A. It is
unlawful for any person owning or having possession, charge, custody
or control of any dog to cause or permit or allow the same, whether
or not on leash, to be upon the grass area known as De la Guerra Plaza.
B. This
section shall not apply to any blind person owning or having possession,
charge, custody or control of a guide dog or to a police dog.
C. This
section shall not apply to participants in events issued a permit
by the Parks and Recreation Director which permit specifically allows
dogs upon De la Guerra Plaza.
(Ord. 3828, 1976; Ord. 4067, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5150, 2000)
No person owning or having custody or control of any dog shall
knowingly or through failure to exercise due care or control permit
such dog to defecate or commit any other nuisance and allow such nuisance
to thereafter remain on any beach, in any public park, or other public
property, upon the sidewalk or parkway of any street, or upon any
private property which is improved or occupied, without the consent
of the owner or person in lawful occupation thereof. A person shall
not be considered in violation of this section if the person has necessary
equipment, i.e., shovel, bag, etc., readily available and does take
immediate and necessary action to accomplish the removal of such nuisance.
This section shall not apply to any blind person owning or having
possession, charge, custody or control of a guide dog or to a police
dog.
(Ord. 3859, 1976; Ord. 4067, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 4968, 1996)
The Animal Control Supervisor or designated animal control officer
is authorized to determine whether a dog is vicious, and shall be
guided by the following criteria: (1) whether or not the dog has bitten
any person at any other time; (2) the circumstances surrounding the
occasion indicating the temper or ferocity of the dog; (3) the reputation
of the dog in the community with regard to its temper and ferocity;
(4) its propensity to bite persons or animals without provocation
or (5) its general menace to the public. The Animal Control officer
need not consider whether the dog in question has been vaccinated
and licensed as required by this title.
(Prior code §5.18; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
If it is determined by the Animal Control Supervisor or designated animal control officer that any dog impounded pursuant to Section
6.16.050 is a vicious dog, the Animal Control Supervisor or designated animal control officer may thereupon order the person who owns or has the custody of the dog to keep the dog at all times securely fastened by a chain, or securely con-fined in a manner determined by the Animal Control Supervisor or designated animal control officer, until further order of the Animal Control Supervisor or designated animal control officer. If, given the severity of the bite or the temper and ferocity of the dog, it is the opinion of the Animal Control Supervisor that the dog should be destroyed, the owner of the dog shall be notified of the decision by certified mail sent to the address listed on the license application. Upon receipt of the notice, the owner shall have five calendar days to request a hearing before the Chief of Police or the designated representative. The decision of the Chief of Police or the designated representative shall be final. In the absence of a timely request for a hearing, the decision of the Animal Control Supervisor shall be final.
(Prior code §5.17; Ord. 3488 §1, 1971; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
A. Mandatory
License Requirement - Altered Dogs. Any person owning or having custody
or control of one or more dogs in the City shall obtain a license
and pay the license fee for custody or control of each such dog over
the age of four months. The license fees authorized by this chapter
shall be established by resolution of the City Council, and such fees
shall be set at a lesser amount for dogs which have been spayed or
neutered. In the event the animal to be licensed has been spayed or
neutered prior to the issuance by the City of the first license to
that dog, a written statement from a licensed veterinarian certifying the dog to have
been spayed or neutered must be presented at the time the license
is obtained in order to qualify for a reduced dog license fee.
B. Mandatory
License Requirement - Unaltered Dogs. For those dogs which are to
be licensed as nonspayed or non-neutered dogs, prior to the issuance
by the City of the first license to a dog, and each time a City dog
license is issued after the renewal of a rabies vaccination certificate
for that dog, the owner of an unaltered dog shall present to the City
a copy of the veterinary certificate (as such certificate is shown
in the form attached to this chapter as an exhibit) certifying that
the owner has discussed the potential concerns which may arise in
owning and keeping an unaltered dog with a duly-licensed veterinarian
and that the owner has been counseled by the veterinarian on the owner's
responsibilities in keeping an unaltered dog. The unaltered dog certification
required by this subsection may, at the discretion of the veterinarian,
be incorporated into the wording of the rabies vaccination certificate
issued by that veterinarian.
C. License
- Period of Validity. The license period shall not extend beyond the
remaining period of validity for the current rabies vaccination. A
license shall only be issued if the rabies vaccine is current through
the entire licensing period. A license shall be purchased for either
a six-month period, 12-month period, 24-month period or a 36-month
period. The license fee shall not apply to any dog kept or maintained
exclusively in any dog kennel in the City. No dog license required
by this section shall be transferable.
D. Transfer of Ownership of Dogs. Within 30 days of the transfer of ownership of any licensed dog, the person receiving ownership shall obtain a license as set forth in subsection
A of this section.
E. Possible Penalties for Failure to Comply. Failure to comply with the provisions of subsections
A and
B of this section may result in the impoundment of the dog or a fine or both. At the discretion of the City Animal Control Supervisor, a dog determined to be vicious under Section
6.08.040 or
6.12.040 may not be issued an unaltered dog license.
(Ord. 3744 §7, 1975; Ord. 4067, 1980; Ord. 4087, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5531, 2010)
A. Mandatory
License Requirement - Unaltered Cats. Any person owning, keeping,
or having custody or control of one or more unaltered cats in the
City shall obtain a cat license from the City and pay the required
license fee for having custody or control of each unaltered cat over
the age of four months. The license fee authorized by this chapter
for unaltered cats shall be established by resolution of the City
Council.
B. Unaltered Cats - Veterinarian Certificate. For those cats licensed as required by subsection
A above, prior to the issuance by the City of the first license to such a cat, and upon the issuance of each City license thereafter, the owner of an unaltered cat shall present to the City a copy of a veterinary certificate (as such certificate is shown in the form attached to this section as an exhibit) certifying that the owner has discussed the potential concerns which may arise in owning or keeping an unaltered cat with a duly-licensed veterinarian and that the owner has been counseled by the veterinarian on the owner's responsibilities in keeping an unaltered cat.
C. License
- Period of Validity. A license for an unaltered cat may be purchased
for either a six-month period, a 12-month period, a 24-month period,
or a 36-month period. No unaltered cat license required by this section
shall be transferable.
D. Transfer of Ownership of Cats. Within 30 days of the transfer of ownership of any licensed unaltered cat, the person receiving ownership of or now keeping a cat shall obtain a cat license as set forth in subsection
A of this section.
E. Possible Penalties for Failure to Comply. Failure to comply with the provisions of subsections
A and
B of this section may result in the impoundment of the cat or a fine or both.
EXHIBIT TO SECTIONS 6.12.050 AND 6.12.055
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VETERINARIAN CERTIFICATE OF COUNSELING FOR NON-SPAYED OR NON-NEUTERED
DOGS OR CATS
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This Certificate is to certify that _______________, D.V.M.,
has discussed the potential problems and concerns which may arise
in keeping and properly maintaining a dog or cat which has not been
altered and the responsibilities which come with owning an unaltered
dog or cat, with (insert owner's name), the owner of the dog or cat.
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I have been advised by the owner that this pet will be kept
at the following address within the City of Santa Barbara, which will
be the licensing address:
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(insert address for license and where pet will be kept)
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I also certify that I provided this owner with the informational
materials and literature on how to responsibly and properly keep and
maintain a non-spayed or non-neutered pet, and I have discussed this
information with him or her and advised them of their ownership responsibilities.
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|
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(Ord. 5531, 2010)
Notwithstanding Section
6.04.020, in establishing the amount of City pet license fees for the keeping of an unaltered pet pursuant to Section
6.12.050 or Section
6.12.055 hereof, the City Council may also establish a license surcharge amount, which surcharge is to be earmarked into a special City fund for use, at the discretion of the Chief of Police, in funding City educational outreach activities regarding the possible concerns with owning an unaltered pet and to foster methods to encourage City pet owners to be responsible in the ownership and maintenance of an unaltered pet.
(Ord. 5531, 2010)
Each dog or unaltered cat license shall state the name, address,
and telephone number of the person to whom such license is issued,
the amount paid, the date when issued, the date on which such license
shall expire, and in the case of an individual dog or cat license,
a description of the dog or cat for which such license is issued,
and the number of the metallic tag accompanying the license. In the
case of a kennel license, such license shall show, in addition to
the above information, the maximum number of dogs or cats which may
be kept in such kennel under authority of such license.
(Prior code §5.23; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5531, 2010)
No license shall be issued for a dog until it has been vaccinated in accordance with Section
6.16.070, and the owner or person in possession of the dog submits a certificate of vaccination approved by the Health Department from a licensed veterinarian confirming the approved vaccination for such dog as described in Section
6.16.080.
(Prior code §5.36; Ord. 2715 §4, 1959; Ord. 3102 §2, 1966; Ord. 3744 §9,
1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
Any person conducting, managing or maintaining a dog kennel
shall obtain a kennel license and pay to the City a license fee in
an amount established by resolution of the City Council.
The applicant for a kennel license shall present the property
as a kennel prior to the issuance of a license.
(Ord. 3673 §1, 1974; Ord. 4087, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
In ascertaining the number of dogs being kept or maintained
in any kennel, duly licensed dogs shall be excluded from such number
in the event that the person conducting, managing or maintaining such
kennel furnishes, at the time of making application for such kennel
license, an affidavit stating the number of such licensed dogs and
the license number of each such dog; provided, however, that for any
kennel containing any such licensed dogs there shall be paid a kennel
license fee in an amount equal to the minimum amount required for
dog kennels.
(Prior code §5.28; Ord. 3744 §9, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
Upon exhibition of the proper certificate of vaccination (when
applicable) and payment of the license fee, there shall be delivered
to the person making such payment a metal pet license tag, with the
serial number, the year and "Santa Barbara City" stamped or cut thereon,
and, when applicable, the word "vaccinated" stamped thereon. Such
dog or cat tag shall be securely affixed to a collar or harness, which
shall at all times be worn by such dog or cat. The tag while attached
to the dog's or cat's collar or harness shall be prima facie evidence
that the dog or cat for which the same was issued has been vaccinated
(when applicable) and licensed during the licensing period for which
the tag was issued.
(Prior code §5.30; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5531, 2010)
If any dog is found in or upon any place in the City without
having an official tag attached to his or her collar or harness as
required by this chapter, the dog shall be presumed to be an unlicensed
dog and not to have been vaccinated or licensed as required by law.
(Prior code §5.33; Ord. 2715 §7, 1959; Ord. 3744 §10, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
Whenever the official license tag issued for the current licensing
period has been lost, taken or stolen by parties unknown to the owner
or person having the care, custody or control of the dog for which
the same has been issued, such owner or person having the care, custody
or control of such dog may, upon the payment of the required fee and
exhibition of his or her certificate of vaccination and on making
and subscribing to an affidavit of such loss, receive a duplicate
tag for the remaining portion of the licensing period for which the
original dog tag was issued. Duplicate metal license tags may be obtained
for any valid license for which current fees have been paid upon payment
of an additional charge which shall be established by a resolution
of the City Council.
(Prior code §5.34; Ord. 3744 §9, 1975; Ord. 4087, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
The provisions of Sections
6.12.050 to
6.12.140 shall not apply to dogs owned by or in charge or care of persons who are (1) non-residents of the City and (2) traveling through the City or temporarily residing therein for a period not exceeding 30 days, nor to dogs temporarily brought into the City for the exclusive purpose of entering the same in a bench show or dog exhibition.
(Ord. 3597, 1973; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)
A. Guard
dog. Any dog kept, used or maintained to guard, protect, patrol or
defend any property, premises or person within the City limits.
B. Notice
and signs. No person shall keep, use or maintain any guard dog unless
the premises are posted to warn of a guard dog on the property. The
warning shall consist of a sign placed at each entrance and exit to
the property in a position to be legible from the sidewalk or ground
level adjacent to the sign. If the property is not enclosed by a wall
or fence, a sign shall be placed at every entrance and exit to each
structure on the premises. Each sign shall measure at least 10 inches
by 14 inches and shall contain block lettering on a white background
stating "Warning Guard Dog on Duty." In addition, the sign shall set
forth the name, address and telephone number of the person or persons
to be notified during any hour of the day or night who will proceed
immediately to the location to permit entry by the Animal Control
Supervisor or any animal control officer. A copy of such information
shall also be delivered to the Animal Control Supervisor.
C. License.
No person shall keep, use or maintain a guard dog on any premises
unless each dog has its license tag securely affixed to its collar
or harness.
D. Tether
requirements. No person shall keep, use or maintain any guard dog
on any property or premises used for commercial or industrial purposes
during business hours unless such guard dog is confined to a completely
enclosed pen, is maintained by a tether not longer than five feet
or is confined to an area away from contact by persons authorized
to be on the property or premises.
(Ord. 4460, 1987; Ord. 4621, 1990)
A. No person
shall transport or carry on any public street any dog in any unenclosed
portion of a motor vehicle unless the dog is protected by a cage,
pen or crosstie which will prevent the dog from falling from, being
thrown from, or jumping from the motor vehicle.
B. No person
shall leave a dog in an unattended motor vehicle without adequate
ventilation or in such a manner as to subject the animal to extreme
temperatures which adversely affect the dog's health or welfare.
C. No person
shall leave a dog in an unattended motor vehicle without assuring
that the dog cannot escape or bite persons passing by the vehicle.
(Ord. 4460, 1987; Ord. 4621, 1990)