"Cat"
means a feline more than four months of age.
"Dog"
means a canine more than four months of age.
"Kennel"
means any lot, building, structure, enclosure or premises wherein four or more dogs or four or more cats are kept, whether for commercial, noncommercial or veterinary purposes, including places where dogs or cats are boarded, kept for sale or kept for hire.
"Service animal"
means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
(Prior code § 4.8; 14-07)
A. 
Every person owning or having custody or control of any dog over the age of four months shall pay an annual license fee for each dog.
B. 
Every person applying for a dog license, whether to the contracting shelter service of the City or to the City Clerk, must exhibit a certificate issued by a person licensed by this state, or any other state or nation, to practice veterinary medicine, which certificate shall show that dog for which the license shall be issued has been vaccinated in accordance with the provisions of Section 6.16.010. A kennel license may be issued (See Section 6.12.250); provided, however, no dog may be sold or removed from such kennel without complying with the provisions of this title relating to vaccination, contained in Section 6.16.010.
(Prior code § 4.14; 98-03)
A. 
A service dog, also known as a service animal, owned by a person with a disability or a dog owned by a law enforcement agency as a police service dog shall be exempt from the license fee requirements of this title; provided, that the animal license collector is shown some proof that such dog has been vaccinated as required by this title.
B. 
A police service dog is exempt from the license fee requirements and leashing requirements of this chapter when engaged in law enforcement related operations.
(14-07)
The animal license collector shall be responsible for collecting dog licenses, permit fees, redemption fees, disposal fees and proceeds from the sale of dogs or cats, if any. An appropriate receipt shall be given to all persons paying the license fees required by this chapter.
(Prior code § 4.13)
The animal license collector shall be responsible to the City Manager.
(Prior code § 4.12)
The City Council may by resolution determine, fix and establish fees or charges to be paid for licensing dogs.
(Prior code § 4.16; 75-12)
An initial license shall be purchased for a dog by its owner within thirty days after the dog reaches four months of age, or within thirty days after the dog is brought into the City, whichever is later. A one-year license shall expire twelve months after issuance. A two-year license shall expire twenty-four months after issuance.
(Prior code § 4.17; 83-6; 84-18)
Dog licenses shall be renewed by the dog's owner within thirty days after expiration of the previous license. One-year renewal licenses shall expire twelve months after the expiration date of the previous license. Two-year renewal licenses shall expire twenty-four months after the expiration date of the previous license.
(83-6; 84-18)
If timely purchase of an initial dog license is not made, or if a renewal license is not purchased within thirty days after the expiration of the previous license, a penalty fee shall be due before the issuance of a new license. The amount of the penalty shall be determined by a resolution of the City Council.
(Prior code § 4.18; 76-9; 81-16; 83-6)
Upon the payment of a fee for a dog license, the animal license collector shall issue a consecutively numbered tag, which bears the date of expiration and the words "City of Claremont."
(Prior code § 4.19)
The animal license collector shall keep a register of each dog tag issued with the name and address of the owner, a description of the dog and the date of issuance.
(Prior code § 4.20)
The tag issued by the animal license collector for an individual dog shall be securely affixed to a collar, harness or other device which shall be worn by such dog at all times, except when such dog remains indoors or in an enclosed yard or pen.
(Prior code § 4.21)
The animal license collector may issue a duplicate or new license tag in the event the original license tag is lost or destroyed, upon payment therefor of the sum of one dollar.
(Prior code § 4.22)
It is unlawful for any person to attach to or keep on, or cause or permit to be attached or kept upon any dog, any counterfeit or imitation tag except that tag issued under the provisions of this chapter.
(Prior code § 4.23)
No unauthorized person shall remove from any dog, any tag, collar, harness or other device to which is attached a dog tag for the current year.
(Prior code § 4.24)
A person, upon whom any demand is made under authority of this chapter for the exhibition of any license or tag, shall exhibit such tag to the authority.
(Prior code § 4.25)
Owners of cats may license their cats on a voluntary basis by paying an annual license fee of three dollars. The animal license collector shall then issue a numbered license tag to the owners. This section is designed to provide the cat owner with a means of registering his or her cat in the event that the cat is lost or stolen, so that a return of the cat to the owner is made easier. This section is not intended nor shall it be construed to mean the requiring of licenses for cats.
(Prior code § 4.26)
To ensure the humane and reasonable treatment of dogs it is unlawful for any person owning a dog or having custody of a dog to fail to observe the following rules concerning the management and care of such animal:
A. 
All dogs shall be supplied with sufficient good and wholesome food and water as the feeding habits of such dog require;
B. 
Proper shelter and protection from the weather shall be provided for dogs at all times and they shall not be exposed to excessive heat or cold. The quarters in which dogs are kept must be clean, and adequately ventilated and draft-free, with the proper temperature maintained for dogs;
C. 
Dogs not within entirely closed shelter between 10:00 p.m. and 7:00 a.m. may be impounded by the humane society officer or police officer who may enter private property for such purpose if such dog is reported to be a nuisance by a neighbor and the occupant of the premises is either not in attendance on the property or who, after being given notice by the humane society officer or police officer, does not immediately put the dog in an entirely closed shelter. Dogs so impounded by the humane society may be returned to the owner upon payment of the boarding costs of such dog during the time it was impounded. If the dog is so impounded, notice thereof will be given by mail within twenty-four hours to the address the dog was taken of such impounding, and notice shall be posted in a conspicuous place on the premises in the absence of the owner;
D. 
Dogs shall not be without attention for a period of time in excess of eighteen consecutive hours;
E. 
Every reasonable precaution shall be used to insure that dogs are not teased or abused, mistreated, annoyed, tormented or made to suffer;
F. 
Humane society officers are authorized by other provisions of this chapter to enter private property for the purpose of investigating and enforcing all provisions of this chapter.
(Prior code § 4.50)
A. 
Dogs—Leashing Requirements. No person owning or having charge, care, custody or control of any dog shall cause, permit or allow the same to be at large or to run upon any highway, street, lane, alley or other public place or upon any private property or premises other than those of the person owning or having charge, care, custody or control in the City, unless such dog is controlled by a harness, leash, or other tether and is in the charge, care, custody or control of a competent person. Provided, dogs may be off-leash in designated off-leash areas in a City park or other designated public areas.
B. 
Service Animals—Leashing Requirements. A service animal, as defined in this chapter, shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).
C. 
Police Service Dogs—Exemption. A police service dog is exempt from the leashing requirements of this chapter when engaged in law enforcement activities.
(14-07)
A dog which barks in a substantially continuous manner in the daytime or nighttime to the annoyance of people in the neighborhood is declared to be a nuisance which may be abated by the procedures provided in this chapter.
(Prior code § 4.10)
Declarations under penalty of perjury must be filed with the sheltermaster by two declarants living in separate households. Both declarations shall be filed within the same 60 day period and shall state in detail all of the following:
A. 
That the declarant is a resident of a residential neighborhood located within 200 yards of the boundaries of the premises where the dog is located;
B. 
Within the past month the declarant has heard the dog bark for a substantially long period to the extreme annoyance of the declarant; and
C. 
That the declarant has mailed a copy of the declaration, by certified mail, to the owner of the dog.
(98-03)
Upon receipt of two such declarations, the City's sheltermaster shall assign an officer to investigate the complaint. The officer shall personally interview both complainants and the dog owner. The officer shall determine if the declarations have merit. If they do have merit, the officer shall instruct the dog owner to abate the nuisance created by the barking dog.
(Prior code § 4.10-2; 98-03)
A. 
If any further complaint in the form of a declaration satisfying the requirements of Section 6.12.200 is received by the sheltermaster concerning the same dog, within a six month period from the date of the last initial declaration, the sheltermaster may take action by notifying the dog owner or the person having custody of the dog by first class mail that an administrative hearing is to be held at least 10 days from the date the notice is sent, concerning the nuisance created by the dog.
B. 
At the time and place of the hearing, each complaining witness and the sheltermaster officer or designee must be present. If any of these parties are not present, the hearing may be continued to a time and place convenient to the hearing officer and those present. If the complaining parties who filed written complaints and the sheltermaster or his or her designee are not present on the continued date, all proceedings shall terminate.
C. 
The hearing officer shall hear all facts and testimony which he or she deems pertinent. Such facts and testimony may include all evidence relevant to the nature of the complaint. The hearing officer shall not be limited by the technical rules of evidence. The owner of the dog, or the person having custody of the dog, may present a written statement in time for consideration at the hearing, and deny responsibility, with reasons for such denial. In the case of a barking dog, such reasons for denial might include barking to protect the residence on the property from trespassers, other animals on the property, or that the barking is in response to sirens or other unusual noises.
D. 
The hearing officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the purposes of this chapter. For example, in the case of a barking dog, the hearing officer may give the dog owner or the person having custody of the dog, more time to control the dog's barking, if it is the officer's opinion that the circumstances so justify. At the conclusion of the hearing, the hearing officer may find that the dog constitutes a public nuisance and can order that the nuisance be abated by among other things removing the dog from the dog owner's property and/or disposing of the dog as provided in this chapter and state law. The hearing officer's order shall state the costs assessed against the dog owner or the person controlling the dog, and determine the administrative costs and costs of removal to be charged against the owner of the dog or person who has custody of the dog.
E. 
The hearing officer's order shall inform the dog owner or the person in control of the dog of their right to appeal the order in accordance with Section 6.12.230. The decision of the hearing officer shall become final after written notice thereof is mailed to the owner of the dog or the person having custody of the dog, unless an appeal to the appellate hearing officer is filed.
(Prior code § 4.10-3; 98-03; 21-06)
A. 
The dog owner or person having custody of the dog, may appeal the final order of the hearing officer finding and ordering the abatement of the public nuisance created by the dog to an appellate hearing officer appointed by the Chief of Police. Said appeal must be in writing and must be filed with the appellate hearing officer no later than 14 days from the date of the original hearing officer's order. After 14 days of the original hearing officer's order, the order is deemed final and may no longer be appealed.
B. 
All written appeals shall be filed in triplicate with the City Clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed by the original hearing officer in issuing the order finding and ordering the abatement of the public nuisance.
C. 
The appeal must contain:
1. 
A specific identification of the dog and the owner's subject property on which the dog resides;
2. 
The names and addresses of all appellants;
3. 
A statement of appellant's legal interest in the dog;
4. 
A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
5. 
The date and signatures of all appellants; and
6. 
The verification of at least one appellant as to the truth of the matters stated in the appeal.
D. 
The City Clerk shall then transmit one copy each of the written appeal to the City Manager, sheltermaster and the Chief of Police.
E. 
No later than 21 days from the date of the City Clerk's receipt of the written appeal, he/she shall obtain from the sheltermaster and transmit to the City Council the records of all hearings and copies of all papers submitted, and orders given. The sheltermaster shall also submit a written report, stating the factual and legal basis upon which the original hearing officer reached his/her decision.
F. 
Within 45 days from the date of the City Clerk's receipt of the written appeal, the appellate hearing officer shall notify the dog owner or the person having custody of the dog by first class mail that an administrative appeal hearing is to be held at least 10 days from the date the notice is sent, concerning the nuisance created by the dog.
G. 
At the time and place of the appellate hearing, each appellant and the sheltermaster officer or designee must be present. If any of these parties are not present, the hearing may be continued to a time and place convenient to the appellate hearing officer and those present, or the appellate hearing officer may arrange, pursuant to his or her sole discretion, to hear from the various parties at different times. The dog owner or the person having custody of the dog shall have the right to be present at any such hearing, to ask questions of any party submitting oral testimony to the appellate hearing officer, and to present any relevant oral testimony to the appellate hearing officer. If the appellant(s) fail to appear on the continued hearing date, the appellate hearing officer shall determine that the orders of the original hearing officer shall stand and shall be final.
H. 
The appellate hearing officer shall hear all facts and testimony which he or she deems pertinent. Such facts and testimony may include all evidence relevant to the nature of the complaint. The hearing officer shall not be limited by the technical rules of evidence. The owner of the dog, or the person having custody of the dog, may not present any written statement other than the written appeal.
I. 
After hearing all facts and testimony which he or she deems pertinent and reviewing the entire record, the sheltermaster's report, and appellant's written appeal, the appellate hearing officer shall issue a resolution affirming, reversing, or modifying, in whole or in part, either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Such resolution shall be served within 10 days of the date of the hearing upon the owners, or other appellants, and shall inform the appellants of their right to file a judicial action to appeal said decision within 30 days. The decision of the appellate hearing officer shall be final.
J. 
On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed from shall be stayed until the final determination by the appellate hearing officer of the appeal, unless the Chief of Police finds, in accordance with this chapter and state law, that the dog constitutes an immediate threat to the health, safety or welfare of persons or property and must be abated immediately.
(Prior code § 4.10-4; 98-03; 21-06)
Nothing in this chapter shall prevent the appellate hearing officer from ordering the City Attorney or requesting that the district attorney commence a civil or criminal proceeding to enforce the provisions of this chapter.
(93-08)
The dog shall be kept by the humane society for at least 10 days after notice of the decision is given by first class mail to the owner that the dog has been declared a nuisance. The owner shall be notified of such time period the dog will be held to allow the owner the opportunity to obtain judicial remedy if desired. If no court order is issued after such period preventing it, the humane society shall make every effort to place such dog for adoption in a rural area where it will not be a disturbance to any surrounding neighborhood.
(Prior code § 4.10-5; 21-06)
If a dog is determined to be a public nuisance, the dog owner or the person having custody of the dog, will be charged with the administrative costs of the hearing and any costs of the abatement of the nuisance which may include the removal of the dog pursuant to this chapter. If the costs and charges stated herein are not paid within 30 days after the date of the order, or the final disposition of an appeal therefrom:
A. 
Such costs shall be assessed against the parcel of land where the dog is/was kept, pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other City taxes; or
B. 
If the dog's owner, or the person in whose custody the dog is, is not the owner of the parcel of land on which the dog was kept, such costs and charges may be collected from the dog owner, or the person having custody of the dog is, in a civil action commenced by the City in a court of competent jurisdiction over the matter.
(98-03)
Any person owning, conducting, managing or operating any kennel engaged in the business of raising, breeding, boarding or housing dogs or cats shall pay for a regular business license in lieu of any individual dog license as required under Section 6.12.020.
(Prior code § 4.11)
A kennel may be maintained or constructed within the City district only as permitted by the Claremont Municipal Code.
(Prior code § 4.11; 87-12)
It is unlawful for any person owning or leasing one household to own or keep more than three adult dogs or three adult cats within a single-family home or multifamily residential unit. Upon proper ten-day notice to the owner of the animals, the City shall authorize the sheltermaster to inspect the site for compliance and remove that number of animals which exceed the provisions of this section.
(98-03)
The sheltermaster is authorized to capture and remove and keep in a pound designated by the City Council, any cat or dog which has injured or destroyed any real or personal property, or has molested or injured any person, contrary to the provisions of this chapter, or any dog or cat being maintained in violation of Sections 6.12.020, 6.12.180, 6.12.190, 6.12.290, 6.20.070, 6.20.130 or 6.20.140 of this Code.
(Prior code § 4.27; 98-03)
Any unspayed female dog or cat which is allowed to run at large or which is not kept upon the premises of the owner, caretaker or custodian thereof during the period when such female dog or cat is in heat, is declared to constitute a nuisance and such female dog or cat may be impounded by the sheltermaster for the period as such female dog or cat may be in heat.
(Prior code § 4.28; 98-03)
The sheltermaster is authorized and directed to impound all stray animals, domestic and otherwise, roaming at large in the City, and to impound all animals as otherwise provided in this chapter. Before such animals shall be released to their owner, the owner shall pay the impound, board-ing and other fees. The amount of such fees shall be established from time to time by resolution of the City Council.
(Prior code § 4.30; 76-9; 98-03)
A list of all impounded animals and a general description of the same shall be maintained, and where the owner, caretaker, or custodian is known, he or she shall be notified that his or her animal has been impounded. Such owner, caretaker, or custodian may redeem the animal(s) by payment of the required impound fees and if such animal has not been licensed and vaccinated as required by this Code, such animal may be redeemed by the payment of license fee and penalty required in this Code and obtaining a vaccination as required in this Code. Any such animal not redeemed by the owner, caretaker or custodian within 72 hours after the posting of such notice shall thereupon become the property of the sheltermaster, except that animals with license or identification tags shall be held for five days (one hundred twenty hours) before becoming the property of the sheltermaster.
(Prior code § 4.29; 98-03)
A record of impounded animals, those which have been redeemed, and dogs and cats which have been destroyed shall be kept by the sheltermaster, who shall keep a monthly report thereof, together with a monthly report of all fees collected by him or her. Such reports shall be made to the City Manager upon written request.
(Prior code § 4.31; 98-03)
Notwithstanding any other provision of this Code or State law, Penal Code section 597.1 (as amended from time to time, and any successor statute to Penal Code section 597.1 if one is enacted), relating to the seizure and impoundment of stray or abandoned animals, shall be operative and enforced in the City. Notwithstanding any other provisions of this Code to the contrary, hearings authorized or required under Penal Code section 597.1, shall be conducted before a hearing officer designated or authorized by the City Manager. The decision of the hearing officer shall be final when rendered. However, an owner may, within 10 days of the decision, file a request in writing with the City Manager, that the City Manager review the decision. The request for review shall set forth any claimed error. The City Manager may, in his or her discretion, within 10 days after the request for review is filed, affirm, alter or set aside the decision of the hearing officer, or order that a new hearing take place. Unless the City Manager acts on the request within such 10 days, the request for review shall be deemed denied. There shall be no appeal of the decision of the City Manager.
(98-03)