For purposes of this Title, unless the context clearly indicates
otherwise, the following words and phrases have the meanings set forth
below:
means all nonhuman members of the animal kingdom, including
domestic, exotic, and livestock species.
means an officer or employee of the City or of the County
of Santa Barbara authorized to carry out and enforce the powers, duties,
and provisions of this Title relating to the care, control, and treatment
of animals within the City.
means the program provided by the County of Santa Barbara
Animal Services through a contract with the City.
means an officer or employee of the City of Lompoc or of
the County of Santa Barbara responsible for the administration and
operations of the Animal Control Services program.
means an officer or employee of the City or of the County
of Santa Barbara responsible for the direct supervision of animal
control officers and/or animal shelter operations.
means an animal that is off the premises of its owner or
custodian and not restrained by a leash.
means any person, business, or organization that is recognized
as an animal breeder under the laws of the State of California.
means any premises where five or more cats, four months of
age or older, are kept and cared for, not including a duly licensed
veterinary facility, animal shelter, or welfare organization, rescue
facility, or shelter.
means the County of Santa Barbara and, if the context so
indicates, then County employees designated to carry out the provisions
of this title.
means the person responsible for caring for and looking after
a dog on behalf of the owner of the dog subject to the provisions
of this title.
means any animal customarily kept by humans for pleasure
or companionship, including, but not limited to, dogs, cats, birds,
rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas,
and the like, but not including Feral Cats, Exotic animals, or Livestock.
shall mean a county assessor's parcel unit; provided
that each separately addressed living area within a common interest
development or apartment shall be deemed to be one assessor's
parcel unit.
shall mean the utterance of barks, cries or sounds which
are loud, frequent and continued over a period of time so as to deprive
persons residing in three or more dwelling units in the neighborhood
of the reasonable comfortable enjoyment of their homes or property.
means any species of animal not normally considered domestic
or livestock, those animals defined by California Fish and Game Code
sections 2116 and 2118.
means an unsocialized cat without owner identification of
any kind, usually exhibiting temperament and behavior connoting extreme
fear and resistance to contact with people.
means any commercial establishment where animals are bathed,
clipped, brushed, plucked, or otherwise groomed, not including a licensed
veterinary facility, animal shelter, and welfare organization, animal
rescue facility or shelter.
means the Public Health Officer of Santa Barbara County or
designee serving the City through a contract between the City and
County.
means the person designated by the City Manager to conduct
the administrative hearings described in Article 5.
means under the control and in the possession of Animal Control
Services.
means any lot, building, structure, enclosure, or premises
whereon or wherein five or more dogs, four months of age or older,
are kept and maintained for any purpose whatsoever, not including
a licensed veterinary facility, animal shelter, and welfare organization
rescue facility or shelter.
means a specially trained canine animal accompanying or assisting
a public safety or peace officer engaged in law enforcement duties
or in the training of said animal.
means a permit obtained from a government or quasi-government
agency which allows a person, business, or organization to perform
described acts or maintain described premises.
means any animals kept by humans that do not customarily
inhabit their owner's dwelling, including, but not limited to,
equine, bovine, ovine, caprine, and porcine species, and any species
of chicken, duck, pigeon, goose, turkey, or other domesticated fowl,
but excludes bees.
means any person who keeps, has charge or custody of, or
gives care to an animal for at least 30 consecutive days. Owner does
not include veterinarians who are treating or caring for an animal
in the regular practice of veterinary medicine, nor owners or operators
of an animal grooming business, kennel, or pet shop while engaged
in the regular practice of such business.
shall be defined as set forth in the State Health and Safety
Code section 122350(i).
means animals that are impounded under exigent circumstances
when no animal control violation has occurred. Some examples include
owner arrested, owner hospitalized, owner died, automobile accident,
owner is at a shelter, vehicle impounded, law enforcement activity,
or disaster such as house fire or flood.
means the confinement of any animal in such a manner so the
animal may not expose to contagious disease or injure any person or
other animal.
means an animal whose owner has given up ownership to an
Animal Control Services shelter.
means secured by an adequate leash or lead six feet in length
or less and under the immediate control of a responsible person, or
physically confined on or within the premises of the owner or custodian
of the animal.
means:
Any dog, which when unprovoked, engages in any behavior that
requires a defensive action by a person to prevent bodily injury to
any person, domestic animal or livestock, off the property of the
owner or custodian of the dog; or
Any dog which, when unprovoked, bites a person or otherwise
engages in aggressive behavior, causing an injury, which is less than
a severe injury, as defined in this section; or
Any dog which, when unprovoked, has killed, seriously bitten,
inflicted injury, or otherwise caused injury to a domestic animal
or livestock off the property of the owner or custodian of the dog;
and
Any dog for which an administrative hearing has been held and
the dog has been determined to need to be closely controlled by the
owner or custodian and restrictions have been designated by a hearing
officer with jurisdiction in the City of Lompoc.
means an animal individually trained to provide assistance
to an individual with a disability as further defined by the Americans
with Disabilities Act.
means any physical harm to a human being or animal that results
in a serious illness or injury, including, but not limited to, a fracture,
severe bruising, muscle tear, puncture wound or disfiguring laceration
requiring one or more sutures or corrective or cosmetic surgery.
means the neutering of a male dog or cat and the spaying
of a female dog or cat.
means a domestic animal not kept under restraint.
means that action exhibited by an animal that, in a vicious
or terrifying manner, approaches any person in apparent attitude of
attack upon the streets, sidewalks, or any public grounds or places.
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.
means any premises where veterinary medicine, veterinary
dentistry, veterinary surgery, and the various branches thereof are
practiced.
means:
Any dog that engages in or has been found to have been trained
to engage in exhibitions of illegal fighting; or
Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury, as defined in this section, or kills a person; or
Any dog previously determined to be and currently designated as a Restricted Dog in the City, which, after its owner or custodian has been notified of this determination, continues the behavior that resulted in designating it a Restricted Dog, engages in other behavior similar to a Restricted Dog, or is maintained in violation of Section 6.08.210, an administrative decision, a court order or restrictions placed on it; or
Any dog designated to be dangerous or vicious in another jurisdiction
which exhibits any of the behavior defined in subsection (1) or (2).
means any nonprofit public benefit corporation that is organized
for the purpose of improving the lives or welfare of animals.
means a dog bred and kept to perform specific tasks, including
herding or hunting.
(Prior code § 0600; Ord. 1622(16) § 1)
The amount of any charge, fee and penalty relating to Animal
Control Services shall be set by the City Council by resolution.
(Ord. 1622(16) § 2)
A.
It shall
be unlawful for any person to interfere with, molest, hinder, resist
or obstruct an Animal Control Officer during the performance of his
or her duties.
B.
While
performing his or her duty, an Animal Control Officer shall carry
identification which indicates his or her status as an Animal Control
Officer.
C.
Animal
Control Officers shall be authorized to enforce the provisions of
this title and applicable state or local animal control laws.
D.
An Animal
Control Officer may arrest without a warrant any person whom he or
she has probable cause to believe has committed in his or her presence
a misdemeanor or infraction which is in violation of the provisions
of this title or of applicable state or local animal control laws.
E.
An Animal
Control Officer may serve warrants as specified in California Penal
Code sections 1523 and 1530 during the course and within the scope
of their employment.
F.
Animal
Control Officers will successfully complete training described in
Penal Code section 832 within the first year of employment.
(Ord. 1622(16) § 2)
Animal Control Officers may go in or upon private property to
determine whether an animal is at risk of rabies and/or to contain,
capture, and/or remove a rabies risk animal, loose or vicious dog;
provided, that except in cases of emergency, they shall not enter
occupied living quarters without either first obtaining: (1) the consent
of an adult occupant; or (2) authorization from a court of law having
jurisdiction to grant the same.
(Ord. 1622(16) § 2)
The Animal Control Services Director shall adopt standards for
the proper care and comfort of animals kept in kennels or catteries
and may adopt rules and regulations necessary to carry out the proper
and orderly administration of Animal Control and regulation laws.
(Ord. 1622(16) § 2)
A.
It shall
be unlawful for any person owning or having possession, charge, custody,
or control of any dog or other animal, to cause, permit, or allow:
(1) the dog or other animal (except a domestic cat) to run, stray,
be uncontrolled, or in any manner be in, upon, or at large upon a
public street, sidewalk, park (not including a City-sanctioned dog
park), or other public property; or (2) the dog or other animal in
or upon the premises or private property of another person; provided,
however that dogs are permitted upon the streets and other places
of the City if on a leash not exceeding six feet in length and under
the immediate care and control of the owner or other person having
the care, custody, and control of the dog. Any animal not kept under
restraint or so confined or enclosed as provided in this Chapter is
hereby declared to be a nuisance to public health and safety.
B.
It shall
be unlawful for any person owning or having custody and control of
any animal to stake out or tether such animal in such a manner that
would permit or allow such animal to go in or upon any public or private
property or area without the express permission of the owner or person
in possession and control of such property or area.
C.
Any
animal (except a domestic cat) not kept under restraint or so confined
or enclosed is hereby declared to be a menace and a nuisance to public
health and safety; provided, that if a domestic cat being at large
on public or private property is materially disruptive to any human
or other animals, as reasonably determined by an Animal Control Officer,
then that cat is also declared to be a menace and a nuisance to public
health and safety.
D.
Animal Control Officers may seize and impound any animal (except a domestic cat) not kept under restraint or so confined or enclosed; provided, that if a domestic cat being at large on public or private property is determined to be a nuisance, pursuant to subsection C, then it too may be seized and impounded.
(Prior code § 0601; Ord. 1622(16) § 3)
A.
A person
who owns, keeps, or is in charge or control of a dog or other animal,
and who permits, allows, or causes the dog or other animal to run,
stray, be uncontrolled, or in any manner be in, upon, or at large
upon a public street, sidewalk, park, or other public property or
in or upon the premises or private property of another person is guilty
of a misdemeanor if said dog or other animal bites, attacks, or causes
injury to any human being or other animal.
B.
Any
person convicted of a misdemeanor under this provision shall not own,
possess, control, or be in charge of any animal of the species of
the animal which bit, attacked, or injured a person or animal, for
a period of three years from the date of conviction and the Animal
Control Officer shall not issue or renew any license or permit to
the person so convicted for said species of animal.
C.
When
any stray dog, whether leashed or unleashed, while on public property
within the City or upon the private property of any person, including
its owner or keeper, bites, attacks, or injures in any manner a human
being or another animal, such dog's owner, keeper, or custodian
is required forthwith to provide to the victim, or to an agent designated
by the victim, the name and address of the attacking animal's
owner and/or person in charge of its care and keeping. The owner or
keeper of the attacking dog shall also provide to the victim or his
or her agent licensing, rabies, and vaccination information pertaining
to the attacking dog, and sufficient information for the victim to
contact the insurance carrier of the person responsible for the attacking
dog.
(Prior code § 0601.5)
Any animal found trespassing on any private property in the
City may be taken by any person and delivered to the Animal Control
Officer.
(Prior code § 0602)
No person shall keep a dangerous animal or poisonous reptile
or serpent, or carnivorous wild animal, except at a zoo operated by
a public agency or within an educational institution for study or
observation, or within a physician's office or laboratory for
medical research, treatment or other scientific purposes, providing
such animals are not allowed to be at large.
(Prior code § 0603)
The Animal Control Officer shall have authority to issue permits
for the keeping or maintaining, on a temporary basis, of all types
of wild animals or reptiles in connection with a circus, amusement
enterprise or animal exhibition when located in a zone wherein such
uses are permitted.
(Prior code § 0604)
A.
Dogs
and cats, as well as other domestic mammals (excluding rodents and
rabbits), involved in a bite to a human that breaks the skin are considered
under State law to be rabies suspect.
B.
Consistent
with State law, animals considered to be rabies suspect are required
to be placed in quarantine, defined as strict confinement upon the
private premises of the owner, or at a veterinary facility or animal
shelter facility, in a closed cage, or paddock, isolated for a specified
time.
C.
The
rabies suspect animal will remain in quarantine until released by
an Animal Control Services employee or a veterinarian licensed to
practice veterinary medicine in the State of California.
(Prior code § 0606; Ord. 1622(16) § 4)
No person shall keep, within the City, any cow, calf or goat,
within 100 feet of any dwelling other than his or her own.
(Prior code § 0607)
No person shall ride or drive or cause to be ridden or driven
any bovine animal, horse, mule, burro, sheep, goat, or swine on any
sidewalk. The term "sidewalk" does not include any public
riding or hiking trail.
(Prior code § 0608)
No person having control or possession of a female dog in heat
shall fail to confine or enclose such female dog so that she cannot
come in contact with any male dog except for the purposes of planned
breeding.
(Prior code § 0609)
No person shall keep any hive of bees within 600 feet of any
residence (not including the residence of the beekeeper), hospital,
school, church, office building, store, hotel, apartment house, or
any other place of habitation. This Section shall not apply to the
keeping of bees within an educational institution for study or observation,
or within a physician's office or laboratory for medical research,
treatment, or other scientific purposes, provided they are not permitted
to fly at large.
(Prior code § 0610)
No person shall keep, harbor or maintain or cause or allow to
be kept, harbored or maintained, more than four dogs over four months
of age on any premises other than in a commercial establishment or
kennel operating in accordance with City and State regulations and
permit and licensing requirements.
(Prior code § 0611)
No person shall possess or maintain a crowing rooster in any
R-1, R-2, or R-3 district, as said districts are defined in the Zoning
Ordinance.
(Prior code § 0612)
The keeping of animals for 4-H, FFA or approved educational
or scientific projects, not involving the breeding of animals, may
be kept in the R-A and R-1 districts of the City, provided that the
keeping of such animals complies with the following provisions:
A.
The
project is sponsored by a youth institution or organization.
B.
The
keeping of such animals shall be limited to household pets as defined
in Section 7013 of the Zoning Ordinance, including small farm animals
up to and including those which normally at maturity reach the size
of yearling sheep.
C.
That
the keeping of said animals will not constitute a nuisance to the
neighborhood or a menace to public safety.
D.
Animal
enclosures or pens shall be kept or maintained in a clean and sanitary
condition free from accumulations of manure, urine, stagnant water,
used bedding material, or any other filthy or odorous substances.
E.
Said
projects are limited to an eight-month period.
(Prior code § 0613)
A.
No person
owning or having custody or control of any dog shall knowingly or
through failure to exercise due care or control permit such animal
to defecate or commit any other nuisance, and allow such nuisance
to thereafter remain in any public park, or other public property,
upon the sidewalk or parkway of any street, or upon any private property,
without the consent of the owner or person in lawful occupation thereof.
A person shall not be considered in violation of this section if the
person has the necessary equipment (such as a shovel, bag or other
implement) readily available and does take immediate and necessary
action to accomplish the removal of such feces or nuisance.
B.
It shall
be unlawful for any person to own or maintain any cage, hutch, aviary,
place, property or area in which any animal is kept in an unsanitary
manner due to the accumulation of feces, urine, uneaten food or other
matter that is harmful to the health, safety or welfare of the animal,
other animals or any human being. Any feces, uneaten food, or other
matter that emits an offensive odor or encourages the breeding of
flies or other insects shall be collected daily, not be allowed to
accumulate and shall be properly disposed of.
C.
Notwithstanding
any other provision of this code, a violation of this section shall
be an infraction punishable by: (1) a fine not exceeding $100.00 for
a first violation; (2) a fine not exceeding $200.00 for a second violation
within a consecutive 12-month period; and (3) a fine not exceeding
$500.00 for each additional violation within a consecutive 12-month
period.
D.
This
section shall not apply to disabled persons accompanied by a service
animal used for their assistance.
(Prior code § 0614; amended
during the 2008 recodification; Ord. 1622(16) § 5)
A.
When
a determination has been made by the Recreation and Parks Commission
of the City of Lompoc that it is necessary to protect the public peace,
health and safety by prohibiting animals in parks during events authorized
by the Commission, upon the Commission's determination and the
posting of signs providing notice of the prohibition at all entrances
to the park, where the activity is taking place, it shall be unlawful
for any person owning or having possession, charge, custody or control
of any animal to cause or permit the animal to be at the park during
the specified event. Any person failing to remove an animal from the
park during the specified event, upon being given notice of the prohibition,
shall be guilty of a misdemeanor.
B.
In accordance
with Sections 54 through 55.1 of the California Civil Code, this Section
shall not apply to a specially trained guide dog, signal dog, or service
dog as defined in Civil Code Section 54.1, accompanying a totally
or partially blind person, or deaf person, or person whose hearing
is impaired or physically handicapped person.
(Prior code § 0615)
A.
Purpose.
The purpose of this chapter is to prohibit the feeding of wild animals
on public property, including City parks, facilities, streets, sidewalks,
median strips, parking strips, and rights-of-way in order to: (1)
reduce risks of disease; (2) reduce overpopulation of wild animals;
and (3) lessen the damage to public property caused by wild animals.
B.
"City Manager"
"City parks"
"Feed"
"Wild animal"
"Public property"
Definitions.
Whenever any of the words hereinafter defined are used in this chapter,
they shall be construed to mean the following:
means the City Manager or anyone designated by the City Manager
to act as the City Manager for purposes of implementing this Section.
shall have the meaning of "Parks" in Section 12.08.020 of this code.
means to distribute, place, deposit, or dump any type of
food in any manner, whether or not an animal is in the vicinity at
the time the food is distributed, placed, deposited, or dumped.
means any non-domesticated species of animal, including,
but not limited to, birds, gophers and squirrels.
means all City parks (as defined in Section 12.08.020), buildings, facilities, streets, sidewalks, median strips, parking strips, rights-of-way, and any other property owned by the City of Lompoc (including landscaping on such property).
C.
Feeding
of Wild Animals Prohibited. No person shall feed any wild animal in
City Parks or on Public Property, without specific written authorization
from the City Manager.
D.
Violation––Penalty. Any person violating any provision or failing to comply with any of the requirements of this chapter shall be guilty of an infraction as set forth in Chapter 1.24 of this Code. Alternatively, the citing official may issue an administrative citation as set forth in Chapter 1.36 of this Code.
(Ord. 1684(21) § 1)
