A. 
Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by such dog on public or private property without the consent of the owner or person in lawful possession of such property. For the purpose of this section, dog fecal matter shall be immediately removed by placing such matter in a closed or sealed container and thereafter disposing of it by depositing such matter in a trash receptacle, sanitary disposal unit or other closed or sealed container.
B. 
This section shall not apply to blind persons accompanied by a dog used for their assistance.
(Prior code § 13-5.5)
A. 
No person owning or having charge, care or custody of any dog shall cause or allow it to go or be taken into any public place where food is handled, prepared, served or sold, nor into any public or private school building or school grounds, except for the exhibition or entertainment purposes approved by the principal of the school.
B. 
This section shall not apply to those dogs that are being used to assist persons who are blind, visually impaired, deaf, hearing impaired, or disabled.
(Prior code § 13-37; Ord. 5384 § 1, 2004)
No person owning or having charge, care, custody or control of any dog shall cause it or allow it to go or be taken into any elevator in any office building, retail store, or public building. This section shall not apply to those dogs that are being used to assist persons who are blind, visually impaired, deaf, hearing impaired, or disabled.
(Prior code § 13-38; Ord. 5384 § 2, 2004)
A. 
"Vicious dog" is any dog which: (1) bites or attempts to bite any human or animal without reasonable provocation, or which has a disposition or propensity to attack or bite any human or animal without reasonable provocation and endangers the health and safety of any person; or (2) engages in or is found to have been trained to engage in, exhibitions of dog fighting.
B. 
No dog may be declared vicious if any injury or damage is sustained by a human who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared vicious if the dog was protecting or defending a human within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared vicious if an injury or damage was sustained by an animal which, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog. No dog may be declared vicious if an injury or damage was sustained by a human or animal while the dog was performing its duties as a police dog or service dog.
C. 
This section will not apply to licensed commercial kennels, humane society shelters, animal control facilities, or veterinarians.
D. 
If a vicious dog bites a human or animal, the owner or keeper will be guilty of a misdemeanor if the owner or keeper knows or should have known that his or her dog is vicious.
(Ord. 5346 § 1, 2003)
A. 
It shall be the duty of a health officer, peace officer or animal control officer on receiving a report that any person or animal has been bitten by a dog, to investigate and upon reasonable indications of its viciousness, to summarily and immediately seize and impound the dog. If the dog has been determined to be vicious and has bitten, the dog will be retained by the Humane Society until the completion of all court proceedings. If the dog has been determined to be vicious, but has not bitten, the dog will be retained by the Humane Society for a period of up to 15 calendar days before being returned to the owner or keeper with conditions of ownership. During the period of impoundment, the owner or keeper of the vicious dog will be responsible for the impound fees.
B. 
Any person keeping or harboring such dog subject to being impounded who fails to surrender the animal to such official upon demand shall be guilty of a misdemeanor.
C. 
If the dog or other animal cannot be safely taken up and impounded, it may be destroyed forthwith by such law enforcement or animal control officer.
(Prior code § 13-40; Ord. 5346 § 2, 2003)
A. 
Whenever an animal control officer, health officer or their authorized representatives, or any peace officer has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this title, or other applicable law, or whenever it is necessary for such officer to make an inspection to enforce any provision or perform any duty imposed by this title or other applicable law, he or she shall have the right to enter such property at any reasonable time to inspect and perform any duty imposed by this title or other applicable law; provided, that:
1. 
If such property be occupied, he or she shall first present proper credentials to the occupant and request entry explaining his or her reasons therefor; and
2. 
If such property shall be unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining his or her reasons therefor; and
3. 
If such entry is refused or cannot be obtained because the owner or other person having charge or control over the property cannot be found after due diligence, recourse shall be had to every remedy provided by law to secure lawful entry and inspection of the property.
B. 
Any refusal by the holder of any permit issued pursuant to this chapter to permit an inspection of the premises described in the permit by any authorized official at any reasonable time shall constitute grounds for revocation of the permit.
C. 
Nothing in this section shall affect or otherwise abridge the right of any animal control officer to pursue or impound an animal or to issue a citation when an animal is on property other than that of the owner of the animal or that of a person who has a right to control such animal.
(Prior code § 13-41; Ord. 5346 § 3, 2003)
A. 
Notwithstanding any provision of this title to the contrary, if an animal control officer, health officer or their authorized representatives, or any peace officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to save the animal or protect the public health or safety, he or she shall have the right to summarily and immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he or she shall first present proper credentials to the occupant and demand entry, explaining his or her reasons therefor and the purpose of his or her inspection. Failure or refusal to permit inspection as provided in this section shall constitute a misdemeanor.
B. 
No person shall resist or interfere with an animal control officer in the performance of his or her official duty, nor shall any person fail or refuse to exhibit the registration of any animal required to be licensed by this code when required to do so by any animal control officer.
(Prior code § 13-41.1; Ord. 5346 § 4, 2003)
A. 
Within five calendar days of impoundment of a vicious dog as defined herein, the Humane Society will notify the city attorney's office concerning the vicious nature of the animal.
B. 
Within 15 calendar days of impoundment, the Humane Society may return the vicious dog to the owner or keeper with the following conditions: while on the owner's or keeper's property, the dog shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The dog may be off the owner's or keeper's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.
C. 
The legal remedies set forth in Sections 6.08.045, 6.08.060 and 6.08.070 are not intended to be exclusive. Additional legal rights and remedies may be pursued including, but not limited to, filing a petition pursuant to Section 31621 of the California Food and Agricultural Code.
(Ord. 5346 § 5, 2003)
A. 
Any person owning or having custody or control of any dog over the age of four months shall pay for the privilege of keeping such dog in the city an annual license fee as established in accordance with Section 6.04.180. If the dog is spayed or neutered, or if in the opinion of a licensed veterinarian, evidenced in writing to the satisfaction of the Community Development Department or its authorized agent, the dog is too old or infirm or otherwise unable to reproduce, as the case may be, the owner shall be entitled to a reduction in the dog license fee as established in accordance with Section 6.04.180. If an applicant for such license is 65 years of age or older and has a gross income which falls within the income limits for low and moderate income families established by the U.S. Department of Housing and Urban Development on file in the office of the Community Development Department or its authorized agent, such applicant shall pay one-half (½) of the respective dog license fees for altered and unaltered dogs as established in accordance with Section 6.04.180 after certifying to the satisfaction of the Community Development Department or its authorized agent that such applicant is eligible for such reduction in fees, provided that such applicant is the actual person who harbors and cares for such dog. No license fee shall be required to be paid for any guide dog trained to assist blind persons or those who are visually impaired, any signal dog trained to assist deaf persons or those who are hearing impaired, or any service dog trained to assist disabled persons when any such dog is actually being so used.
B. 
Such license fees shall be due and payable within 30 days after notification by the city or its authorized agent that such fee is due, or within 30 days after the first possession of a dog four months of age or over, or within 30 days after a dog reaches the age of four months, or within 30 days after a dog's arrival in the city, whichever shall occur first. License fee payments which are not paid within the periods before mentioned shall be deemed delinquent and a penalty fee shall be added. Such penalty fee shall be established in accordance with Section 6.04.180.
C. 
A dog license shall expire one year from the date of approval, or upon expiration of the dog's antirabies immunization, whichever occurs first. Dogs having an expired anti-rabies immunization shall be revaccinated within 60 days thereof. Upon presentation to the Community Development Department or its authorized agent of a new anti-rabies vaccination certificate showing compliance within such time, the expired license may be reinstated for the balance of the license period.
D. 
This section does not apply to commercial kennel operators as defined in Section 6.08.130.
(Prior code § 13-42; Ord. 5384 § 3, 2004; Ord. 5990 § 3, 2022)
A. 
Upon receipt of the license fee, the Community Development Department or its authorized agent shall issue a dog license and a numbered tag. Such tags shall be good for the life of the dog or until such time as the Community Development Department or its authorized agent determines the need for a replacement tag.
B. 
A replacement tag will be issued for lost or mutilated tags upon payment of a replacement dog tag fee, as established in accordance with Section 6.04.180.
(Prior code § 13-43; Ord. 5990 § 4, 2022)
A. 
The Community Development Department or its authorized agent shall not issue a dog license unless the applicant:
1. 
Exhibits or has on file with the Community Development Department or its authorized agent a certificate signed by a veterinarian licensed either by the state of California or by any other state to practice veterinary medicine that:
a. 
Such dog has been vaccinated with an approved 18 month vaccine less than one year prior to the date of application or the first day of the license, whichever is later; or
b. 
Such dog has been vaccinated with an approved 30 month vaccine less than two years prior to the date of application or the first day of the license, whichever is later; or
c. 
Such dog is exempted from vaccination by this chapter.
B. 
When the Community Development Department or its authorized agent issues a dog license, such license shall show the age of the dog, the date the dog's vaccination expires, or that the license was issued without proof of vaccination, as provided in this section.
C. 
The Community Development Department or its authorized agent may accept payment of the fee for a license tag and a license for a dog which has not been vaccinated as required by this chapter on condition that the owner of such dog, within five days thereafter, have such dog vaccinated and submit the required veterinarian's certificate to the Community Development Department or its authorized agent. Upon receipt of such certificate the Community Development Department or its authorized agent shall issue the license tag and license.
(Prior code § 13-44; Ord. 5990 § 5, 2022)
It is unlawful for any person to permit or allow any dog, licensed by or to such person, to be on any public street, alley, lot or highway unless a dog tag as required by this chapter is attached to such dog's collar or harness.
(Prior code § 13-47)
The Community Development Department or its authorized agent shall enter in a register kept by the Community Development Department or its authorized agent for that purpose the name and address of the person to whom a license is issued under the provisions of this chapter, a description of such dog, the number of the tag and the date of its issuance.
(Prior code § 13-48; Ord. 5990 § 6, 2022)
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
"Cat kennel"
means and includes any place where more than three domestic cats over four months of age are kept, housed, fed, harbored, lodged or maintained.
"Commercial kennel"
means and includes any place where more than four dogs over four months of age and/or more than six domestic cats over four months of age are kept, housed, boarded, lodged, fed, hired, trained, sold or bred as a commercial activity. All dog or cat kennels which are not "commercial" shall be deemed "noncommercial."
"Dog kennel"
means and includes any place where more than two dogs over four months of age are kept, housed, fed, harbored, lodged or maintained.
(Prior code § 13-49; Ord. 5370 § 8, 2004)
No person shall establish, keep or maintain any commercial or noncommercial dog or cat kennel in the city without first having obtained a permit in writing from the Community Development Department or its authorized agent to do so as provided by Section 6.08.151 of this Code.
(Prior code § 13-50; Ord. 5113 § 2, 1996; Ord. 5990 § 7, 2022)
A. 
Any person desiring to obtain a kennel permit shall file a written application therefor with the Community Development Department or its authorized agent, stating the proposed location of such dog or cat kennel, the name of the applicant, and the number of dogs and/or cats to be kept therein at any one time.
B. 
Such application for a permit shall be accompanied by a filing fee as established in accordance with Section 6.04.180. Only a single fee shall be required for an application to establish, keep or maintain both a dog kennel and a cat kennel on the same premises.
C. 
Any applicant granted a kennel permit shall pay the entire permit fee as established in accordance with Section 6.04.180, for the remaining fraction of the permit year in which such applicant applies. Such permit fee shall thereafter be paid annually, in advance, to the Community Development Department or its authorized agent, and shall be due and payable at the time the permit is approved or renewed.
D. 
Each permittee, except for commercial kennel operators, shall license all existing dogs kept by the permittee according to Sections 6.08.080 through 6.08.120 prior to the issuance or renewal of the dog kennel permit by the Community Development Department or its authorized agent. Failure of the permittee to license such dogs shall be grounds for revocation of the permit. Such license fee (or fees) shall be in addition to and must accompany the permit fee payment. All licenses for dogs within a noncommercial kennel shall become due and expire on the same date as the kennel permit. Each dog tag number shall be recorded on each dog kennel permit issued annually by the Community Development Department or its authorized agent.
E. 
Any refusal by the kennel permit holder to permit an inspection of the premises described in the permit by any authorized official at any reasonable time shall constitute grounds for revocation of the kennel permit.
(Prior code § 13-51; Ord. 5990 § 8, 2022)
All applications for permits required by Sections 6.08.140 and 6.12.020 of this code shall, except as otherwise provided in this chapter, be made to the Community Development Department or its authorized representative. It shall be the duty of the Community Development Department or its authorized representative to act upon all such applications pursuant to the restrictions and standards provided by this chapter and to grant or refuse permits in accordance therewith. It shall be the duty of the Community Development Department or its authorized representative, upon receipt of any application for a permit as provided hereunder, to make or cause to be made strict inquiry into the facts set out in such application, and if upon such inquiry the Community Development Department or its authorized representative shall find such business, occupation, or act is, and is intended to be, conducted so as to comply with all the laws, ordinances, rules and regulations which shall then be in force in the city concerning the location, management and control of such business, occupation or act, and that the same shall not be a menace or probable menace to the public peace, health, comfort and welfare, or that same shall not be a nuisance or probable nuisance, then the Community Development Department or its authorized representative shall issue a permit upon such conditions as the Community Development Department or its authorized representative shall deem necessary. No permit issued under this chapter shall be transferable or assignable to any person or entity. Any change in location or name of the person(s) or entity from that which is shown on the issued permit shall require a new permit to be obtained.
Any person aggrieved by the action of the Community Development Department or its authorized representative may appeal to the animal administrative hearing officer within the time and in the manner provided in Section 6.08.153.
(Ord. 5113 § 3, 1996; Ord. 5990 § 9, 2022)
Any permit issued under the terms of Sections 6.04.160, 6.08.140 and 6.12.020 may be suspended or revoked by the Community Development Department or its authorized agent when it shall appear that the business or occupation or the doing or performance of the act for which the permit was granted is conducted, maintained, done or performed contrary to the application described in Section 6.04.160, 6.08.150 or 6.12.030, or in violation of any of the conditions imposed by the Community Development Department or its authorized agent at the time of issuing the permit, or in violation of any of the provisions of this code or in violation of any of the laws of the state, or is conducted, maintained, performed or done so as to constitute a nuisance or disturb the peace of persons in the vicinity or in any manner deleterious to the public peace, health or welfare; provided, however, that no such permit shall be revoked by virtue of this section until a hearing shall have been held by the Community Development Department or its authorized agent. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least seven days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in the application. Any person aggrieved by the action of the Community Development Department or its authorized agent in revoking, suspending or refusing to revoke or suspend any permit may appeal to the animal administrative hearing officer within the time and in the manner provided in Section 6.08.153 of this Code.
(Ord. 5113 § 4, 1996; Ord. 5990 § 10, 2022)
A. 
Any applicant or other aggrieved party dissatisfied with the determination of the Community Development Department or its authorized agent relative to an application filed under Section 6.04.160, 6.08.140 or 6.12.020, or the revocation or suspension by the Community Development Department or its authorized agent of any said permit, may appeal to the animal administrative hearing officer from said determination. Any such appeal shall be filed in writing in duplicate with the Community Development Department or its authorized agent. Such written notice of appeal shall be filed not later than 15 days after the act or determination appealed from. If there has been a previous hearing by the Community Development Department or its authorized agent and, the result of that hearing is announced on a date other than the date specified for the hearing or continued hearing of the matter, any person who appeared at said hearing and addressed the Community Development Department or its authorized agent in connection with such matter may file the notice of appeal not later than 15 days after actual notice of the decision of the Community Development Director or its authorized agent or 15 days after the mailing of notice by the Community Development Department or its authorized agent of the determination to such a person.
B. 
Timely filing of the notice of appeal shall be a jurisdictional requirement.
C. 
Every notice of appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the animal administrative hearing officer to understand the nature of the controversy and the parties concerned.
D. 
At the time of filing the notice of appeal, the appellant shall pay the fee as required under Section 6.04.180 of this Code.
E. 
Notice of the hearing on the appeal shall be provided in writing by United States mail postage prepaid to the appellant and all interested parties of record at least 10 days prior to the hearing. The hearing shall be conducted by a paralegal or an attorney in the city attorney's office, or in the case of a conflict, an individual in the city manager's office to be appointed by the city manager to hear the case.
F. 
The hearings shall be de nova and a decision with findings shall be made based upon the criteria set forth under Sections 6.08.151 and 6.08.152 of this Code.
G. 
The determination of the animal administrative hearing officer regarding any such case shall be final and conclusive on all parties and any petition for judicial review shall be brought pursuant to Section 2.88.120 of this Code.
(Ord. 5113 § 5, 1996; Ord. 5990 § 11, 2022)
No person shall keep in any noncommercial kennel more than the number of dogs or domestic cats permitted by the kennel permit. No kennel permit shall be issued for more than four dogs or six domestic cats, over the age of four months.
(Prior code § 13-52; Ord. 5370 § 9, 2004)
A. 
Every person keeping, harboring or having any dog over four months of age shall cause such dog to be vaccinated with rabies vaccine by a person licensed by the state of California or other state to practice veterinarian medicine on or before the latest of the following dates:
1. 
One year after vaccination with tissue phenolized vaccine;
2. 
Two years after vaccination with chick embryo vaccine;
3. 
Fifteen days after first acquiring such dog;
4. 
January 1, 1958;
5. 
Fifteen days after bringing such dog into the city.
B. 
Every person keeping, harboring or having a dog which has been vaccinated within a period of not more than two years after such prior vaccination.
C. 
Every person keeping, harboring or having a dog which has been vaccinated with tissue phenolized vaccine shall cause such dog to be revaccinated within a period of not more than one year after such prior vaccination.
(Prior code § 13-53)
No dog need be vaccinated for rabies:
A. 
If a licensed veterinarian after examining such dog certifies that at such time vaccination would endanger the dog's health due to illness or disability, which illness or disability shall be made to appear on the face of the certificate; provided, however, that the exemption created by this section shall be limited in time to the duration of such illness or disability or to the period of time during such illness or disability within which vaccination would endanger the health of such dog, whichever period is the lesser; or
B. 
If the dog is less than four months of age.
(Prior code § 13-54)
A. 
Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine shall issue to the person to whom such person delivers the dog a duplicate original of a certificate signed by the veterinarian which states:
1. 
The name and address of the owner or harborer of the vaccinated dog;
2. 
The kind of vaccine used, the name of the manufacturer and the manufacturer's serial or lot number, and the date of the vaccination;
3. 
The breed, age, color and sex of the vaccinated dog;
4. 
The year and serial number of the license tag, if any.
B. 
The original copy of the certificate shall be mailed to the Community Development Department or its authorized agent within five days after the date of vaccination.
(Prior code § 13-55; Ord. 5990 § 12, 2022)
No person keeping or harboring a dog for which a license is required shall fail or refuse to exhibit a certificate of vaccination required by this chapter upon demand of the health officer, the chief of police and any of their subordinates.
(Prior code § 13-56)