The following words and phrases shall have the meaning indicated,
unless the context or usage clearly requires a different meaning:
Enclosure.
A fence or structure that will prevent the entry of children
and that will confine a potentially dangerous or a vicious dog, in
conjunction with other measures that may be required to be taken by
the guardian of the dog. The enclosure must be designed and maintained
at all times in a manner that prevents the animal from escaping the
enclosure.
Fowl.
Any chicken, turkey, goose, duck, pigeon, fancy pigeon, guinea
fowl, pea fowl or poultry, but not a racing or homing pigeon.
Guardian.
A person owning or having possession, charge, custody or
control of any animal.
Impounded.
Having been received into the custody of the City or into
the custody of the Animal Control Supervisor or an animal control
officer.
Isolation.
Confinement in such manner that the animal cannot bite any
other animal or human being.
Kennel.
Any lot, building, structure, enclosure or premises whereon
or wherein four or more dogs are kept or maintained for any purpose.
Leash.
A rope, leather strap, or similar device intended to control
a dog on a City street or public place and which is no longer than
six feet.
Police Animal.
An animal which has been trained to perform official police
duties and is in fact being used by a peace officer in the performance
of official duties.
Potentially Dangerous Dog.
A dog that:
1.
While not present upon the property of the guardian and on at
least two separate occasions within the prior 36-month period, engages
in any unprovoked behavior that requires a defensive action by a person
to prevent bodily injury to a person, domestic animal, or livestock;
2.
When unprovoked, bites a person or otherwise engages in aggressive
behavior, causing a less severe injury than as defined in this section;
3.
When unprovoked, has killed, seriously bitten, inflicted injury,
or otherwise caused injury to a domestic animal or livestock while
not present upon the property of the guardian of the dog.
Quarantine.
The confinement of any animal in such a manner so the animal
may not expose to contagious disease or injure any person or other
animal.
Racing or Homing Pigeon.
A pedigree pigeon which is banded and kept for the purpose
of racing or homing sporting events conducted by a nationally affiliated
sporting association such as, but not limited to, the American Racing
Pigeon Union or the International Federation of Racing Pigeon Fanciers.
Service Animal.
A guide dog or seeing-eye dog trained by a person licensed
under
Business and Professions Code Section 7200, et seq., including
a signal dog, other dog, or miniature horse, trained to do work or
perform tasks for the benefit of a person with a disability, including,
but not limited to, guiding persons with impaired vision, alerting
persons with impaired hearing to intruders or sounds, providing minimal
protection or rescue work, pulling a wheelchair, or fetching dropped
items.
Severe Injury.
Any physical harm to a person or animal that results in a
serious illness or injury, including, but not limited to, a major
fracture, muscle tears, or disfiguring lacerations requiring multiple
sutures or corrective or cosmetic surgery.
Unlicensed Dog.
Any dog for which the City license fee for the current year
has not been paid by the current guardian or to which the tag provided
for in this title is not attached.
Vicious Dog.
"Vicious dog" means any of the following:
1.
A dog that, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a person.
2.
A dog that kills or inflicts on another domestic animal or livestock
a severe injury, when the killed or injured animal is properly contained
on the property of its guardian or is being walked on leash by its
guardian or is being physically controlled by its guardian.
3.
A dog previously designated as and currently listed as a potentially dangerous dog in the City of Santa Barbara, or its equivalent in another jurisdiction, which, after its guardian has been notified of that designation, continues the behavior described in this section or is maintained in violation of Section
6.22.070,
a stipulation, an administrative decision, a court order, or restrictions placed upon it by another jurisdiction.
Voice and Sight Control.
The ability of a dog guardian to adequately control a dog
by using voice commands and sight commands (such as hand gestures).
In order for a guardian or keeper to have voice and sight control
over a dog, the guardian must be able to see the dog's actions at
all times; and
Be able to prevent the dog from engaging in the following
behaviors, using voice and sight commands, without regard to circumstances
or distractions:
1.
Charging, chasing, or otherwise displaying aggression toward
any person or behaving toward any person in a manner that a reasonable
person would find harassing or disturbing;
2.
Charging, chasing, or otherwise displaying aggression toward
any dog;
3.
Chasing, harassing, or disturbing wildlife or livestock; or
4.
Failing to come to and stay with the guardian immediately upon
command by such person.
(Prior code §5.1; Ord.
2715 §1, 1959; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)
All funds collected under the provisions of this Title shall
be deposited to the credit of the City "General Fund," except for
fees charged for vaccination at the dog vaccination clinics conducted
by the County Health Officer may be retained by the veterinarian performing
such vaccination provided, that the veterinarian shall provide all
materials and supplies necessary to perform the vaccination.
(Prior code §5.9; Ord.
4346, 1985; Ord. 4460,
1987; Ord. 4621, 1990; Ord. 6075, 2022)
A. Right
to enter. Any public or private place at which a police officer has
a lawful right to enter or be present in the performance of official
police duties may be entered by any police animal.
B. Prohibition.
It is unlawful for any person to willfully torture, tease, torment,
beat, kick, strike, mutilate, injure, disable, or kill any police
animal.
C. Exemption. Police animals shall be exempt from the provisions of Section
6.08.020(B) while under the control of their handlers and in the performance of official police duties.
(Ord. 4246, 1983; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)
It is unlawful for any person to interfere with, molest, hinder,
resist or obstruct an animal control or law enforcement officer during
the performance of his or her duties.
Animal control or law enforcement officers shall have the duty
to enforce the provisions of this chapter and applicable state or
local animal control laws.
(Prior code §5.42; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)
A guardian of an animal must provide that animal with adequate
feed, water, shelter, exercise, and veterinary care. A guardian of
an animal cannot keep or permit to keep upon any premises, any animal
in foul, offensive, obnoxious, filthy, or unsanitary conditions.
A. A guardian
must, when ordered to do so by an animal control officer, provide
care, feed, water, shelter, exercise, or veterinary care.
B. A guardian
must, when ordered to do so by an animal control officer, clean or
disinfect any stable, barn, stall, pen, coop, enclosure, building,
or other place where any animal is kept, and/or any box, bin, or receptacle
used for the accumulation of manure or waste.
C. The
provisions of this section are applicable to any place where domestic
animals are kept, including animal shelters, dealers, pet shops, exhibitors,
kennels, catteries, groomers, boarding and establishments with a dog
and/or cat fancier's license. An animal control officer or a law enforcement
officer may enter any of these facilities at any time during the hours
of 8:00 a.m. to 6:00 p.m. to inspect such facility for compliance
with the provisions of this chapter.
D. Violations
of this section will be grounds for immediate impoundment by the animal
control officer.
(Ord. 6075, 2022)
A guardian of an animal will be determined as an irresponsible
guardian when any of the following occurs:
A. The
guardian's animal(s) are impounded for being off the guardian's property
in violation of any state or local law prohibiting the running of
at large animals on three separate occasions within a 12-month period.
B. The
guardian's animal is found at large in Santa Barbara, on two separate
occasions within a 12-month period.
C. When
unprovoked, the guardian's animal has bitten or caused less than severe
injury on two separate occasions.
D. When
unprovoked, the guardian's animal has caused severe injury or death
to another animal off the guardian's property.
E. The guardian's dog has been declared a potentially dangerous or vicious dog under Chapter
6.24.
(Ord. 6075, 2022)
Violations of this chapter may be enforced pursuant to Chapters
1.25 and
1.28 of this Code and any other remedy available to the City.
(Ord. 6075, 2022)