As used in this chapter, unless the context otherwise indicates,
the following definitions shall apply:
means an animal off the premises of the owner and not under
the control of the owner or a member of his or her immediate family
or some other person with the permission of the owner, either by leash,
cord, chain or otherwise.
is intended to mean both male and female.
means the person appointed by the city manager as chief animal
services officer, or anyone acting under his or her supervision.
is intended to mean both male and female.
means to feed or shelter an animal for two consecutive days
or more.
means the taking into possession or control of any animal
by the chief animal services officer under the authority of this chapter.
means and includes cats, horses, colts, jacks, mules, bulls,
steers, cows, calves, chickens, turkeys, ducks, geese, hogs, sheep,
goats and all other domestic animals and poultry.
means any person or persons, firm, association or corporation
owning, keeping, having control, custody or possession, or harboring
a dog or other animal.
means and includes any individual, company, firm, partnership,
corporation, trust, limited liability company, and any association
of persons or other legal entity.
as defined in this title, means and includes the motor or
other vehicle of the owner or of another, when such other person has
possession of the animal with the owner's permission and wherein the
animal shall be confined.
means any house, apartment, condominium, mobile home, or
other type of dwelling.
(Ord. 1835 § 9, 2008; Ord. 1912 § 3, 2016)
A.
All
dogs which are four months of age or older and which are harbored
or maintained by their owners in the city shall be annually licensed
and registered by and through the city. The licensing of cats shall
be voluntary commencing July 1, 1993. Except for animals licensed
prior to the adoption of the ordinance codified in this section, and
unless otherwise specifically provided, all animal license fees shall
be due and payable annually on the first day of the month following
the anniversary date on which a license was originally issued. The
owner shall state at the time application is made for such license
and upon printed forms provided for such purpose his or her name,
address, and the name, breed, color and sex of each dog or cat owned
or kept by the applicant.
B.
A grace
period of 30 days shall follow the due date of each annual license.
(Ord. 1835 § 9, 2008)
Dog licenses shall be issued by the chief animal services officer
or designee upon the payment of an annual license fee the amount of
which is fixed from time to time by resolution of the city council.
(Ord. 1835 § 9, 2008)
The provisions of this section shall not be intended to apply
to dogs whose owners are nonresidents temporarily within the city
for less than 30 days, nor to dogs brought into the city for the purpose
of participating in any dog show, nor to dogs properly trained to
assist blind persons when such dogs are actually being used by blind
persons for the purpose of aiding them in going from place to place,
nor to dogs under one year of age placed in private homes by a guide
dog organization for the purpose of preliminary training as guide
dogs, and/or dogs used for the hearing impaired.
(Ord. 1835 § 9, 2008)
Each dog over the age of four months harbored within the city
shall be vaccinated for rabies. The owner or harborer of such dog
shall be required to present to the chief animal services officer
upon request, a vaccination certificate signed by a licensed veterinarian.
The owner or harbor of each dog shall maintain its vaccinations against
rabies at all times and consistent with generally accepted veterinarian
standards.
(Ord. 1835 § 9, 2008)
In addition to the license and registration fee provided for in Sections 6.04.020 and 6.04.030 of this chapter, the chief animal services officer or designee shall collect a delinquency fee in the amount fixed by the city council by resolution for any license applied for more than 30 days after same should have been procured, as provided in such sections.
(Ord. 1835 § 9, 2008)
Upon payment of the license fee the finance department or the
director's designee shall issue to the owner a license certificate
and a metallic tag for each dog/cat so licensed. The tag shall bear
a stamp thereon with the date of expiration and the number corresponding
with the number on the certificate.
(Ord. 1835 § 9, 2008)
Every owner shall be required to provide each dog with a collar,
harness or other device to which the license tag must be affixed,
and shall see that collar, harness or other device and tag are constantly
worn, except while such dog/cat be confined to the premises of the
owner.
(Ord. 1835 § 9, 2008)
In case a dog/cat tag is lost or destroyed, a duplicate will
be issued by the finance department or designee upon presentation
of a receipt showing payment of a service fee as fixed by the city
council from time to time by resolution for such duplicate.
(Ord. 1835 § 9, 2008)
Dog/cat tags shall not be transferable from one dog/cat to another,
and no refunds shall be made on any dog/cat license fee because of
the death of the dog/cat or the owner leaving the city before the
expiration of the license.
(Ord. 1835 § 9, 2008)
Every dog not registered or licensed by and through the city,
or not wearing a current license tag herein provided for, shall be
subject to be taken up by the chief animal services officer and impounded,
subject to redemption or adoption as provided by this chapter.
(Ord. 1835 § 9, 2008)
Except where expressly permitted by law, it is unlawful for
any person to keep, possess, harbor, or maintain at any residence
within the city more than:
A.
Three
dogs, which are four months of age or older; and/or
B.
Three
cats, which are four months of age or older.
(Ord. 1912 § 4, 2016)
A.
No person
owning or having control of any animal, not including any domesticated
cat, shall permit such animal to be present upon any public street,
sidewalk, school ground, public park, playground or any other public
place, or any unenclosed private property not owned or lawfully possessed
by such person, or upon any private property without the consent of
the owner or lawful possessor thereof, unless such animal is secured
by a leash no more than six feet in length. Such leash must be held
by a person capable of maintaining control over the animal.
B.
The provisions of subsection A of this section and any similar requirement contained in the city's animal control regulations shall not apply to the following:
1.
Any
dog used by a law enforcement agency;
2.
Any
dog while participating in a formal dog obedience training program
or any dog participating in a dog show or other program expressly
permitted or sponsored by the city;
3.
Any
dog within a posted off-leash area in any city park, as established
by resolution of the city council, provided however, that nothing
herein shall relieve the owner or person having charge, custody, care
and or control of such dog from the responsibility to maintain proper
control over the dog nor shall this paragraph be construed as relieving
such person from any liability for any damages arising out of his
or her use of a leash-optional area.
C.
In order to be subject to the exception set forth in subsection (b)(3) of this section, all persons must comply with all requirements of law and the following rules and regulations when utilizing any off leash area:
1.
No
dog is permitted in an off-leash area except when in the care, custody
and control of a person at least 16 years old. Any person under 16
years of age must be accompanied by and be under the direct supervision
of an adult to enter and remain in the off-leash area. No person may
have more than two dogs in an off-leash area at any one time. All
dogs must be under the voice control of their caretakers at all times.
2.
All
dogs must be at least four months of age, vaccinated for rabies, and
currently licensed by the city's animal control authority. No dog
that is sick, in heat, injured, or less than four months of age, or
which displays aggressive behavior towards other dogs or humans is
permitted in any off-leash area. Food or treats for dogs may not be
brought into any off-leash area.
3.
Any
person having care, custody or control of a dog in an off-leash area
shall quiet or remove the dog if it barks and shall promptly remove
and properly dispose of any waste deposited by such dog.
4.
No
animals other than dogs are permitted in any off-leash area. Dog obedience
classes conducted by for-profit or nonprofit organizations may not
be conducted in the off-leash area. However, individual dog owners
may utilize the off leash area to train their dog(s).
5.
The designated hours of use for the area shall coincide with the regular hours of the park as designated by off-leash Section 9.04.090 of this code.
6.
As
a condition of admission to an off-leash area, the owner or person
in custody of the dog shall carry a suitable container or instrument
for the removal and disposal of dog feces.
7.
Any
person having care, custody or control of a dog in the off-leash area
must have in his or her possession a leash for such dog which shall
be worn by the dog at all times the dog is not in the off-leash area.
8.
All
persons will otherwise comply with all rules governing city parks
and all relevant parking regulations.
9.
The
use of an off-leash area by any dog shall constitute implied consent
of the dog's owner or any person having the care, custody or control
of the dog, to strictly follow the rules of this section and shall
constitute a waiver of liability to the city, its elected officials,
officers, and employees, an assumption of all risks, and an agreement
and undertaking to protect, indemnify, defend and hold harmless the
city, its elected officials, officers and employees, for any injury
or damage to persons or property during any time that the dog is in
the off-leash area.
(Ord. 1835 § 9, 2008)
A.
Notwithstanding any other provision of this code, it is unlawful for any person to bring any dog into, or permit or otherwise cause or allow any dog to be present on foot within, the 2nd Avenue Market Area, during its normal business hours, or normal hours of any other city sponsored or permitted event occurring in the area. For purposes of this section and Section 6.04.140, the 2nd Avenue Market Area means and includes any street, sidewalk, other public property or any public right-of-way located within, on or immediately adjacent to 9th Street between 1st Avenue and 3rd Avenue, or 2nd Avenue between A Street and C Street.
B.
This
section shall not apply to:
1.
Any
person having under his or her control any dog being utilized or trained
for purposes of assisting any physically disabled person, provided
such dog is maintained on a leash or authorized restraint as required
by this code or by any other provision of law; or
2.
Any
person utilizing a police dog for official purposes or utilizing any
dog as part of any city permitted or sponsored event or form of entertainment;
or
3.
Any
person having under his or her control any dog while directly traveling
to or returning from any city-licensed veterinarian, dog groomer,
animal control shelter or similar business or organization located
within the 2nd Avenue Market Area.
The burden of establishing the applicability of an exception set forth in this subsection B shall be upon the person charged with violating this section.
(Ord. 1835 § 9, 2008)
A.
The
keeping or harboring of any dog, cat or other animal or fowl, whether
licensed or not, which by habitual howling, yelping, barking or other
noise disturbs or annoys the use and enjoyment of neighboring parcels
is unlawful, and is declared to be a public nuisance and each day
shall constitute a separate offense. Evidence of a violation of this
section may be verified by an animal services officer or law enforcement
officer or based upon complaints ("complaint") from: (1) at least
two neighboring inhabitants; or (2) at least one neighboring inhabitant,
as verified by at least one animal services officer or law enforcement
officer. The procedure for reporting and prosecuting violations of
this section shall conform with the following requirements:
1.
Each
initial complaint shall be signed under penalty of perjury by a neighboring
inhabitant. Each initial complaint shall be kept confidential, unless
disclosure of the initial complaint is required to satisfy due process
requirements.
2.
The
animal services department shall respond to each initial complaint
by providing a courtesy notice to the violating animal owner or person
responsible for the animal creating the disturbing noise ("owner").
3.
Any
persisting violation of this section, after courtesy notice is given,
must be verified by either an animal services officer or a neighbor
other than the initial complainant under penalty of perjury. Each
second or subsequent complaint shall be kept confidential, unless
disclosure of any second or subsequent complaint is required to satisfy
due process requirements.
4.
After
verifying that a violation of this section persists despite the issuance
of courtesy notice, any animal services officer shall be authorized
to issue an administrative citation to the owner that assesses administrative
fines of $100.00 per day that the violation repeats within six months
of issuance.
5.
If more than three additional violations of this section occur within six months of issuance of an administrative citation, as verified by the animal services department or two neighboring inhabitants under penalty of perjury, the owner shall be subject to administrative fines of up to $1,000.00 per day the violation exists, and shall be guilty of a misdemeanor punishable in accordance with Section 1.16.010 of this code.
6.
The
city is expressly entitled and authorized to recover any and all costs
incurred by the city to investigate and prosecute violations of this
section, including, but not limited to, animal services costs, law
enforcement costs, investigation costs, administrative costs, attorneys'
fees and costs, prosecution fees and costs, and court costs.
B.
It is
unlawful to suffer or permit any animal to trespass on private or
public property so as to damage or destroy any property or thing of
value and the same is declared to be a public nuisance.
C.
No owner
or keeper or person having custody or control of any dog, cat or other
animal shall knowingly fail, refuse or neglect to clean up any feces
of such animal immediately and dispose of it in a sanitary manner
whenever such animal has defecated upon public or improved private
property without the consent of the public or private owner or person
in lawful possession or charge of the property.
D.
The provisions of subsection C of this section shall not apply to any unsighted person being accompanied by a guide dog, nor shall they be construed to require or countenance any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without a significant trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection C to clean it up shall first attempt to obtain consent to do so from the owner or person in lawful possession or charge of the property.
E.
It is
declared to be a nuisance and it is unlawful for any person, either
owner, tenant, principal, agent or employee, to keep or permit to
be kept at or upon any premises owned or occupied by him or her in
the city any animal or bird enclosure in a foul, noxious, or filthy
condition. All property or premises where any animal or bird is kept
shall be maintained clean and sanitary. Any feces, uneaten food or
other matter that emits an offensive odor or encourages the breeding
of flies or other insects shall be collected daily and not allowed
to accumulate. This provision shall not prohibit the owner or occupant
of any premises from storing such feces, uneaten food, or other matter
in a closed container prior to disposal.
(Ord. 1835 § 9, 2008; Ord. 1929 § 2, 2017)
It is unlawful for any person to keep or harbor a guard dog
that is trained specifically to guard, unless the enclosure in which
the dog is kept is posted with one conspicuous sign on each side of
the enclosure on which there is a point of ingress reading "beware
of guard dog" in letters at least two and one-half inches high and
one and one-fourth inch wide.
(Ord. 1835 § 9, 2008)
Whenever it shall be affirmed in writing by three or more persons
having separate residences, or regularly employed in the neighborhood
that any animal is an habitual nuisance by reason of trespassing,
howling, barking, or other noise, or damage to property by its actions,
potentially vicious or in any other manner causing undue annoyance,
the chief animal services officer, if he or she finds such nuisance
to exist, may impound any such animal.
(Ord. 1835 § 9, 2008)
It is unlawful for any person to have, possess, maintain or control within the city, any wild, dangerous or poisonous animal, except as otherwise provided by law, including Chapter 6.08 of this code. "Dangerous animal" means any carnivorous wild animal or other animal commonly known to be a threat to humans or domestic animals, including dogs and cats. "Dangerous animal" also means any other animal determined by Upland animal services to present a danger to human beings and/or domestic animals, including dogs and cats.
(Ord. 1835 § 9, 2008)
The chief animal services officer and all animal services officers
shall be vested with the power of police officers of the city, including
the power to make arrests and issue citations for violations of this
chapter and the laws of the state of California relating to the care,
treatment and impounding of animals. They shall be authorized to enter
upon the premises upon which any animal is kept, for the purpose of
ascertaining if a license has been secured, and for the purpose of
seizing or impounding any animal found running at large, or staked,
or herded or grazing contrary to the provisions of this chapter, or
upon receiving a subscribed complaint stating that there is reason
to believe that any law of this city or the state of California relating
to the humane care or treatment of animals is being violated, to enter
upon premises and to ascertain the accuracy of such complaint, and
to impound the animal or take such other action as will remedy the
condition if it be found to exist.
(Ord. 1835 § 9, 2008)
The chief animal services officer shall have the following duties:
A.
To take
up, impound, and safely keep any dog or other animal found running
at large, staked, tied or being herded or pastured in any street,
lane, alley, court, square, park or other place belonging to the city,
or upon the premises of any person other than the owner of such dog
or other animal.
B.
To take
up immediately any animal which the chief animal services officer
has reason to believe is infected with rabies, whether the same has
bitten any person or not, and to take the animal to a veterinarian
licensed under the laws of the state of California, for the purpose
of examination and obtaining a qualified opinion as to such infection
with rabies. If such examination results in a determination that the
animal may be infected with rabies, to impound such animal for the
period recommended by such examining veterinarian. In the latter case
the cost of such examination and impounding shall be borne by the
owner. In the event that a determination of no rabies is made, the
cost shall be borne by the city.
C.
To take
up and impound any dog off the premises of his or her owner and not
having a license tag on his or her collar, harness or other device
as required by this chapter.
D.
To make
a complete registry of impounded dogs and other animals showing in
detail in the case of each animal, the dates of receipt, the breed,
color and sex of such dog or such other animal, and if licensed, the
number of such license and the name and address of the owner, the
date and manner of disposal, the name and address of the person redeeming
or adopting, and the fees and charges and proceeds of monies received
on account thereof.
E.
To maintain
and care for the public animal shelter and furnish adequate food and
drink for all dogs and other animals impounded therein.
F.
To notify
by mail the owner of any animal or dog impounded by him or her, stating
that such animal or dog is confined at the city pound, and specify
the amount necessary to reclaim or redeem the same, as provided in
this chapter, and the period which dog or animal will be held before
destroying or otherwise disposing of the same. Such notice shall be
deposited in the United States post office, or a mailbox, in a sealed
envelope, with postage prepaid, addressed to the owner of the animal,
at the owner's place of residence, if known, but if not known, then
addressed to the owner at Upland, California. If the name of the owner
of such impounded animal is not known, or after reasonable investigation,
cannot be ascertained, then the notice may be dispensed with, in which
case such animal may be placed up for adoption or disposed of by the
chief animal services officer after the same has been impounded for
four days. No disposition shall be made to other than the owner until
the lapse of four days following such notification.
G.
The
chief animal services officer shall be vested with the powers and
duties of a deputy license collector and shall have the power to collect
license fees and to issue certificates and tags prescribed herein.
H.
To adopt,
subject to the owner's right of redemption, any impounded dog or other
animal after the fourth day of impoundment for a fee to be set from
time to time by resolution approved by the members of the city council.
Should more than one person wish to adopt the same dog or animal,
the chief animal services officer shall offer adoption to the first
person of interest, and to each subsequent person of interest in the
order to which they expressed their interest in the dog or animal
if the first person of interest is not present at the time the dog
or animal becomes available for adoption.
I.
To place
up for adoption or destroy any dog which has been impounded for four
days or more after mailing notice to the owner and which has not been
claimed and redeemed by its owner or has not been given to some persons
who will provide a suitable home for such dog.
J.
To adopt
any other animal than a dog which has been impounded for more than
four days after mailing notices to such owner, and, if unable to find
a purchaser, to destroy such animal.
K.
To collect
and remit to the city treasurer all fees received for redemption and
reclaiming of dogs or other animals impounded by him or her, and all
proceeds received upon the adoption of impounded animals.
(Ord. 1835 § 9, 2008)
The owner of any impounded animal shall have the right to reclaim
the same at any time prior to the lawful disposition thereof upon
the payment to the chief animal services officer of the costs, fees
and charges provided for in this chapter.
(Ord. 1835 § 9, 2008)
The chief animal services officer shall charge, receive and
collect the following fines and charges upon impounded animals:
A.
The
license fee and penalty for late registration, if unpaid;
B.
An amount
as specified by the city council by resolution from time to time to
pick up an animal at owner's request;
C.
An amount
as specified by the city council by resolution from time to time as
and for a redemption fee;
D.
The
chief animal services officer shall additionally collect an amount
as specified by council from time to time by resolution to defray
costs of feeding and caring for impounded animals.
(Ord. 1835 § 9, 2008)
Notwithstanding any provision in this chapter to the contrary,
Food and Agriculture Code Sections 17001, et seq., should be complied
with in reference to estray bovine animals, horses, mules, or burros.
A.
Any
person who offers or provides, whether for compensation or otherwise,
any dog or cat for sale or other type of transfer, shall disclose
to the transferee information regarding the license requirements of
the city of Upland applicable to the transferred animal.
B.
No person
shall present any live animal for sale, adoption, barter, exchange
or adoption, whether for compensation or otherwise, in any public
place. The term "live animal" as defined by this section shall include,
but is not limited to, dogs, cats, birds, fish, poultry, rabbits and
livestock. The term "public place" as defined by this section, shall
include, but not be limited to, streets, highways, sidewalks, carnivals,
shopping malls, swap meets, and areas in front of commercial establishments.
This prohibition shall not apply to:
1.
Government
agencies; non-profit animal rescue organizations exempt from taxation
under Internal Revenue Code Section 501(c)(3); or humane societies
or societies for the prevention of cruelty to animals if such societies
are incorporated under the provisions of California Corporations Code
Section 10400 and the Non-profit Public Benefit Corporation Law in
Part 2 of the California Corporations Code, beginning at Section 5110;
2.
Dog
or cat shows;
3.
Pet
stores which sell or otherwise transfer live animals, whether for
compensation or otherwise, within the store; or
4.
Livestock
auctions or similar activities.
C.
No person
shall give away any dog or cat as a prize or as an inducement to enter
into any contest, lottery, drawing, game or competition.
D.
No person
shall give away any dog or cat as an inducement to enter a place of
business, or to enter into a business arrangement.
E.
No person
shall sell, barter, exchange or offer for adoption, whether for compensation
or otherwise, any live animal to any minor under the age of 18 years,
without the written permission of one of the minor's parents or legal
guardians.
(Ord. 1835 § 9, 2008)
Any violation of this chapter shall be subject to penalty as provided in Chapter 1.16 of this code.
(Ord. 1835 § 9, 2008)
