"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)