For the purposes of this chapter, the following definitions shall apply:
"Guard dog"
means:
1. 
A "sentry dog" as defined in The Dog Act of 1969 (Health and Safety Code Section 25971).
2. 
Any dog furnished for hire for use in guarding, patrolling, or protecting any area, yard, or premises, with or without supervision, to deter or detain unauthorized persons. The term "hire" shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase.
"Guard dog operator"
means:
1. 
A "sentry dog company" as defined in The Dog Act of 1969 (Health and Safety Code Section 25974).
2. 
Any person who furnishes a dog for hire for use in guarding, patrolling, or protecting any area, yard, or premises, with or without supervision, to deter or detain unauthorized persons. The term "hire" shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or the sale of a dog with an option to repurchase.
"Protection dog"
means any attack trained dog, any dog trained to guard, protect, patrol, or defend any premises, area or yard, or any dog trained to protect, defend, or guard any person or property with or without the necessity of direct human supervision.
(Ord. 4503, 01/23/96)
Any guard dog operator, in addition to any requirements of The Dog Act of 1969 (Health and Safety Code Section 25970 et seq.) shall:
A. 
Comply with all applicable federal, state and local laws, regulations, and permit requirements affecting the keeping of a guard dog and/or the operation of a guard dog business. Upon demand by the city or any law enforcement agency, each guard dog operator must demonstrate compliance with all applicable laws, regulations, and permit requirements affecting the keeping of a guard dog and/or the operation of a guard dog business.
B. 
Notify the police and fire departments and the animal control services manager, in writing, of the location of the guard dog operator office, base facility, and/or kennel, where any dogs are maintained for any period.
C. 
Ensure each dog furnished or assigned to any facility within the city of El Cajon is wearing a city dog license tag before such furnishing or assigning of the dog. This licensing requirement is in addition to the identification tag specified in (D) below. A guard dog operator shall obtain individual dog licenses for each dog, whether or not it is kept in a kennel as defined in this code.
D. 
Ensure that each dog is wearing a durable identification tag in addition to a city license tag. The identification tag provided by the guard dog operator shall contain the name, address, and telephone number of the guard dog operator furnishing the guard dog. The telephone number provided shall be to a telephone which is answered by a person 24 hours per day every day of the year. In addition, a dog handler shall be available at all times to respond in a timely manner to reports regarding a dog which has escaped, is injured, or presents a risk of harm to animal or public health, safety, or welfare.
E. 
Provide positive identification for each dog by an individual tattoo number or implantation of a microchip of a type and in a manner approved by the city. Any tattoo shall be placed on the inside right groin area of the dog. The guard dog operator shall also provide the animal control services manager with a written list of dogs to be assigned to any facility within the city. Such list shall include each dog's name and description, along with the license and identification numbers.
F. 
Notify the police and fire departments and the animal control services manager, in writing, prior to but not more than 15 days before a dog is sent on an assignment, of the location and the duration of such assignment. In addition, notification of termination shall be provided within 15 days of the termination of any assignment.
G. 
Ensure that dogs working with supervision, in an unfenced area, yard, or premises, be controlled on a leash. Dogs working without supervision shall be confined within a fenced or otherwise enclosed facility not open to the public. The fence or other enclosure shall be of sufficient structural strength and height with locked gates and/or doors to ensure the strict confinement of the dog and to prevent unauthorized access. The fence or other enclosure is subject to inspection and approval by the animal control services manager. The guard dog operator may be required to pay a reasonable fee to recover the costs of such inspection, as may be established by city council resolution from time to time.
In addition, ensure that each dog, whether or not on duty, is visited at least once every 12 hours and that each dog has adequate food, water and shelter. Any dog that is sick or injured shall be provided proper care and attention and, if on duty, shall be removed from the site. Dogs shall not be kept or maintained on a chain or tether. Dogs shall not be kept or maintained, for any period of time, in an enclosure area with less than twelve feet by five feet (12' x 5') floor space or in any enclosure area without adequate ventilation.
Further, ensure that the dog is not knowingly overworked, or tortured, tormented, neglected, abandoned, deprived of necessary sustenance or care, drink or shelter, beaten, mutilated, or unjustifiably killed. The words "torment" and "torture" include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
H. 
Obtain and maintain liability insurance issued by an insurance company authorized to transact business in California which provides minimum limits of insurance of $500,000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property. The guard dog operator shall also furnish the animal control services manager with a certificate of insurance naming the city as an additional insured and providing that in the event of expiration or proposed cancellation of such policy for any reason, the city shall be notified.
I. 
Ensure that durable signs of sufficient size containing both a clear pictorial depiction of a guard dog and a legible written warning of the presence of a guard dog are conspicuously posted and maintained at every entrance and at reasonable intervals on the fence or other enclosure where the dog is to be assigned so as to be clearly visible. Signs shall also include the name and telephone number of the guard dog operator furnishing the guard dog. The telephone number provided shall be to a telephone that is answered by a person 24 hours per day every day of the year. In addition, a dog handler shall be available at all times to respond in a timely manner to reports regarding a dog that has escaped, is sick, injured, or presents a risk of harm to animal or public health, safety, or welfare.
J. 
Provide a written statement to any person who hires a guard dog, prior to the dog being sent on assignment, containing the following:
"In addition to other provisions of law, any person or business entity with custody of a guard dog is responsible for preventing the dog from being "at large," within the meaning of the El Cajon Municipal Code, and from attacking or injuring a person engaged in a lawful act. Any person who hires a dog shall immediately notify the guard dog operator and El Cajon Animal Control in the event an escaped dog is not immediately recaptured.
Chapter 6.08 of the El Cajon Municipal Code provides in part that any person owning or having custody or control of a dog which bites a person shall notify Animal Control as soon as possible thereafter.
Guard dog operators and the keeping or maintenance of guard dogs are regulated in the City of El Cajon by the Animal Control Division, 1275 North Marshall Avenue, El Cajon, California, 92020."
The guard dog operator shall also provide the animal control services manager with a copy thereof containing an acknowledgement of receipt, signed and dated by the person who hired the dog. Such acknowledgement shall also include the printed name, address, and telephone number of the guard dog operator and the person who hires the dog.
K. 
Transport the dog in a secure, humane manner that will reasonably prevent its possible escape.
L. 
Make every reasonable effort to recapture an escaped dog and, if not immediately recaptured, notify El Cajon Animal Control.
(Ord. 4503, 01/23/96)
Any person who hires a guard dog shall immediately notify the guard dog operator and El Cajon Animal Control by telephone in the event an escaped dog is not immediately recaptured.
(Ord. 4503, 01/23/96)
Any dog kept in violation of this chapter shall be deemed a public nuisance and may be impounded and/or abated pursuant to the provisions of Chapter 6.22 of this code.
(Ord. 4503, 01/23/96)
Any person who violates any provision of this chapter is guilty of a misdemeanor and subject to the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the city.
(Ord. 4503, 01/23/96)