A. Except as provided in subsection
B of this section, a violation of this title shall be an infraction, punishable pursuant to Section
1.20.010(B) of this code.
(Prior code § 13-1)
No person shall keep or maintain or cause or permit to be kept
or maintained for the use, restraint or confinement of any animal
or fowl any yard, coop, building, structure, pasture, pen, hutch,
kennel or enclosure which is in an unsanitary condition.
(Prior code § 13-1.5)
No person shall keep any animal, wild or domestic, other than cats, dogs, canaries or birds of the psittacinae family, or a combined total of no more than two of any combination of rabbits, chickens (other than roosters), ducks or pigeons within 50 feet of any residence or dwelling house or other building used for the habitation of human beings, or within 150 feet of any school, hospital, or similar institution, provided that this section shall not prohibit the keeping of horses which are kept in accordance with Title
30 of this code.
(Prior code § 13-2)
A. No person
shall keep or maintain any rabbit, hare, chicken (other than a rooster),
turkey, goose, duck, pigeon, pheasant or other fowl unless such fowl,
rabbits or hares are kept or maintained in flyproof pens. This section
shall not apply to the live sale of poultry, rabbits, canaries or
birds of the psittacinae family.
B. For
the purposes of this section, a "flyproof pen" is defined
as a structure or cage of a design which prevents the entry therein
or the escape therefrom of any bee, moth or fly and which has a base
or floor constructed of solid material capable of preventing the deposit
or accumulation upon the ground of solid and/or liquid waste from
any animal or fowl confined in such structure or cage.
(Prior code § 13-3)
A. No person
shall keep or maintain more than 12 rabbits, hares, chickens, turkeys,
geese, ducks, pigeons or pheasants or any combination thereof, within
300 feet of any residence or dwelling house other than that occupied
by such person. This section shall not apply to the live sale of poultry,
rabbits, canaries or birds of the psittacinae family.
B. For the purposes of subsection
A of this section, no rabbit or hare therein described shall be counted unless it is over 60 days of age.
(Prior code § 13-4)
No person shall keep or permit to be kept or permit to remain
any manure on any premises longer than one day, unless the same is
kept in a covered bin or box made of sound metal, brick, stone, concrete
or wood, lined with flytight materials, or buried in the ground and
covered with earth or other materials sufficient to prevent the attraction
or breeding of flies or other insects.
(Prior code § 13-5)
No person shall keep or permit to be kept or permit to remain
any manure in any bin or box on any premises for a period longer than
seven days and it is unlawful to fail, refuse or neglect to clean
and disinfect a bin or box used to contain manure or cause the same
to be cleaned or disinfected at any time when so ordered by the health
officer, except that wherever five or more horses are kept, such period
shall not exceed four days. The removal of manure shall be accomplished
in a covered container in such a manner that manure is not allowed
to escape from the disposal vehicle.
(Prior code § 13-6)
No person shall keep or permit to be kept or permit to remain
any manure within 100 feet of any church, school, hospital or any
place where food products are kept or stored or manufactured, or within
35 feet of any window or door of any dwelling, hotel or lodginghouse.
(Prior code § 13-7)
Nothing contained in Sections
6.04.060,
6.04.070,
6.04.080 and
6.08.010 shall apply to rotted manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes, shrubs or trees, or to rotted manure kept by any nursery or gardener in flyproof containers.
(Prior code § 13-8)
No person shall ride, drive, lead, guide or otherwise conduct
any horse or animal other than a dog which is securely restrained
by a leash or harness, upon any public sidewalk or parkway; provided
that the act of conducting such animal from private premises by the
shortest route to the main traveled portion of the adjacent public
street shall not be prohibited.
(Prior code § 13-10; Ord. 5492 § 1, 2005)
No person shall hitch or tie to any tree or shrub in any public
street, alley or public place in the city any horse or other animal.
(Prior code § 13-11; Ord. 5492 § 1, 2005)
No person shall tie or stake in any public street, alley or
public place any horse or other animal so that it may interfere with
the free use of any travel thereon.
(Prior code § 13-12; Ord. 5492 § 1, 2005)
No person shall keep or maintain or permit to be kept or maintained
any animal or fowl within the city, except the following:
B. Feral
cats, as long as such cats are managed by a registered care giver
at the location of the original colony and with the property owner's
permission (for purposes of this provision, a colony constitutes four
or more feral cats);
C. Horses
as defined in Title 30 of this code;
D. All
birds and fowl except roosters, guinea fowl, peafowl and the superorder
paliognathae (ostrich types);
E. Rabbits,
hares, opossums, hamsters, mice, guinea pigs, squirrels, chipmunks,
raccoons, turtles and tortoises;
F. Fish,
nonvenomous snakes and lizards, and constricting snakes under seven
feet in length;
G. Squirrel,
woolly and capuchin monkeys;
H. Any
animal or fowl kept or maintained in an authorized circus, carnival,
parade, educational institution for instructional purposes, or the
agency designated by the council to operate an animal shelter for
the city.
(Prior code § 13-16; Ord. 5370 § 4, 2004; Ord. 5492 § 1, 2005)
A. No person
shall feed or in any manner provide food for one or more nondomesticated
mammalian predators, including, but not limited to, coyotes, raccoons,
foxes and opossums.
B. Exceptions.
This section shall not apply in any of the following instances:
1. Where
the person is the owner of such nondomesticated predator and such
predator is kept under a valid certificate or permit issued by the
state of California Department of Fish and Game;
2. Where
the person provides food for a trapped, injured or unweaned, nondomesticated
predator between the time the agency in charge of animal control is
notified and such predator is picked up by such agency;
3. Where
the person provides food for feral cats.
C. Notwithstanding
any other provisions of this section or this code, no person shall
leave or permit to be left out of doors food for any animal between
the hours of 10:00 p.m. and 6:00 a.m. of the next day.
(Prior code § 13-16.5; Ord. 5370 § 5, 2004; Ord. 5492 § 1, 2005)
A. No person
shall deposit on or in any public street, public right-of-way, sidewalk,
public building or public property within the city any food or edible
thing which can be consumed by pigeons.
B. No person,
while on or in any public street, public right-of-way, sidewalk, public
building or public property within the city, shall feed or cause to
be fed any pigeon.
(Prior code § 13-16.6; Ord. 5058 § 1, 1994; Ord. 5492 § 1, 2005)
No person shall keep or maintain any raccoon, capuchin monkey, squirrel monkey or woolly monkey in the city, without first obtaining a permit therefor from the city clerk as provided by Section
6.08.151 of this code.
A. Applicants for such permit shall pay a permit fee per animal year or any fraction thereof, as established in accordance with Section
6.04.180. Such permit fee shall be paid annually in advance and shall be due and payable on the first day of February of each year. No permit issued under this chapter shall be transferable or assignable, or entitle any person other than the person named therein to keep or maintain any animal pursuant to the terms of this section.
B. Upon receipt of an application for a permit to keep such animals, the city clerk shall grant such permit and issue the same if the city clerk or the city clerk's authorized representative determines that such animal will be harbored and restrained in a safe, secure and proper manner without menacing or endangering the safety of any person or property. Such application shall be accompanied by a filing fee as established pursuant to Section
6.04.180. As a condition of granting the permit, the city clerk may require that such animal be properly caged or tethered and may promulgate and issue conditions for the keeping or maintaining of such animals within the city.
C. Any
permit issued under this chapter may be revoked by the city clerk
if the city clerk determines that there has been a violation of any
provision of this code, or any condition or regulation issued by the
city clerk, or when, in the determination of the city clerk or the
city clerk's authorized representatives, the safety of any person
or property is menaced or endangered by the keeping of such animal.
(Prior code § 13-17; Ord. 5113 § 1, 1996)
A. Any person keeping or maintaining or permitting to be kept or maintained any restricted or prohibited animal pursuant to Sections
6.04.130 and
6.04.160 prior to the enactment of such sections shall have 30 days from the effective date of the ordinance codified in this section in which to comply with the provisions of Sections
6.04.130 and
6.04.160
B. Sections
6.04.130 and
6.04.160 shall not apply to any such animals, prohibited or restricted, properly caged in a safe manner when being transported through the city by the most direct permissible route and in an expeditious manner in continuous movement without any unnecessary delays, except for delays necessitated by obedience to official traffic control devices or the directions of a duly authorized peace officer.
(Prior code § 13-17.5; Ord. 5492 § 1, 2005)
The amount or rate of license fees, filing fees, permit fees,
and any other fees to be paid to the city as provided in this chapter,
shall be established and/or modified by resolution of the city council.
The schedule for such fees shall remain on file and be available in
the office of the Community Development Department. The Community
Development Department shall review the fees charged for such services
at least once annually and shall, with the approval of the city manager,
recommend changes to the council when the costs for such services
make it appropriate. All of such license fees, permit fees, filing
fees and any other fees provided for in this chapter shall be paid
to the Community Development Department or its authorized agent.
(Prior code § 13-17.6; Ord. 5990 § 1, 2022)
A. No person
owning, having an interest in, harboring or having the care, charge,
control or possession of any animal other than domesticated or feral
cats shall permit or allow it, either willfully or through failure
to exercise due care or control, to be, remain, go or run at large
upon any public street, alleyway, park or unenclosed lot or land in
the city.
B. Any
animal at large upon a public street, alleyway, park or other public
place or upon any unenclosed lot of land in the city is declared to
be a nuisance and dangerous to the public health and safety. Nothing
in this section shall prohibit the city and/or its agents or employees,
including humane society employees, from issuing traps for the purpose
of trapping animals, including domesticated or feral cats, at large.
Nothing in this section shall prohibit the city and/or its agents
or employees, including humane society employees or registered care
givers of feral cats, from trapping animals, including domesticated
or feral cats, at large. Trapping by registered care givers of feral
cats shall be for the purpose of a T-N-R program.
C. An animal
shall not be considered to be at large if such animal is attached
to a chain or leash not exceeding six feet in length, and held continuously
by a reasonable person capable of controlling it, or if such animal
is upon private property which is in the possession of a person or
persons who either own or have control of the animal, or if such animal
is securely confined within an automobile.
(Prior code § 13-18; Ord. 5285 § 1, 2001; Ord. 5370 § 6, 2004)
Any person finding any stray domestic animal or fowl may take
such animal up if such person complies with the applicable provisions
of this chapter.
(Prior code § 13-19)
Every person, except an animal control officer, taking up any
stray domestic animal or fowl shall, within 24 hours thereafter give
notice to an animal control officer of:
A. The
fact that such person has such animal or fowl, giving a complete description
thereof;
B. The
license number for such animal, if any, and by what county or city
issued. If such animal has no license tag affixed to it, such person
shall so state; and
C. The
place where such animal or fowl is confined.
(Prior code § 13-20)
Any person taking up any stray domestic animal or fowl shall
surrender it to an animal control officer or to the animal control
officer's duly authorized representative upon demand.
(Prior code § 13-21; Ord. 5370 § 7, 2004)
Any person who is a qualified humane officer under the laws
of the state of California and who is an employee of the city or of
any agency under contract with the city to provide animal care or
protection services, which agency is incorporated for the purpose
of the prevention of cruelty to animals, may issue notices to appear
in court as prescribed by state law for any violations of state and
local animal control laws occurring within the city, including but
not limited to violations of this title, provided such employee shall
not be authorized to take any person into custody even though the
person to whom the notice is delivered does not give his or her written
promise to appear in court. This section shall in no way limit the
power of police officers of the city to issue citations and make arrests.
(Prior code § 13-20.1)
A. Any
person may make application to the agency designated by the council
to operate a pound for the city for the return of any animal or fowl
impounded therein and upon presentation of proof satisfactory to the
agency that such person is rightly entitled to the possession of such
animal or fowl may recover it upon presentation of an impound fee
to be fixed by agreement between the council and such agency, together
with the reasonable expense of its keep. The agency shall retain any
fees collected by it under this section.
B. If the
animal impounded is a dog, it shall not be released to the owner unless
the current dog license fee has been paid and the owner exhibits a
certificate signed by a veterinarian who has been licensed either
by the state or by another state to practice veterinary medicine that:
1. Such
dog has been vaccinated with tissue phenolized vaccine less that one
year prior to date of release; or
2. Such
dog has been vaccinated with chick embryo vaccine less than two years
prior to date of release; or
3. Such
dog is exempted from vaccination by this chapter.
(Prior code § 13-22)
Any police officer, animal control officer or person employed
by the city for such purpose is authorized to capture and impound
any animal or fowl found within the city and not restricted or confined
as required by this chapter. In case such capture cannot be quickly
effected and the unrestrained animal or fowl constitutes a menace
or danger to persons or property, such officer or person is authorized
to destroy such animal or fowl.
(Prior code § 13-23)
A. Not
less than 24 hours after the impounding of any animal or fowl, unless
sooner recovered by the owner or person entitled thereto, the agency
designated by the council to operate a pound for the city may destroy
such animal or fowl or dispose of it to any person paying all fees
or charges required by law. The agency shall retain any fees collected
by it under this section.
B. If the
animal impounded is a dog, it shall not be released to the person
applying for it unless the current dog license fee has been paid and
the owner exhibits a certificate signed by a veterinarian licensed
either by the state or by another state to practice veterinary medicine
that:
1. Such
dog has been vaccinated with tissue phenolized vaccine less than one
year prior to date of release; or
2. Such
dog has been vaccinated with chick embryo vaccine less than two years
prior to date of release; or
3. Such
dog is exempted from vaccination by this chapter; or
4. Such
dog is less than four months of age.
(Prior code § 13-24)
A. Notwithstanding the provisions of Sections
6.04.240 and
6.04.260 to the contrary, an impounded dog may be released from the pound prior to its vaccination for rabies if the person securing such release agrees in writing to cause the dog to be vaccinated for rabies and furnish to the operator of the pound within five days after such release a veterinarian's certificate of vaccination for rabies or furnish a veterinarian's certificate that such dog is exempted from vaccination by the provisions of this title, which certificate shall state the grounds, reasons and duration of the exemption. No person obtaining the release of a dog upon such a condition shall fail to comply therewith within the five day period specified.
B. When
the dog is released from the pound prior to vaccination, the operator
of the pound shall accept payment of the fee for a license tag and
license for the dog, but shall not issue the tag or license until
the conditions imposed by this chapter have been fulfilled.
(Prior code § 13-25)
Whenever a power is granted to or a duty imposed by any section
of this title, the power may be exercised or the duty may be performed
by either a person, firm, association or corporation by contract approved
by the city council.
(Prior code § 13-74)
It shall be authorized and competent for any contract entered into by the city pursuant to the provisions of Section
6.04.280 to provide that the duties of the Community Development Department imposed by any section of this title may be performed by the person, firm, association or corporation with whom such contract is thus entered into. Such contract may provide for the collection and the retention of all fees collected pursuant to such contract as the consideration for such services.
(Prior code § 13-75; Ord. 5990 § 2, 2022)