[1]
For statutory provisions authorizing cities to impose an annual license fee on dogs, see Government Code § 38792; for provisions on regulation and licensing of dogs generally, see Food and Agriculture Code § 30501 et seq.; for provisions on rabies control, see Health and Safety Code § 1900 et seq.; for provisions on impounding, see Food and Agriculture Code § 31101 et seq.
It is unlawful for any person owning or having charge of any dog to have or permit the dog to be within the City without a current dog license issued by the City Clerk. The license shall be attached to a collar or harness worn by the dog when not on the owner's premises.
(Ord. 201 C.S. § 1, 1969; Ord. 291 C.S. § 3, 1973; Code 1975 § 380)
The provisions of CMC § 6.04.010 shall not apply to:
A. 
Any dog less than four months of age;
B. 
Any dog owned by or in the custody of a visitor to the City, for the first 30 days of such visit; provided, the dog is not permitted to run at large;
C. 
Any dog licensed elsewhere within the County for the current license year.
(Ord. 201 C.S. § 1, 1969; Ord. 291 C.S. § 3, 1973; Code 1975 § 380.1)
The license year for dogs shall be that established by the County of Monterey.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 380.2)
Every person owning or having charge, care or control over any dog shall, immediately after the dog attains the age of four months and at intervals of not less than 24 months thereafter, have the dog vaccinated by a licensed veterinarian with a canine anti-rabies vaccine of a type approved by the State Department of Health. No license shall be issued without written proof of such vaccination.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 381)
All dogs under four months of age shall be kept confined to the premises of the owner or under restraint and shall not be permitted to run loose.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 381.1)
The fees for the licensing of dogs within the City shall be those established by the County of Monterey.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 381.2)
All dogs or other animals not reclaimed or redeemed at the County animal shelter shall be disposed of in such manner as may be established by County of Monterey ordinance.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 381.4)
It shall be the duty of the Chief of Police or her/his authorized representative or such agency so designated by a joint powers agreement entered into between the City and any other public agency to enforce this chapter.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 384.1)
It is unlawful for any person to interfere or attempt to interfere in any manner with any duly authorized enforcement officer in the performance of any duty imposed by the provisions of this chapter. It is unlawful for any person to take or attempt to take any dog or other animal seized pursuant to the provisions of this chapter from custody or impoundment without the permission of an authorized enforcement officer.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 384.2)
[1]
For statutory provisions on animal regulations, see Food and Agriculture Code § 16301 et seq.
It is unlawful for the owner of any dog or other animal, or person having charge or control over the dog or other animal, whether licensed or unlicensed, to suffer, permit, or allow the dog or other animal to run at large on any public street, alley, park, square, or place, or on any vacant or unenclosed lots or land within the commercial zones or zone A-2 of the City. All dogs and other animals shall be deemed running at large within the meaning of this chapter unless led or restrained by a chain, strap, or cord attached to their collars and which is actually held by some person or made fast to some stationary object. It is unlawful for any person owning or having the custody of any dog or dogs, except guide dogs engaged in guiding a blind person, to permit the same to enter any grocery store, meat market, fruit or vegetable store or restaurant in the City or to contaminate any food stuffs delivered to any such store and deposited on any sidewalk or in any yard contiguous thereto.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 630)
A. 
Running at Large Unlawful. It is unlawful within the residential zones of the City (R-4 and R-1 districts) for the owner of any dog or other animal, or person having charge or control over said dog or animal, whether licensed or unlicensed, to suffer, permit or allow said dog or other animal to run at large on any public street, alley, park, square or place, or on any vacant or unenclosed lots or land, or on any developed private property without the consent of the owner, occupant or tenant of the property.
B. 
Running at Large Defined. A dog or other animal shall be deemed "running at large" within the meaning of this chapter unless under voice command as defined herein, or led or restrained by a chain, strap or cord attached to its collar and which is actually held by some person or made fast so some stationary object. A dog shall be deemed "under voice command" only if: 1) the owner of the dog or person having charge or control over the dog has on her/his person or attached to the dog a chain, strap or cord enabling the person to quickly put the dog on leash; 2) the dog is not more than 25 feet from the person at any time; 3) the dog will return to within three feet of the person upon command; and 4) the dog will remain within three feet of the person when other persons or animals are present. If any of these four criteria are not met, a dog shall not be deemed under voice command and, unless on leash, shall be deemed to be running at large.
C. 
Exclusions From Prohibition. Domestic cats are excluded from the applicability of this section. "Domestic cats" means cats of species which are customarily tame and kept as pets. "Domestic cats" shall not mean any members of the cat family which are tamed but are customarily wild or are big cats such as bobcats, mountain lions, lions, ocelots, leopards or the like.
(Ord. 82-10 § 1, 1982; Code 1975 § 630.01)
It is unlawful for any person to ride, drive, lead or permit any horse, mule or donkey on the beaches and sand dunes owned by the City, east of the mean highwater line of the beaches, except for an access strip of land bounded by the westerly prolongation of the northerly and southerly lines of Santa Lucia Avenue and the contiguous strips of land 50 feet in width on either side of the strip of land.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 630.1)
It is unlawful for the owner or person having charge of any dog to permit the dog to run at large on any City-owned beachlands or on any City-owned park lands unless the owner or person having charge is also present and in control of the dog at such time as it is running loose.
(Ord. 201 C.S. § 1, 1969; Ord. 77-1 § 1, 1977; Code 1975 § 630.2)
On Scenic Road from its eastern property edge to the base of the beach embankment between Eighth Avenue and the south City limits, all dogs and other animals shall be deemed running at large within the meaning of this chapter unless led or restrained by a chain, strap, or cord attached to their collars which is actually held by a person or made fast to a stationary object.
(Ord. 89-25 § 1, 1989)
It is unlawful for the owner or the person having charge of any dog to permit such dog, unless a guide dog for the blind, to enter Devendorf Park, whether on a leash or not.
(Ord. 268 C.S. § 1, 1972; Code 1975 § 630.3)
It is unlawful for the owner or the person having charge of any dog, having knowledge that the dog has menaced, attacked or bitten any person or domestic animal, to permit the dog to run at large or to be at liberty anywhere within the City, other than enclosed within private property from which it cannot escape, unless the dog is wearing a muzzle. Further, such dogs shall not be tethered on any sidewalk or public property unless similarly muzzled.
(Ord. 201 C.S. § 1, 1969; Ord. 291 C.S. § 1, 1973; Ord. 312 C.S. § 1, 1974; Code 1975 § 631)
Any violation of CMC § 6.08.050 shall be a misdemeanor and when involving attacking or biting a person shall result in the dog being impounded and checked for rabies in the animal shelter for a period of 10 days and the fees therefor shall be paid by the owner or person having charge of said dog prior to release of the animal from custody. This penalty shall be in addition to any other fines imposed for violations of this code.
(Ord. 201 C.S. § 1, 1969; Ord. 291 C.S. § 2, 1973; Ord. 78-9 § 3, 1978; Code 1975 § 631.01)
A person shall be deemed to be menaced as contemplated in this chapter when a dog, not on the property of its owner or person having charge of the dog, directs hostile or vicious behavior toward a person by growling, barking or doing some other act likely to cause fear so as to put the person in fear of personal bodily harm. A domestic animal shall be deemed to be menaced as contemplated in this chapter when a dog, not on the property of its owner or person having charge of the dog, directs hostile or vicious behavior toward a domestic animal by growling, barking or doing some other act likely to cause fear so as to put the owner of the domestic animal, a member of the owner's family or the person having charge of the domestic animal in fear of bodily harm to the domestic animal.
(Ord. 312 C.S. § 2, 1974; Code 1975 § 631.02)
It is unlawful for the person owning or having charge, care or control over any female dog to permit any such dog to run at large while in heat or season and every such female dog found so running at large shall be immediately seized and impounded.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 631.1)
It is unlawful for the owner of any horse or other domestic animal to permit the same to be or run at large, or to pasture, herd, stake, or tie the same for the purpose of grazing, in or upon any public street, alley, park or public place within the City or upon any private property within the corporate limits of Carmel-by-the-Sea without the consent of the owner or occupant of such property first having been had and obtained; or for such animals, or any of them, to be staked or pastured within 50 feet of the residence of any person without the consent of such person first having been had and obtained.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 632)
It is unlawful for any horse or other domestic animal to be herded or driven by any person or persons along or upon any street, lane, alley, or other public place in the City unless a leash, rope or other such contrivance be securely fastened to any such animal so herded or driven and held by the person driving or herding the same.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 632.1)
A. 
It is unlawful for any person, having the right and ability to prevent, to knowingly, or carelessly or negligently permit any dog or other animal to commit any nuisance upon any sidewalk or any public street, avenue, park, public square or place in the City or upon the fences of any premises, or the walls or stairways of any building, abutting on a public street, avenue, park, public square or place; or upon the floor of any theater, store, or any building which is used in common by the public, including all public rooms or places therewith connected; or upon the floor of any hall, stairway, or office of any hotel or lodginghouse which is used in common by the guests thereof; nor shall any such person omit to do any reasonable and proper act, or take any reasonable and proper precaution, to prevent any such dog or other animal from committing such a nuisance in, or upon any of the places or premises herein specified.
B. 
For the purpose of this section "nuisance" shall mean defecation or urination.
C. 
Any person walking or otherwise out with a dog or other animal which the person owns or over which the person has charge, custody or control shall carry all materials and implements necessary to pick up and carry away the feces of such dog or other animal.
D. 
Any person owning or having charge, custody or control over a dog or other animal shall, immediately upon noticing or receiving notice that the dog or other animal has defecated upon any private property owned by another, condominium common elements, public property or any other property used in common by the public, remove all feces and dispose of it in a sanitary manner.
(Ord. 201 C.S. § 1, 1969; Ord. 78-19 § 1, 1978; Ord. 79-21 § 15, 1979; Code 1975 § 632.2)
It is unlawful, and is declared a nuisance, for any person or persons to keep or cause to be kept any swine or barnyard fowl, with the exception of chicken hens, within the corporate limits of the City.
(Code 1975 § 632.3; Ord. 201 C.S. § 1, 1969; Ord. 2011-01 (Exh. A), 2011; Ord. 2013-02 (Exh. A), 2013)
It is unlawful for any owner or tenant of any building site within the City to keep, harbor, or maintain or to permit any other person to keep, harbor or maintain more than four adult cats and dogs, or any combination thereof, on any building site of 8,000 square feet or less, within the City. On building sites in excess of 8,000 square feet, one additional dog or cat shall be permitted for each additional 2,000 square feet of building site area, but in no case to exceed a total of 12 such animals on any building site, regardless of its size. For the purposes of this section, an adult dog or cat shall be one which has reached the age of 12 months. In the absence of proof of age, other than that based on the physical condition of the animal, the determination of the City Health Officer on the age of the animal, based on the animal's physical condition, shall be final. It is further declared a nuisance to keep, harbor or maintain more than the permitted number of adult cats and dogs, or any combination thereof, on any building site within the City. This section does not apply to authorized veterinary hospitals.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 632.4)
It is unlawful for any person owning or having custody of any bird or animal to permit the bird or animal to produce or emit continuous or frequently repeated loud noises, including barks, howls and brays, of a degree of loudness sufficient to be audible at a distance of 50 feet.
(Ord. 203 C.S. § 1, 1969; Code 1975 § 632.5)
It shall be the duty of the Chief of Police or her/his authorized representative, or such agency so designated by a joint powers agreement entered into between the City and any other public agency, to enforce this chapter.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 633)
It is unlawful for any person to interfere or attempt to interfere in any manner with any duly authorized enforcement officer in the performance of any duty imposed by the provisions of this chapter. It is unlawful for any person to take or attempt to take any dog or other animal seized pursuant to the provisions of this chapter from custody or impoundment, without the permission of an authorized enforcement officer.
(Ord. 201 C.S. § 1, 1969; Code 1975 § 633.1)
A. 
It is unlawful for any person to feed, offer food, or in any manner provide food as sustenance or to encourage domesticity to any nondomesticated animal, including raccoons, deer, beechy ground squirrels, grey squirrels, or pigeons, on private and public property, including any public way, street, or park, within the City limits of the City of Carmel-by-the-Sea, subject to the following exceptions:
1. 
The feeding of birds on private property is exempt.
2. 
The feeding of birds in parklands is exempt; however the distributing of bird food or large quantities of bread or similar foods intended as bird food on municipal property within the business district, or any sidewalk, pathway, planter box or street within the City limits is prohibited.
3. 
Injured or ill nondomesticated animals may be fed as necessary to sustain life or ease suffering between the time of notification of the injury or illness to the City's Animal Control Officer or other appropriate authority and the time said authority takes possession of the animal(s).
B. 
Any violation of this section shall constitute an infraction.
(Ord. 92-14 § 1, 1992)
A maximum of two chicken hens may be permitted per building site in the R-1 district only. All requests to keep chicken hens shall comply with the following requirements:
A. 
No roosters are permitted;
B. 
All chicken hens must be kept and secured within an enclosure of metal chicken wire, or other suitable material as to prevent the escape of any hens. The enclosure shall be maintained in good repair and no chicken hen shall be allowed to run at large on public or private property. Chicken hens may be permitted outside of an enclosure on the applicant's property only when attended;
C. 
No enclosure shall exceed 20 square feet in size and five feet in height above grade;
D. 
The enclosure shall comply with all applicable R-1 standards as defined in Chapter 17.10 CMC and no commercial uses are permitted. Chicken enclosures shall not be visually prominent from the street;
E. 
A Track 1 Design Study application shall be submitted to the Department of Community Planning and Building for approval of the location and design of the enclosure prior to installation. Upon receipt of an application, the City shall cause that a notice be provided by mail and by hand delivery to all properties within 100 feet of the site indicating that an application has been filed. A public hearing with the Planning Commission shall be required if a concern is filed in writing within 10 business days of the date the notice is delivered;
F. 
Animal excretion shall not be permitted to accumulate so as to become offensive to any neighboring property;
G. 
Slaughtering of chicken hens shall not be permitted within the City limits;
H. 
The keeping of chicken hens shall not result in a public or private nuisance; and
I. 
Failure to comply with any of these requirements may result in the revocation of the permit.
J. 
No more than five permits shall be issued by the City.
(Ord. 2011-01 (Exh. A), 2011; Ord. 2013-02 (Exh. A), 2013)