under the provisions of this chapter shall be cancelled and all tags theretofore issued shall become null and void and of no effect and all dogs kept or permitted to remain in the City must be again licensed. The new license fee shall become due and payable on January 1st of each year.

(Ord. 33 § 4-1.223, 1980)

§ 4-1.224 License fees.

All license fees shall be set by resolution of the City Council; provided, however, that the fees previously set forth by adoption of the Atascadero Municipal Code shall be applicable until superseded by such resolution.

For licensing each altered dog, male or female, the Poundmaster shall collect and receive a fee, and for licensing each unaltered dog, male or female, he or she shall collect and receive a fee, unless the owner or custodian of the dog chooses to place a deposit for the spaying or neutering of said dog, with the Poundmaster. This deposit shall be forfeited to the Poundmaster if said operation is not performed by the expiration date of the license issued.

The license fee shall be paid by March 8th of each year. After this date a late penalty shall apply and the late license fee shall be twice the prepenalty fee.

Puppies must be licensed upon reaching the age of four months. A spay-neuter deposit may be placed with the Poundmaster, at which time the lesser fee shall be charged.

Any dog brought within the City after March 15th of each year shall be registered within 30 days or these penalties shall attach from date of entry into the City; provided, that any dog which has a valid license from any other county or city within the State shall be so registered upon a fee of 1/2 the established fee.

(e)

Proration of License Fee. Any person acquiring ownership, care or custody of a dog, or having a dog reaching the age of four months between June 1st and December 31st, shall pay a license fee of 1/2 the established fee.

(Ord. 33 § 4-1.224, 1980)

§ 4-1.225 Lost tag.

If the tag issued for any duly registered dog is lost or accidentally destroyed during the year it is issued, the owner or custodian of such dog, upon making proof to the satisfaction of the Chief Animal Control Officer of its loss or destruction, shall, upon payment of a fee of Two and no/100ths ($2.00) Dollars, receive for such dog another tag, whereupon the Chief Animal Control Officer shall enter the number of the tag so issued on the register and cancel the tag previously issued for such dog.

(Ord. 33 § 4-1.225, 1980)

§ 4-1.226 License exceptions.

The provisions of this chapter requiring the licensing of dogs shall not apply to:

Dogs under the age of four months if fastened securely by a rope, chain, or leash, or confined within the private property of the owner or person having control of the dog;

Dogs owned by or in custody or under the control of persons who are nonresidents of the City traveling through the City or temporarily sojourning therein for a period not exceeding 30 days;

Dogs brought into the City exclusively for the purpose of entering the dogs in any dog show or exhibition, and which are actually entered in and kept at such show or exhibition;

Dogs on sale in duly licensed pet shops, or dog kennels;

(e)

Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of Section 4-1.114, or duly authorized employee or agent, when such dogs are removed from such kennel in the bona fide operation thereof for the purpose of exercise or training; provided, that any such dog bear an identification tag attached to its collar, which tag shall set forth the name of the licensed kennel. A dog bearing such identification tag shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment.

(Ord. 33 § 4-1.226, 1980)

§ 4-1.227 License fee exemptions.

All Seeing Eye dogs and all dogs which have served with the armed forces of the United States of America during any period of actual hostilities must be licensed and vaccinated under the provisions of this chapter, but their owner shall be exempt from the license fee as imposed in this chapter, providing adequate evidence can be furnished at such time the license is issued.

Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this chapter, but their owners shall be exempt from the license fee as imposed in this chapter, providing adequate evidence can be furnished at such time the license is issued.