No person owning or otherwise having an animal in his or her
care, charge, control, custody or possession shall cause or permit
such animal to be without proper care and attention under conditions
that endanger the health or well-being of an animal or other circumstances
that could reasonably be expected to cause suffering, disability,
or death to the animal. Proper care and attention includes but is
not limited to proper and adequate food, water, shelter, sanitary
enclosures or surroundings, qualified medical care or attention and
required vaccinations, for such animal at a level, which insures the
animal's safety, good health, and well-being. Any person abandoning
their animal shall be subject to an administrative citation and fine
as set by resolution of the City Council and or a misdemeanor.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
No
person owning or otherwise having an animal (excluding cats that have
been spayed or neutered) in his or her care, charge, control, custody
or possession shall cause, permit, or allow such animal to run, be
or remain at large on any public street, road, alley, park or other
public place in the City. "At-large" shall mean the condition
wherein an animal is off the premises of its owner and is not under
secure restraint by a substantial leash, chain, halter, rope, or rein,
at a length necessary to maintain and keep such animal under effective
charge and control. The provisions of this section shall not apply
to a service or assistance dog; a dog participating in field or obedience
trials; animal exhibitions; or a dog assisting a public safety officer
engaged in law enforcement duties.
(b)
No
person owning or otherwise having an animal (excluding cats that have
been spayed or neutered) in his or her care, charge, control, custody
or possession shall cause, permit, or allow such animal, even though
not at-large, to be in or upon private property other than that of
the owner, except with the consent of the person in charge of the
private property. The provisions of this section shall not apply to
a service or assistance dog; or a dog assisting a public safety officer
engaged in law enforcement duties.
(c)
Any
animal found on any private property without the consent of the owner
may be taken up by the owner or possessor of the property and delivered
to the Animal Control Officer or detained on the property until surrendered
to the Animal Control Officer. Every person taking up any animal under
the provisions of this section shall, within 24 hours thereafter,
give notice thereof to the Police Department; and shall surrender
such animal to the Animal Control Officer without fee or charge.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
The
owner or other person having an animal in his or her care, charge,
control, custody or possession that bites a human being shall immediately
notify the Police Department of such bite, giving the name and address
of the person bitten, if known to him or her, and shall obey any quarantine
instructions given by the Police Department or Animal Control Officer.
The Animal Control Officer may, in his or her discretion, order the
animal quarantined at the shelter, at a veterinarian's office,
or at the owner/guardian's residence and may impose such reasonable
conditions thereon as may be required.
(b)
The
owner or other person having an animal in his or her care, charge,
control, custody or possession that bites or otherwise causes physical
injury to another animal shall, if requested by the owner or handler
of the injured animal, provide to the owner or handler of the injured
animal, accurate and current contact information and, if available,
the biting animal's license tag number and rabies vaccination
information and shall obey any quarantine instructions given by the
Police Department or Animal Control Officer. The Animal Control Officer
may, in his or her discretion, order the animal quarantined at the
shelter, at a veterinarian's office, or at the owner/guardian's
residence and may impose such reasonable conditions thereon as may
be required.
(c)
If
any person fails or refuses to obey any lawful order for the quarantine
of an animal for observation of rabies, the Animal Control Officer
may impound the animal for such quarantine at the expense of the owner.
The Animal Control Officer shall charge the owner in such case for
the care and board of the animal. Such rates shall be set by resolution
of the City Council.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
No
owner or person otherwise having an animal in his or her care, charge,
control, custody or possession, shall permit or allow any animal to
do any of the following:
(b)
Any
person owning or otherwise having an animal in his or her care, charge,
control, custody or possession on any public street or other public
property shall carry a tool or device to be used for cleaning or removing
animal excrement.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
A
person shall not leave or confine an animal in any unattended motor
vehicle under conditions that endanger the health or well-being of
an animal due to heat, cold, lack of adequate ventilation, or lack
of food or water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal. Section
597.7 of the Penal Code of the State of California is hereby incorporated
into this chapter.
(b)
Any
animal that has been confined in a vehicle in violation of this section
may be impounded pending a hearing to determine if the animal shall
be returned to its owner. In the event of any such impoundment, the
owner or keeper of the animal shall be liable for all costs and expenses
of impounding or keeping the animal.
(c)
Section
23117 of the Vehicle Code of the State of California is hereby incorporated
into this chapter. Any Animal Control Officer or peace officer may
remove an animal that is not properly tethered in accordance with
the aforementioned Vehicle Code without liability upon the City or
any person for resulting damage. The driver of the vehicle may be
cited for violation of such duty.
(d)
With
the exception of RVs or motor homes that are adequate and serve as
the residence of the owner, animals may not be housed in vehicles.
(§ 2, Ord. 1153, eff. May 19, 2017)
Except as otherwise set forth in this chapter, no person shall
keep or have upon any premises owned, occupied, or controlled by him
or her within the City more than three dogs and three cats over four
months of age. Upon application for relief from the maximum number
of dogs or cats allowed by this section, the Animal Control Services
Unit may allow by administrative permit the occupant of the premises
to maintain additional dogs or cats subject to reasonable conditions
as are necessary to insure the general public health, safety and welfare
of the general public and or nearby residents or businesses.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
It
is unlawful for any person within the City of Los Banos to intentionally
provide food, water, or other forms of sustenance to a feral cat except
under the following conditions:
(1)
Register with the City as a caretaker of feral cats;
(2)
Feed feral cat(s) daily in a manner that does not leave excess food
in the area;
(3)
Regularly trap and spay/neuter cats over the age of eight weeks;
(4)
Identify all altered cats by tipping their ears;
(5)
Arrange to have all trapped cats vaccinated for rabies in addition
to any other vaccination or immunization requirement imposed by the
State.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
Every
dog over four months of age shall have a medically current vaccination
with an appropriate anti-rabies vaccine approved by the California
State Department of Health Services.
(b)
Every
cat over four months of age shall have a medically current vaccination
with an appropriate anti-rabies vaccine approved by the California
State Department of Health Services.
(c)
Every
person who owns or comes to own an unvaccinated dog or cat over four
months of age shall have 30 calendar days from the date the animal
was obtained to comply with the provisions of this chapter.
(d)
Every
veterinarian, after vaccinating a dog or cat for rabies, shall issue
a certificate to the owner or custodian. The certificate shall include
the following information:
(1)
The owner's full name, address, and telephone number;
(2)
The breed, age, sex, and color or markings of the animal;
(3)
The date of immunization;
(4)
The type of vaccine administered;
(5)
The name of the vaccine manufacturer;
(6)
The lot number of the vaccine used; and
(7)
The signature of the veterinarian administering the vaccination or
his or her agent and their veterinary license number.
(e)
If
a copy of the certificate is on file with the Animal Control Officer,
a duplicate copy may be provided when requested by the owner or custodian
of the animal. An administrative fee shall be charged for each duplicate
certificate issued.
(f)
The
owner or custodian must maintain the certificate of vaccination, or
a copy thereof, and must, upon demand of the Animal Control Officer,
Public Safety Officer, or Code Enforcement Officer acting within the
course and scope of his or her employment, display said certificate
for examination.
(g)
Upon
written proof provided by a veterinarian that an animal has a medical
condition which would cause it to be endangered by receiving anti-rabies
vaccination, the Animal Control Officer may exempt the animal from
the vaccination requirements in this section so long as the animal
is kept in strict confinement and isolated at all times and so long
as the medical condition is proven to exist. The written proof must
also contain an estimated date when the animal can be safely vaccinated.
(§ 2, Ord. 1153, eff. May 19, 2017)
It is unlawful for any dog owner or person in responsible charge
of any dog to tether said dog for longer than three hours in a 24
hour period, or a time that is otherwise approved by Animal Control
Services Unit. No persons shall tether, fasten, chain, tie or restrain
a dog, or cause a dog to be tethered, fastened, chained, tied, or
restrained to a dog house, tree, fence or any other stationary object.
A dog may be attached to a running line, pulley, or trolley system.
A dog may not be tethered by means of a choke collar or pinch collar.
A person may tether, fasten, chain, or tie a dog while engaged in
camping or recreational activities, or completing a temporary task
that requires the dog to be restrained, or engaged in an activity
that is conducted pursuant to a valid license issued by the State
of California if the activity for which the license is issued is associated
with the use or presence of a dog. A dog may be tethered, fastened,
chained, or tied while actively engaged in shepherding or herding
cattle or livestock, or cultivating agricultural products.
(§ 2, Ord. 1153, eff. May 19, 2017)
Dogs are prohibited in public parks and playground areas unless
such dogs are under physical restraint by a person capable of controlling
the dog by means of a leash at a length necessary to maintain and
keep such animal under effective charge and control. This provision
shall not apply to any area specifically designated as a dog park
or off leash exercise area.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
The
City Council may, from time to time, designate secured areas within
the City for walking, recreation, training, and socialization of dogs.
(b)
The
following provisions for dog park use are in addition to the other
requirements of the Los Banos Municipal Code.
(1)
Hours of operation for the dog park shall be established by the Department
of Public Works.
(2)
All dogs that are brought into the dog park must have a current dog license tag and must be wearing a collar with a current license tag as required by Section 6-1.3006.
(3)
All dogs that are brought into the dog park must be healthy with no contagious conditions, parasite free, and vaccinated as required by Section 6-1.4008.
(4)
Potentially dangerous dogs, vicious dogs, unaltered dogs, and puppies
under four months of age are prohibited from entering the dog park.
Dogs exhibiting threatening or aggressive behavior must be immediately
removed from the dog park. In the event of a dog bite or other injury
caused by a dog, the person having charge, care, custody or control
of the dog that caused the injury must provide current license tag
information and a telephone number to the injured party.
(5)
Separate areas for use by small dogs and large dogs may be designated
at the dog park. Such areas will be separated by fencing and signage
shall indicate the minimum and/or maximum weight and/or size of dog
allowed in the designated area. Dogs are restricted to use of the
area designated for their size.
(6)
Dogs shall be off-leash only once inside the fenced area of the dog
park. All persons owning or having charge, care, custody or control
of any dog in the dog park must carry a leash.
(7)
A maximum of three dogs per person age 14 years of age or older shall
be allowed inside the dog park at any one time. Dogs may not be left
unattended in the dog park, and close supervision of all dogs is required.
(8)
No children under the age of six years are permitted in the dog park.
Children from ages six to 14 are permitted in the dog park with adult
supervision.
(9)
All persons bringing a dog into the dog park shall be responsible
for cleaning up after their dog, disposing of dog feces in the designated
dog waste receptacles, and filling and repairing holes dug by their
dog.
(10)
All human and dog food, including food products, are prohibited in
the dog park.
(11)
Use of noise amplification equipment, including bullhorn, air horn,
or similar device which results in noise disturbance, is prohibited
in the dog park.
(12)
Commercial use of the dog park is prohibited, including dog training
classes, dog grooming, and solicitations or advertisement for pet-related
services.
(13)
No private rental of the dog park is permitted.
(14)
No private equipment, attraction, or structure may be brought into
the dog park.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
No owner, guardian or person otherwise having an animal in her or his care, charge, control, custody or possession shall permit or allow the existence of an animal nuisance as defined in subsection (b) herein. The keeping, harboring, maintaining, or owning of any animal committing an animal nuisance in addition to being a violation of this chapter, is hereby declared to be a nuisance subject to abatement proceedings described herein.
(b)
"Animal
nuisance," within the meaning of this chapter, means such actions
or behaviors of an animal which interfere with the rights of persons
to the enjoyment of life or property by creating chronic or habitual
annoyance, disturbance, or discomfort to neighbors or others in close
proximity to the premises where the animal is kept, harbored or maintained,
and shall include, but not be limited to the following:
(1)
Permit unsanitary conditions to exist on the premises where the animal
is kept which would cause odors, attract flies or vermin, or otherwise
be injurious to public health and safety, or indecent or offensive
to the senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or property by
the neighborhood, community or persons;
(2)
Keep, maintain, cause or permit to be kept or maintained any animal
making a chronic, continuous excessively loud or disturbing noise
that prevents the resident or residents of any property from enjoying
the full use of that property for any lawful purpose including but
not limited to sleep or rest;
(3)
Causing offense or danger to public health, safety, or welfare by
virtue of the number or types of animals and the method they are maintained;
(4)
Permit an animal to obstruct the reasonable and comfortable use of
property in any neighborhood or community by chasing vehicles, molesting
or biting passersby;
(5)
The maintenance of any animal in violation of any provision of this
chapter or any order of an Animal Control Officer or hearing officer
issued pursuant to this chapter; or
(6)
To keep or maintain any animal in violation of the Zoning Code of
the City.
(c)
If
the Animal Control Officer finds such animal nuisance to exist, a
written notice/abatement order shall be served upon the owner or custodian
of the animal(s) ordering that the animal nuisance shall be abated.
The owner or custodian of the animal(s) may contest the abatement
order in writing or in person within 10 days of receipt of the abatement
order by requesting a hearing on the allegations.
(d)
Upon a determination after a hearing held in accordance with the provisions of Section 6-1.4013 of this chapter, the Animal Control Officer shall have the authority to take whatever measures are specified in the determination to abate the animal nuisance including, but not limited to, impoundment and destruction of the nuisance animal.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a)
Upon receipt of a request for a hearing from the owner of an animal(s) referred to under an abatement order issued pursuant to Section 6-1.4012 the City Manager shall appoint a hearing officer, who may be an employee of the City. At the discretion of the City Manager, the services of a hearing officer from outside the City may be appointed.
(b)
The
hearing officer shall then schedule a hearing and serve notice of
the hearing, with at least 10 days prior notice, upon the owner of
the animal(s). The hearing notice shall be in writing and contain
the date, time and location of the hearing and be served upon the
owner of the animal(s), the complainants and to any other interested
parties who request such a notice. The notice shall be served by personal
delivery or by depositing a copy in the United States mail, addressed
to the person to be served. The notice shall also include a copy of
the original complaint, the original abatement order and a copy of
this section.
(c)
In
conducting the hearing, the hearing officer shall not be bound by
the strict rules of evidence as applied in judicial proceedings, however,
the hearing officer shall observe the substance of those rules to
insure that reasonably competent and reliable evidence is presented
upon which a decision can be based concerning the existence or nonexistence
of the animal nuisance. The hearing officer shall accept oral and
documentary evidence to issues in the animal nuisance abatement offered
by any interested person.
(d)
Within
10 days upon completion of the hearing, the hearing officer shall
make written findings upholding or dismissing the original abatement
order. The City shall promptly serve the owner of the animal(s) with
the findings of the hearing officer by personal delivery or by depositing
a copy in the United States mail. If the hearing officer determines
that the animal nuisance exists, the Animal Control Officer shall
issue an order setting forth what actions are reasonably necessary
in order to abate the public nuisance and shall require the affected
owner to take all steps required to comply with the order.
(e)
An
order issued by the Animal Control Officer pursuant to the findings
of the hearing officer shall be final and conclusive. The Animal Control
Officer shall take action regarding the failure of an animal owner
to comply with the post-hearing order, including, but not limited
to, forwarding the information to the city attorney for obtaining
a judicial order for the enforcement of the abatement order. In the
event that litigation is reasonably required to obtain compliance
with a post-hearing order, the owner who has failed to comply with
the order shall pay to the City all costs incurred, including, but
not limited to, reasonable attorneys' fees.
(§ 2, Ord. 1153, eff. May 19, 2017)
