"Stray dog"
is any dog licensed or unlicensed, which is in or on any
public road, highway, street, alley, square, park, school ground or
other public place, or in or upon any lot, premises or property of
another when not accompanied in the near vicinity by the person owning,
having interest in, harboring, or having charge, care, control, custody
or possession of such dog. Any stray dog shall be immediately seized
and impounded by the Poundmaster.
(Ord. 33 § 4-1.201, 1980)
(a) 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.
(b) 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)
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)
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)
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)
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)
(a) 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.
(b) 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)
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:
(a) Registration
or license fee for the then current year unless such fee has been
previously paid and evidence of paid fee adequately exhibited;
(b) Impound
fee of Fifteen and no/100ths ($15.00) Dollars for the first occasion
of any dog impounded within a calendar year;
(c) Impound
fee of Fifty and no/100ths ($50.00) Dollars for the second occasion
of any dog impounded within a calendar year;
(d) 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)
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)
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)
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)
(a) 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.
(b) 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.
(c) 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)
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)
(a) 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.
(b) 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.
(c) 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)
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)
(a) 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.
(b) 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)
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)
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)
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)
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:
(a) The
type of vaccine used:
(c) Description
of dog, including age, breed and color;
(d) 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)
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)
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)
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)
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.
(a) 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.
(b) 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.
(c) 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.
(d) 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)
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)
The provisions of this chapter requiring the licensing of dogs
shall not apply to:
(a) 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;
(b) 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;
(c) 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;
(d) 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)
(a) 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.
(b) 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.
(c) All
dogs being raised and trained specifically to perform as a Seeing
Eye dog must be licensed and vaccinated under the provisions of this
chapter, but their owners shall be exempt from the license fee as
therein imposed, providing adequate evidence can be furnished at such
time the license is issued.
(Ord. 33 § 4-1.227, 1980)
It is unlawful for any person owning or having the care, custody
or control of any dog in the City, to refuse, fail or neglect to pay
the license fee at the time and in the manner provided in this chapter,
or to refuse, fail or neglect to furnish to the Chief Animal Control
Officer, the Health Officer, or any of their duly qualified and authorized
deputies or employees, the information necessary to properly license
the dog.
(Ord. 33 § 4-1.228, 1980)
No person shall imitate or counterfeit such registration tags
or rabies vaccination tags. It is unlawful for any person to remove
any tag from any dog not owned by him or her or not lawfully in his
or her possession or under his or her control or to place on any dog
any such license tag not issued as provided for above for that particular
dog for the then current year or to make or to have in his or her
possession or to place on a dog any counterfeit or imitation of any
license tag or vaccination tag.
(Ord. 33 § 4-1.229, 1980)