This chapter shall be known as the "Animal Services and Regulation
Ordinance."
(Prior code § 7-112; Ord. 021-07 C.S. § 2)
A.
"Adoption group"
"Animal"
"Animal quarters"
"At large"
"Chipping"
"Community cat"
"Dog"
"Feral cat"
"Foster"
"Horse"
"Kennel"
"Litter permit"
"Owner"
"Person"
"Pet shop"
"Unlicensed dog"
"Wild animal"
For
the purpose of this chapter, unless it is plainly evident from the
context that a different meaning is intended, certain terms used herein
are defined as follows:
means an organized, licensed, insured, nonprofit organization
whose primary function is the adoption and placement of shelter animals.
means any mammal, poultry, bird, reptile, fish, or any other
dumb creature, including, but not limited to, horse, cow, goat, sheep,
pig, pigeon, chicken, goose, rabbit, dog, or cat. Animals are classified
by weight: large animal, over 50 pounds; medium animal, between 25
and 50 pounds; small animal, under 25 pounds.
means the premises and all buildings, hutches, pens, coops,
yards, and their appurtenances used for the keeping of animals, commercial
fur-bearing animals, poultry including pigeons, game and show birds,
fowl and birds, or any other kind not specifically mentioned, and
dogs and cats not kept in kennels and pet shops as herein defined;
including, but not limited to, stables, poultry farms, pigeon farms,
and rabbit farms.
means a dog off the premises of its owner and not under restrained
leash or chain.
means the injection of a microchip below the skin of an animal
by a veterinarian, registered veterinary technician, or other qualified
staff.
means any feral or free roaming cat that may or may not have
an owner.
means and includes female as well as male dogs. Dogs are
classified by weight: large dog, over 50 pounds; medium dog, between
25 and 50 pounds; and small dog, under 25 pounds.
means a nondomesticated cat or one which has reverted from
its domesticated state into an unstable condition being unsociable,
untamed, and living as a wild animal.
means a person who is willing to temporarily take and care
for an animal until the time that animal becomes suitable for adoption
as recognized by an adoption group and/or animal services management.
means and includes mule, burro, pony, jack hinny, or jenny.
means any person, firm, or corporation engaged in breeding,
buying, selling, distributing, or boarding dogs and/or cats.
means written authorization, issued annually by the Animal
Services Supervisor or designee, giving a lawful holder permission
to breed a dog or cat.
shall mean any person owning, having an interest in, or having
control, custody or possession of any animal. Any person keeping or
harboring a dog for 15 consecutive days shall be deemed an "owner"
of the dog. "Owner" does not mean governmental agencies, adoption
groups that are exempt from taxation under Internal Revenue Code Section
501(c)(3), humane societies or societies for the prevention of cruelty
to animals if such organizations are incorporated under State law,
nor licensed boarding, kennel, training or veterinarian services.
means and includes any person, partnership, corporation,
trust, and association of persons.
means any person, firm, or corporation operating an establishment
where live animals and/or birds are kept for sale, for hire, or sold.
as used in this chapter means a dog for which the license
for the current year has not been paid.
means any animal not ordinarily and customarily domesticated,
including, but not limited to, skunk, raccoon, opossum, squirrel,
or fox.
B.
Whenever
any reference is made to any portion of this chapter, such reference
applies to all amendments and additions thereto now or hereinafter
made. The present tense includes the past and future tenses and the
future, the present. Each gender includes the other two genders. The
singular number includes the plural and the plural, the singular.
C.
Whenever
a power is granted to, or a duty is imposed upon the Animal Services
Center, the power shall be exercised or the duty shall be performed
by the Animal Services Supervisor and/or the Animal Services Officer,
or by any person or organization, its officers, agents, and employees,
designated by contract or otherwise to enforce this title.
(Prior code § 7-113; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
A public Animal Services Center is hereby established in the
City at a place to be designated by the City Manager.
(Prior code § 7-114; Ord. 021-07 C.S. § 2)
There is hereby created the office of the Animal Services Supervisor,
who shall be appointed by the City Manager. The City Manager is hereby
authorized to employ assistants for the Animal Services Supervisor
as the need arises. The Animal Services Supervisor and his or her
assistants are hereby authorized and directed to enforce all the provisions
of this title. For such purpose, they shall have the powers of peace
officers. The compensation of the Animal Services Supervisor and assistants
shall be fixed by the City Manager and approved by the City Council.
(Prior code § 7-115; Ord. 021-07 C.S. § 2)
The Animal Services Supervisor shall report to and be supervised
in his or her work by the Chief of Police.
(Prior code § 7-115.1; Ord. 021-07 C.S. § 2)
It shall be the duty of the Animal Services Officers to take
up and impound, as hereinafter provided, any domestic animal, except
cats, or fowl that may be found running at large in or upon any street,
alley, or public place within the corporate limits of the City or
upon the private premises of any person, firm, or corporation other
than the person, firm, or corporation owning or having the custody
or control of said animal or fowl.
(Prior code § 7-115.2; Ord. 021-07 C.S. § 2)
If an emergency should arise during the hours of 5:00 p.m. to
8:00 a.m., the Police Department of the City shall, upon call, perform
the duties of the Animal Services.
(Prior code § 7-115.3; Ord. 021-07 C.S. § 2)
Any person or persons in any manner interfering with any officer
of the City in the discharge of the duties prescribed in this title
shall be deemed guilty of an infraction or a misdemeanor if so charged
by the City Attorney.
(Prior code § 7-115.4; Ord. 021-07 C.S. § 2)
A.
Except
as provided herein, the owner of each dog and the owner of each cat
four months old or older shall obtain a dog/cat license from the City
for the privilege of having and keeping such animal in the City. Each
license so issued shall expire on the expiration date of the anti-rabies
vaccination of the animal and the City shall issue a new license upon
the owner's paying all required fees and penalties (if applicable)
and the owner's complying with all conditions required for the City
to issue a new license. The City may issue a duplicate license upon
the owner's paying a fee. The City shall issue a metal tag plainly
inscribed with "Stockton Animal License" and bearing the license number.
The City shall enter in a register kept for that purpose and the name
and address of the owner (or the person to whom the license is issued),
a description of the dog or cat, and the number and date of the license.
If the owner presents a certificate from a licensed veterinarian that
shows the dog or cat has been sterilized, the license fee shall be
less than the regular fee. If the owner fails to renew the license
within 30 days of the license's expiration date, the owner shall pay
a penalty.
B.
A finding or determination made by the City Manager or designee or by a court that a dog is potentially dangerous or vicious as defined in Chapter 6.08 shall be included in the dog's license records. Further, all dogs found to be potentially dangerous or vicious pursuant to Chapter 6.08 shall wear at all times a distinctive tag issued by the City. An annual potentially dangerous or vicious dog fee as established by the City Council, in addition to the regular licensing fee, shall be charged the dog's owner.
(Prior code § 7-116; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
A.
As a
condition for the issuance of a dog or cat license, all applicants
for such license shall procure and deliver a certificate issued by
a duly-licensed veterinarian, certifying that each dog or cat to be
licensed has been administered an anti-rabies vaccination and has
had a microchip inserted prior to the issuance of said license for
the current license period.
B.
Currently,
licensed dogs or cats are exempt from the chipping procedure for up
to one year or the next licensing period, whichever is first, after
the adoption of the ordinance codified in this chapter.
(Prior code § 7-116.1; Ord. 021-07 C.S. § 2)
A.
It is
unlawful for any person to have, harbor, or keep, or to cause or permit
to be harbored or kept, any dog or cat (excluding any sterilized community
cat) in the City unless such dog or cat shall be registered and licensed
as provided in this chapter and has a collar or leather band attached
to which shall be a tag inscribed as required by this title; provided,
however, that such collar or leather band need not be attached while
such animal remains in the dwelling house of the owner or other person
having custody thereof or is in an enclosed yard adjacent thereto;
or such animal is a cat which contains a microchip identification
device.
B.
Every
dog or cat, under four months of age, shall be confined to the premises
of, or kept under physical restraint by, its owner or harborer. Nothing
in this chapter shall be construed to prevent the sale or transportation
of a dog or cat under four months of age.
(Prior code § 7-116.2; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
Except in the case of a Seeing Eye dog actually being used by
a blind person, a signal dog actually being used by a hearing impaired
person, or a service dog actually being used by a handicapped person,
or a police dog being used by any Federal, State, County, City, or
City and County law enforcement agency for any law enforcement purpose,
it is unlawful for any person owning or having in charge, care, control,
or custody of any dog, to cause, allow, or permit such dog, whether
licensed or unlicensed, on or upon any public street, alley, or other
public place, unless such dog be kept securely confined by a rope,
chain, or other leash, securely and continuously held by a competent
person, or to permit, whether willfully or through failure to exercise
due care or control, any such dogs to commit any nuisance on any property
other than the street gutters outside of pedestrian ways or on any
improved private property other than that of the owner or persons
having charge, care, control, or custody of such dog. For purposes
of this section, any dog confined within a vehicle shall be deemed
to be on the enclosed premises of the operator thereof, and any dog
securely tied or chained so as to be confined within any unenclosed
lot or premises shall be deemed to be on an enclosed lot or premises.
It is unlawful for any person owning or having in charge, care, control,
or custody any dog to suffer or permit any such dog to trespass on
private property. Nothing contained in this section shall prevent
a dog from being used without a leash to herd, guard, gather, or otherwise
work domestic animals or fowls in or upon a public place or unenclosed
lot or premises or from participating at obedience trials or dog shows.
(Prior code § 7-116.3; Ord. 021-07 C.S. § 2)
It is unlawful for any owner of any animal, excluding cats,
to allow or permit the same to run at large in the City, or to pasture
or herd or stake or tie the same for the purpose of grazing, in any
public street, lane, alley, court, or other public place or grounds
belonging to, or under the control of, the City, or upon any private
property within the City, unless with the consent of the owner or
occupant of such property.
(Prior code § 7-116.4; Ord. 021-07 C.S. § 2)
The licensing requirements of this chapter shall not apply to
any dog or cat that:
A.
Is less
than four months old and, as to a dog, is kept confined in or upon
the owner's premises;
B.
Is owned
by a non-resident of the City and the dog or cat has been regularly
licensed in accordance with the laws of the place of the dog's or
cat's owner and, as to a dog, has a collar or leather band attached
thereon on which there is a tag evidencing an unexpired license for
such dog in the place of the residence of the owner;
C.
Is owned
by or in the charge of a non-resident of the City who is either traveling
through the City or temporarily residing in the City for not more
than 30 days;
D.
Is brought
to the City exclusively for the purpose of entering the dog or cat
in a show or exhibition and is kept at the show or exhibition; or
E.
Is a
sterilized community cat.
(Prior code § 7-116.5; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
The provisions of this chapter requiring payment of dog license
fees shall not apply to a Seeing Eye dog actually being used by a
blind person, a signal dog actually being used by a hearing impaired
person, or a service dog actually being used by a handicapped person.
Said animal shall still be registered with Animal Services.
(Prior code § 7-116.6; Ord. 021-07 C.S. § 2)
It is unlawful and punishable as a misdemeanor for any person to attach to or keep upon, or to cause or permit to be attached to or kept upon, any dog or cat any tag provided for in Section 6.04.090 except a tag issued to him or her for such dog or cat under the provisions of this chapter, or to attach to or keep upon, or to cause or permit to be attached to or kept upon, any dog, or to make or to have in possession any counterfeit or imitation of any tag provided for in said Section 6.04.090 or to take from any dog or cat any collar or leather band or tag attached thereto, except as provided in Section 6.04.110.
(Prior code § 7-117; Ord. 021-07 C.S. § 2)
A.
The
owner or possessor of any animal may surrender the animal to the Animal
Services Center for the purpose of adoption, transfer out or euthanasia
and, subject to the owner's payment of the current service fee, the
Animal Services Center may accept such animal. Depending on the capacity
of the Shelter to accept additional animals such that accepting an
animal may threaten the Shelter's ability to maintain humane conditions
and attain positive outcomes for animals in the Shelter as well as
for the animal to be surrendered, the Animal Services Center may accept
the surrendered animal immediately or request that the owner surrender
the animal at a future date.
B.
When
the owner of an animal has surrendered it to the Animal Services Center,
the Animal Service Center may make the animal immediately available
for adoption or transfer.
C.
Once an owner of an animal has surrendered the animal to the Animal Services Center, the animal will be held for 72 hours from time of intake before the animal may be euthanized except as provided in Section 6.04.280(C) of this chapter.
D.
If the
animal has not been adopted, transferred or euthanized, the owner
who surrendered the animal may redeem the animal by paying the current
redemption fee.
(Prior code § 7-118; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
Except as provided by State Law:
A.
Each
female dog and each female cat sold and/or adopted out by the Animal
Services Center shall be sterilized; and
B.
Each
male dog and each male cat sold and/or adopted out by the Animal Services
Center shall be sterilized.
(Prior code § 7-118.1; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
Notwithstanding any other provision of this title, a guide dog
serving a blind master, Seeing Eye dog, a signal dog, serving a hearing
impaired person, or a service dog, serving a handicapped person shall
not be quarantined in the absence of evidence that the dog has been
exposed to rabies unless the dog's master fails to: (A) keep the dog
safely confined to the premises of the master; and (B) make the dog
available for examination at all reasonable times.
(Prior code § 7-119; Ord. 021-07 C.S. § 2)
Notwithstanding any other provision of this chapter, a dog used
by any Federal, State, County, City, or City and County law enforcement
agency shall not be quarantined after biting any person. The law enforcement
agency shall make the dog available for examination at any reasonable
time. The law enforcement agency shall notify the local health office
if the dog exhibits any abnormal behavior.
(Prior code § 7-119.1; Ord. 021-07 C.S. § 2)
A.
No person
shall cause or allow any female dog or cat owned, harbored, or kept
within the jurisdiction of the City to breed without first obtaining
a litter permit. A litter permit is written authorization, issued
annually by the Animal Services Supervisor or authorized designee,
giving its lawful holder permission to breed a dog or cat. The litter
permit shall be valid for one year from the date of issuance and may
be renewed annually prior to the expiration date. Each applicant for
a litter permit shall pay an annual fee as prescribed by the City
Council and set forth in the annual fee schedule. Under no circumstances
shall a litter permit be issued to a person who has been convicted
of animal cruelty or neglect.
B.
The
Animal Services Supervisor shall establish procedures for and administer
a Litter Permit Program to allow the responsible breeding of unaltered
dogs and cats. In addition to the procedures set forth by the Animal
Services Supervisor, litter permit holders shall be subject to the
following terms and conditions:
1.
Any
litter permit holder who advertises to the public the availability
of any dog or cat for sale, adoption, or transfer, whether for compensation
or otherwise, must prominently display the litter permit number in
any such advertisement. Further, the litter permit holder must provide
the permit number to any person who purchases, adopts, or receives
any animal from the permit holder and include the permit number on
any receipt of sale or transfer document.
2.
Litter
permits will not be issued for animals under 12 months of age or over
seven years of age.
3.
Any
person or commercial establishments selling locally bred dogs or cats
(with the exception of government agencies; nonprofit animal rescue
organizations exempt from taxation under Internal Revenue Code Section
501(c)(3); or humane societies or societies for the prevention of
cruelty to animals if such societies are incorporated under the provisions
of California Corporations Code Section 10400 and the Non-profit Public
Benefit Corporation Law in Part 2 of the California Corporations Code,
beginning at Section 5110) shall prominently display the litter permit
number(s) of the breeder(s) whose dogs and cats are sold in said establishments
and any other pertinent information required by the Animal Services
Supervisor or designee; commercial establishments selling dogs and
cats which were not bred within the City shall prominently display
the name and address of the breeder(s) of such dogs and cats and any
other pertinent information required by the Animal Services Supervisor.
4.
Any
litter permit holder selling or otherwise transferring a dog or cat,
whether for compensation or otherwise, shall maintain records for
a period of three years containing the name, address, and telephone
number of the animal's new owner on a form approved by the Animal
Services Supervisor.
5.
Any
litter permit holder or commercial establishment, which sells or otherwise
transfers a dog or cat, whether for compensation or otherwise, shall
provide to the new animal owner written information regarding the
license and permit requirements of the City applicable to such animal;
and any litter permit holder shall have his or her litter-puppy(ies)/kitten(s)
microchipped or have some other form of identification acceptable
to the Animal Services Supervisor and shall register the puppy(ies)/kitten(s)
with the City.
6.
No
person shall give away any dog or cat as an inducement to enter a
place of business or to enter into a business arrangement or as inducement
to enter any contest, lottery, drawing, game, or competition.
7.
Any
owner of an unaltered dog or cat that meets all of the following criteria
for each unaltered dog or cat shall be exempt from litter permit provisions
and annually pay a reduced unaltered license fee upon a showing to
the Animal Services Supervisor or designee that the owner meets the
following criteria:
a.
Registers and participates the pet in two American Kennel Club, United
Kennel Club, International Cat Association, or the Cat Fanciers Association
sanctioned events per year or each dog or cat has achieved a title
and provides written documentation of the above to the County/City
Animal Services; and
b.
Be a member of a breed club or organization where the pet is used
for showing, training, agility trials, or tracking tests and provides
written documentation to the County/City animal services of such membership
and participation.
(Prior code § 7-120; Ord. 021-07 C.S. § 2)
A.
Any
dog or cat owner found by the Animal Services Supervisor to be in
violation of the litter permit provisions of this chapter may correct
the violations by obtaining the necessary permit(s), no later than
30 days from the date when the owner was first notified of the violation.
Should the owner fail to correct the violations in the manner described
above, the Animal Services shall impose a $250.00 fine for the first
occurrence, $500.00 for the second occurrence and a misdemeanor charge
for each subsequent occurrence on the pet owner. Notice of this penalty
shall not be waived upon the transfer or abandonment of the dog or
cat by the noncompliant owner. This penalty shall be imposed in addition
to any other applicable civil or criminal penalties.
B.
If the
penalty above is not paid and the owner does not spay or neuter his
or her dog(s) or cat(s), or obtain the litter permit(s) within 15
days from the date when the Animal Services first notified the owner
of the imposition of a penalty, the continuing violation of the litter
permit requirement of this chapter becomes an additional infraction
and may be prosecuted as such.
C.
Any
litter permit may be revoked and the animal required to be spayed
or neutered if the Animal Services Supervisor or designee has reasonable
cause to believe any of the following to be true:
1.
The
permittee has violated any City municipal codes relating to the keeping,
care or use of any animal;
2.
The
permittee is in violation of any State health or safety law or regulation
regarding animal care or control;
3.
The
permittee has failed to comply with any condition or requirement of
the permit or has failed to pay any fee imposed under this code;
4.
The
permittee refused to allow inspection, upon 48 hours written notice,
of any animal covered by the permit or premises on which the animal
is kept; or
5.
The
permittee has transferred, sold, adopted or otherwise disposed of
the animal for which the permit was originally issued.
D.
If,
after inspection, the Animal Services Supervisor or his/her designee
concludes that it is probable that one or more of the above grounds
for revocation has occurred, it shall cause written notice thereof
to be transmitted by certified mail to the address of the litter permittee.
Said notice shall specify the grounds of revocation of the litter
permit.
E.
The litter permittee may appeal the decision of the Animal Services Supervisor or designee by submitting a request for an administrative hearing form and paying the appeal fee within 10 days of the certified mailing date of the notice. The procedures for the administrative hearing are set forth in Chapter 1.44 of the Stockton Municipal Code.
(Prior code § 7-120.1; Ord. 021-07 C.S. § 2)
Notwithstanding the provisions of Section 6.04.150 herein, whenever in the judgment of the City Council of the City, upon the recommendation of the San Joaquin County Health Officer and the City Manager of said City, shall determine and declare that any disease epidemic exists within the City by reason of rabies, or for any other disease or cause, or reason, and that it is necessary to protect and preserve the public health and safety, the Council of the City shall by resolution declare and determine the existence of an epidemic of such disease, and thereupon it shall be the duty of the Chief of Police of the City when so directed by the City Manager, and until such time as it may be determined by said Council that such disease epidemic no longer exists, to immediately destroy or cause to be destroyed, in the event such epidemic is one of rabies, any dog or dogs which may have bitten any person or persons, dog or dogs, or other animal or animals, or which in the judgment of the Health Officer is suffering from the disease of rabies, and to immediately destroy, or cause to be immediately destroyed, the dog or dogs, and such other animal or animals, during the existence of such epidemic, which are declared to be an imminent menace to the public health and safety. During the continuance of such epidemic any person or persons owning any dog or dogs within the City shall keep such dog muzzled at all times while it is at large, and any dog or dogs unmuzzled and running at large upon any of the public streets, lane, alleys, or other public place of the City during the epidemic shall be impounded and destroyed whether or not such dog or dogs be suffering from rabies. Any member of the Police Department is authorized to enforce the provisions thereof.
(Prior code § 7-121; Ord. 021-07 C.S. § 2)
It is unlawful for any persons to establish or maintain any
institution or place where more than three dogs/cats are kept for
sale, raising, harboring or boarding within the City limits without
first obtaining a permit to conduct a dog kennel or a permit to conduct
a cattery. Such permit shall be issued only where permitted in a particular
district as provided in the Zoning Code of the City, as set forth
in Title 16 hereof, and on approval of the Health Officer of the San
Joaquin Local Health District. Such permit shall not be issued until
a notice has been posted by said Health Officer, in a conspicuous
place on the premises for 10 days, during which time any person owning
or living on property within 200 feet of the property on which said
kennel/cattery is proposed to be constructed or located, may file
a protest with the Health Officer and upon receipt of such protest,
the Health Officer shall refuse to approve the application. The Health
Officer may prescribe which of the aforesaid activities mentioned
may be allowed for which the permit to conduct a dog kennel/cattery
is granted.
(Prior code § 7-122; Ord. 021-07 C.S. § 2)
The Animal Services Center may take into custody and impound any animal that is found at large or otherwise contrary to Section 6.04.120 if the Animal Services Center reasonably believes that such impoundment is necessary to protect: (1) the public health, safety and welfare; (2) public or private property; (3) an animal that is sick or injured for which care is necessary; or (4) from imminent injury or danger an animal that has strayed onto a public right-of-way or other public property.
(Prior code § 7-123; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
The owner of any animal impounded under this chapter shall have
the right to reclaim the same at any time prior to its sale or destruction,
upon payment of the redemption fee and payment of the costs and charges
of the City for impounding and keeping such animal, or, if such impounded
animal has been sold, the owner shall have the right to payment of
the proceeds of such sale less the fee, costs and charges as aforesaid,
provided claim therefor is made and proof of ownership established
within 30 days after such sale.
(Prior code § 7-123.1; Ord. 021-07 C.S. § 2)
Any animal described in Section 6.04.250, which is not redeemed by the owner or possessor thereof within the time provided, and any animal which has been surrendered to Animal Services pursuant to Section 6.04.250, shall be placed for adoption for the sum or amount as may be the current purchase fee, unless such animal is dangerous or unfit by reason of age, disease or other infirmity, in which case it may be destroyed, and if so, shall be destroyed in a humane manner.
(Prior code § 7-123.2; Ord. 021-07 C.S. § 2)
A.
Except as provided in subsections B, C, and D below, the Animal Services Center shall not adopt or transfer out or euthanize a dog or cat until the State mandated holding period, under Food and Agricultural Code, Sections 31754, 31752 and 31108, as those sections may be amended, from the time of impoundment has elapsed.
B.
The
Animal Services Center shall not euthanize any impounded dog or cat
until 120 hours has elapsed from the time of impoundment.
C.
The Animal Services Center may euthanize a dog or cat if the animal is irremediably suffering from a serious illness or severe injury, the impounded animal is newborn that needs maternal care and its mother has not been impounded with the newborn, or an order has relinquished a dog to the Animal Services Center for immediate euthanasia and the dog has been designated a vicious dog under Chapter 6.08 of this code.
D.
The
Animal Services Center may make any owner surrendered animal available
immediately for adoption or transfer.
E.
The
holding period provided in this section shall be considered a minimum
holding period. To permit the public as much time as possible to retrieve
or adopt animals, the Animal Services Center shall extend the holding
period for individual animals to the extent that kennel space is available
and the overall health and safety of the animals in the Shelter are
not affected negatively.
(Prior code § 7-123.3; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
A.
Any dog or cat the Animal Services Center impounds that is not licensed under Section 6.04.090 of this chapter must be vaccinated and licensed, in addition to any other applicable requirements under this chapter, prior to the animal's release unless exempt therefrom under Section 6.04.140 of this chapter. The owner shall pay for such services and license unless the City Council, by resolution, has waived generally payment for such services and/or licenses.
B.
If an
owner has previously been determined, through an administrative process
or otherwise, to have violated any provisions of this chapter, any
dog or cat of the owner that the Animal Services Center thereafter
impounds must be sterilized prior to the animal's release. The animal
owner shall pay for such services unless the City Council, by resolution,
has waived generally payment for such services.
(Prior code § 7-123.4; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
All impounded animals are to be provided with sufficient food
and water suitable for such animals.
(Prior code § 7-123.5; Ord. 021-07 C.S. § 2)
It shall be the duty of all persons having dead animals upon
premises, or who shall be the owners or possessors of any dead animal
which died within the City, to bury the same under at least four feet
packed earth cover, except cats, dogs, or fowl and birds, which shall
be buried under at least three feet of packed earth cover, either
upon the premises of the owner or upon the premises where such animal
is found, or in other approved burial places for dead animals, or
to have such dead animal cremated within 48 hours after the death
of said animal. If any person fails or neglects to bury any dead animal
as provided for in this section, then in such case it will be the
duty of the Animal Services Center to proceed forthwith to bury or
cremate same, and any such person so refusing or neglecting to bury
or cause to be buried any such dead animal as herein provided shall
be deemed guilty of an infraction. The owner or possessor of any dead
animal may submit said dead animal to the Animal Services Center for
disposal, and the Animal Services Center shall destroy such animal.
No person having a dead animal shall bury said animal without the
permission of the landowner.
(Prior code § 7-124; Ord. 021-07 C.S. § 2)
Every person taking up any animal subject to impoundment under
this chapter shall within 12 hours after taking up such animal or,
if the animal was attached to or in a vehicle, within four hours,
give notice thereof to the Animal Services Center. The Animal Services
Center may thereupon demand that such person deliver such animal to
the Animal Services Center and if the Animal Services Center makes
such demand, the person must relinquish forthwith the animal to the
Animal Services Center.
(Prior code § 7-125; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
No person shall establish or operate a pet shop, kennel, or
animal hospital without first obtaining a permit thereof from the
City Manager authorizing him or her to do so. It is unlawful for any
person in the City to keep any animal in any animal quarters, kennel,
animal hospital, or yard which is not at all times kept reasonably
clean and sanitary to the satisfaction of the County Health Officer
and/or Animal Services Officer. No person shall maintain any such
lot or other premises, or portion thereof upon which any animal is
kept, in such condition as to cause the same to be infested with flies
or insects or to create any noxious or offensive odors. All animals
are to be provided food, water, and shelter from the sun and rain
at all times.
(Prior code § 7-126; Ord. 021-07 C.S. § 2)
A.
It is
unlawful in the City for the owner or person having charge or control
of any dog to permit such dog to defecate and to allow the feces to
remain upon any public street, sidewalk, pathway, park, pedestrian
way, or any public facility; on any school grounds; or on any private
property not owned or possessed by the owner or person having the
charge or control of such dog unless the person shall immediately
and securely enclose all feces deposited by the animal in a bag, wrapper,
or other container and dispose of it in a sanitary manner. A person
will be considered to have disposed of feces in a sanitary manner
if such person places such material in a bag or wrapper made of paper,
plastic or some similar material and places it in a refuse container
which is regularly emptied by a refuse collector, or otherwise disposes
of such material on their own property.
B.
Any
person who has the charge and control of a dog on any public street,
sidewalk, pathway, park, pedestrian way, or any public facility; on
any school ground, or on any private property owned or possessed by
the owner or person having the charge or control of such dog shall
at all times maintain in his or her possession sufficient suitable
wrappers, bags, or container for the purpose of complying with the
requirements of this section. The failure of such person to carry
such wrappers, bags, or containers when in charge or control of a
dog on any public street, sidewalk, pathway, park, pedestrian way,
or any public facility; on any school grounds; or on any private property
not owned or possessed by the owner or person having the charge or
control of such dog shall constitute a violation of this section.
C.
A sightless
person who has the charge or control of a guide dog (or a police dog
in the performance of law enforcement duties) shall be exempt from
the provisions of the section.
(Prior code § 7-126.1; Ord. 021-07 C.S. § 2)
A.
It is
unlawful and shall constitute a public nuisance for any person to
keep within the limits of the City any animal which unreasonably disturbs
the peace and comfort of the inhabitants of the neighborhood in which
such animal is kept, or interferes with any person in the reasonable
and comfortable enjoyment of life or property, or creates a significant
risk of injury to life or property.
B.
Every
person who maintains, permits or allows an animal nuisance to exist
upon his or her property or premises, and every person legally occupying
the property or premises of another who maintains, permits or allows
an animal nuisance to exist thereon, after reasonable notice in writing
from the Animal Services Supervisor or designee to remove, discontinue
or abate the animal nuisance shall be in violation of this section.
In addition to any other remedies available under the Stockton Municipal
Code a violation of this section will result in the issuance of an
administrative citation, fines, penalties, and/or an administrative
injunction order to abate the nuisance.
(Prior code § 7-127; Ord. 021-07 C.S. § 2)
A.
It is
unlawful for any person to willfully abandon any animal in the City.
B.
A violation
of the provisions of this section is punishable as follows:
1.
A
first violation of the provisions of this section shall be an infraction,
punishable by a fine of not more than $100.00; and
2.
A
second or subsequent violation of the same provisions of this section
committed within one year of the previous violation shall be a misdemeanor,
punishable by a fine of not more than $1,000.00, or by imprisonment
in the County Jail for a period not exceeding six months, or by both
such fine and imprisonment.
(Ord. 2023-07-11-1502 C.S. § 1)
The Chief of Police shall have the power to adopt rules and
regulations for the purpose of implementing and enforcing the provisions
of this chapter.
(Prior code § 7-128; Ord. 021-07 C.S. § 2)
A.
In addition
to any other enforcement provided in the Stockton Municipal Code,
pursuant to California Penal Code Section 836.5, members of the Stockton
Police Department, the Animal Services Supervisor and the Animal Services
Officers and any San Joaquin County Health Officer of the County are
authorized to enforce this chapter and arrest violators thereof.
B.
In addition to any other remedy provided under the Stockton Municipal Code any person violating any provisions of this chapter or applicable State codes may be issued an administrative citation to the responsible person in the manner prescribed herein and in accordance with Stockton Municipal Code Section 1.32.050. The administrative citation shall be issued on a form approved by the Chief of Police or designee. If the responsible person is unknown, said responsible person shall be presumed to be the legal owner and/or resident of the property or premises.
C.
Method
of Service.
1.
Signature.
Once the responsible person is located, the citing officer shall attempt
to obtain the signature of that person on the administrative citation.
However, if the responsible person refuses or fails to sign the administrative
citation, it shall not affect the validity of the citation and subsequent
proceedings.
2.
If the citing officer is unable to locate the responsible person, then the administrative citation shall be mailed to the responsible person in the manner prescribed in Stockton Municipal Code Section 1.04.080.
3.
Posting. If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person in the manner prescribed by Stockton Municipal Code Section 1.04.080.
4.
A copy of the administrative citation shall thereafter be mailed to the responsible person and to the owner of the property, if different from the responsible person, in the manner prescribed by Stockton Municipal Code Section 1.04.080. The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this chapter.
D.
Contents
of Administrative Citation. Any administrative citation that is issued
shall contain all of the following information:
1.
The
date and location of the violation(s) and the approximate time the
violations were observed;
2.
The
code section(s) violated and a brief description of how the section(s)
were/are violated;
3.
Where
appropriate, the action required to correct the violations;
4.
Set
forth a deadline by which the violations must be corrected and the
consequences of failing to comply;
5.
The
amount of fine imposed for the violations, if any;
6.
An
explanation as to how the fine shall be paid and the time period by
which it shall be paid, and the consequences of failure to pay the
fine;
7.
Identify
all rights and procedures of appeal; and
8.
Signature
of the citing officer and the officer's employment number where applicable.
(Prior code § 7-128.1; Ord. 021-07 C.S. § 2)
It is unlawful for any person to keep on any one premises more
than three dogs if said dogs are more than four months old.
(Prior code § 7-129; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
It is unlawful for any person to keep on any one premises more
than three cats (excluding community cats) if such cats are more than
four months old.
(Prior code § 7-129.1; Ord. 021-07 C.S. § 2; Ord. 2014-10-07-1601 C.S. § 1)
B.
The
restrictions set forth herein shall not apply to any property where
such activity is permitted by any other provision of the Stockton
Municipal Code or Stockton Development Code and for which all necessary
land use permits have been issued or where no use permits are required
because the activity qualifies as a legal nonconforming use, as defined
in the Stockton Municipal Code.
(Prior code § 7-130; Ord. 021-07 C.S. § 2)
It is unlawful for any person, firm, or corporation to keep
any domestic or wild animal (excluding dogs, cats and other household
pets), reptile, apiary, or fowl, within the City except where permitted
within a particular zone or district as provided in the Development
Code of the City.
(Prior code § 7-131; Ord. 021-07 C.S. § 2)
It is unlawful for any person, firm, or corporation owning or having possession of any domestic or wild animal (excluding dogs and cats), reptile, cattle, horse, mule, goat, sheep, swine, or any fowl to permit the same to run or go upon the public or private premises of any other person, firm, or corporation; or upon any park or public street or highway within the City except where permitted within a particular zone or district as provided in Table 2.2 of Section 16.20.020 of the Development Code of the City.
(Prior code § 7-131.1; Ord. 021-07 C.S. § 2; Ord. 2020-09-15-1501 C.S. § 3)
It is unlawful for any person, firm or corporation to keep in
any sty, pen, or other enclosure or to have in his, her, their, or
its possession within the corporate limits of the City any live hog
or hogs, shoat or shoats, pig or pigs, or any rooster or roosters,
or cockerel or cockerels.
(Prior code § 7-131.2; Ord. 021-07 C.S. § 2)
It is not unlawful under the provisions hereof to transport
or carry through the City any domestic or wild animal, reptile, bees,
or fowl.
(Prior code § 7-131.3; Ord. 021-07 C.S. § 2)
Any domestic or wild animal, reptile, bees or fowl being transported
or carried through the City shall not remain within the limits of
the City for a longer period of time than 24 hours from the time of
entry thereof into the City.
(Prior code § 7-131.4; Ord. 021-07 C.S. § 2)
It is unlawful for any person to keep or maintain or cause to be kept or maintained within the City a wild animal, as defined in Stockton Municipal Code Section 6.04.020, except as provided in Stockton Municipal Code Section 6.04.480.
(Prior code § 7-131.5; Ord. 021-07 C.S. § 2)
The provisions of this chapter shall not prohibit the keeping
or maintaining of the following wild animals within the City:
A.
Wild
animals in licensed zoos, local/State licensed educational facility,
and museums; any wild animals which are kept confined in a zoo, museum
or other place where they are kept as live specimens for the public
view.
B.
Wild
animals in circuses, carnivals, exhibitions, and shows; any wild animals
which are kept confined and placed on exhibit as part of a permitted
circus, carnival, or other type of public exhibition or show.
(Prior code § 7-131.6; Ord. 021-07 C.S. § 2)
In addition to any other penalties authorized by law, violations
of this chapter may be charged as either an infraction or a misdemeanor.
(Prior code § 7-132; Ord. 021-07 C.S. § 2)
