As used in this chapter, unless the context otherwise indicates, the following definitions shall apply:
"At large"
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.
"Cat"
is intended to mean both male and female.
"Chief animal services officer"
means the person appointed by the city manager as chief animal services officer, or anyone acting under his or her supervision.
"Dog"
is intended to mean both male and female.
"Harbor"
means to feed or shelter an animal for two consecutive days or more.
"Impound"
means the taking into possession or control of any animal by the chief animal services officer under the authority of this chapter.
"Other animals"
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.
"Owner"
means any person or persons, firm, association or corporation owning, keeping, having control, custody or possession, or harboring a dog or other animal.
"Person"
means and includes any individual, company, firm, partnership, corporation, trust, limited liability company, and any association of persons or other legal entity.
"Premises,"
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.
"Residence"
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)
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.
D. 
Any person violating any provision of this section, including, but not limited to, violation of any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable as set forth in Section 1.16.020 of this code.
(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. 
It is unlawful for any person to keep or harbor 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 ("nuisance animal noise"). Such keeping or harboring any nuisance animal noise are hereby declared to be a public nuisance, and each day thereof shall constitute a separate offense.
B. 
Except as may be permitted by state law or as provided in subsection B.4, it is unlawful for any person to permit, allow, aid, or abet any nuisance animal noise, if such person either knows or reasonably should have known that any nuisance animal noise is occurring on property in that person's possession or control.
1. 
Any person who permits, allows, aids, or abets any nuisance animal noise on or from a property under their possession or control shall be deemed to have actual or constructive knowledge that nuisance animal noise is occurring if the person has not taken all reasonable steps to prevent the nuisance animal noise.
2. 
Any person who permits nuisance animal noise on or from property under their possession or control shall be rebuttably presumed to have actual or constructive knowledge if such person is present at such premises at any time during the time the nuisance animal noise has occurred.
3. 
It is the duty of any person in the possession or control of any property to take all reasonable steps to prevent nuisance animal noise on or from the property.
4. 
Any person who has possession or control of the property where nuisance animal noise is located and initiates contact with the City of Upland to request assistance in removing the cause of the nuisance animal noise from the property or otherwise terminating the nuisance animal noise shall not be deemed to be in violation of this chapter if such request for assistance is made before any other person contacts the City of Upland to complain about any violation of this chapter.
C. 
Enforcement of nuisance animal noise complaints related to this section is subject to the following:
1. 
The violation may occur at any time, day or night.
2. 
The nuisance animal noise must occur in the City of Upland.
3. 
The investigation shall include:
a. 
At least two formal written complaints signed under penalty of perjury and filed with the City of Upland are required from separate parties occupying separate properties that are within 200 yards of the property on which the nuisance animal noise is occurring, or
b. 
One formal written complaint signed under penalty of perjury and filed with the City of Upland is required from a party occupying property that is within 200 yards of the property on which the nuisance animal noise is occurring and the complainant shall provide video with audio surveillance showing continuous nuisance animal noise for at least 30 minutes in any 24-hour period, or intermittent nuisance animal noise for 60 minutes or more during any 24-hour period. The animal creating the nuisance animal noise shall be seen in the video with audio surveillance provided by the complainant.
4. 
An authorized enforcement official designated by the Chief of Police may enforce this chapter.
5. 
Upon receiving a formal written complaint, the enforcement official may send a courtesy letter to the animal owner, animal keeper, or person in possession or control of the property notifying the animal owner/keeper or person in possession or control of the property of the nuisance animal noise complaint in order to allow the animal owner/keeper or person in possession or control of the property the opportunity to promptly eliminate the nuisance animal noise.
6. 
The enforcement official shall allow for a minimum of 15 calendar days from the date the courtesy letter was sent to the animal owner/keeper or person in possession or control of the property for the nuisance animal noise to be eliminated.
7. 
If the nuisance animal noise continues, the enforcement official may serve a notice of violation on the animal owner/keeper and/or the person in possession or control of the property on which the nuisance animal noise is located. The notice of violation shall require the animal owner/keeper and/or the person in possession or control of the property to abate the nuisance animal noise within 15 calendar days.
8. 
If the nuisance animal noise continues after 15 calendar days from the date the notice of violation was sent to the animal owner/keeper and/or the person in possession or control of the property, the enforcement official may prepare a citation to be issued to the animal owner/keeper and/or the person in possession or control of the property. The citation shall only be issued if the complainant(s) signs a document provided by the city under penalty of perjury attesting the complainant(s) witnessed the nuisance animal noise violation, the complainant(s) is willing to assist in prosecuting the nuisance animal noise violation, and the complainant will testify in court or an administrative hearing regarding the nuisance animal noise violation.
9. 
The complainant(s) may provide photographs, video footage, audio recordings, logs, or other evidence along with eyewitness accounts to establish a violation of this section.
10. 
After the complainant(s) signs the citation, the enforcement official will issue the citation to the animal owner/keeper or person in possession or control of the property on behalf of the complainant(s) that signed the citation.
11. 
Any violation of this section is hereby declared to be a misdemeanor and a public nuisance punishable in accordance with Title 1 of this Code.
12. 
Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of the provisions of this section is committed, continued, or permitted by such person, and each instance shall be deemed separately punishable after the initial citation is issued.
13. 
A first violation of this chapter shall be subject to a fine of $250.00, a second violation of this chapter within one year of the first violation shall be subject to a fine $500.00, and each additional violation of this chapter within one year of the first violation shall be subject to a fine of $1,000.00. If a second or third citation occurs more than one year following a prior citation, than for purposes of calculating and imposing fines under this section, it shall be deemed to be the first violation.
14. 
The city may enforce any violation of this section by any and all means available under law, including, but not limited to, administrative enforcement, administrative fines, criminal prosecution, civil enforcement, restraining orders, and injunctions.
15. 
If a violation of this chapter is determined through an administrative hearing or court process, 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.
16. 
The penalties and remedies are cumulative and in addition to any other penalties and remedies available to the city including, but not limited to, those provided in Chapter 1.20 of this Code.
D. 
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.
E. 
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 private property without the consent of the owner or person in lawful possession or charge of the property.
F. 
The provisions of subsection E of this section shall not apply to any unsighted person 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 E 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.
G. 
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; Ord. 1994, 4/28/2025)
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)