Chapter 6.04

6.04. 010   Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Animal control officer" is a person appointed by the city manager to function as a deputy of the animal control supervisor.

"Animal control supervisor" is the person appointed by the city manager to carry out and enforce the provisions of this chapter and resolutions of the city council adopted pursuant thereto.

"Household pets" includes dogs, cats, canaries, parrots and other similar animals and birds usually and ordinarily kept as household pets.

"Nonhousehold animals" includes but is not limited to horses, cows, sheep, goats, pigs, rabbits, pigeons, chickens, pheasants, guinea hens, ducks, geese, turkeys and any other domestic, domesticated, exotic or wild animal, bird poultry, fowl, reptile, and bees or other insects, other than those usually and ordinarily kept as household pets. (Prior code § 4-1)

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6.04. 020 Duties of animal control supervisor.

It shall be the duty of the animal control supervisor to make investigation concerning household and nonhousehold pets within the city, take up and deliver to the currently contracting pound all animals at large and unrestrained as described in this chapter, and in all other respects to enforce the provisions of this chapter and the resolutions of the city council adopted pursuant thereto. (Prior code § 4-1.1)

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6.04. 030 Enforcement provisions.

A. Authority of Animal Control Supervisor. In addition to other authority provided by law for making arrests, the animal control supervisor and appointed deputies are designated as public officers and are authorized to make arrested according to provisions of Sections 858.5 and 853.6 of the Penal Code of the state of California for the purpose of enforcing and carrying out the provisions of this chapter.

B. Enforcement Policy. It shall be the duty of the animal control supervisor to enforce the provisions of this chapter through the citation procedure against any person who violates any term of the provisions of this chapter and against any owner of an animal who allows or permits such animal to violate any term or provision of this chapter. (Prior code § 4-1.2)

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6.04. 040 Household pets.

Pursuant to the use permitted in residential zones, no more than two adult (six months or older) dogs or two adult cats, or a combination thereof amounting to no more than two shall be permitted as household pets in a residential dwelling. Any person keeping or maintaining more than two adult dogs or two adult cats or a combination of both shall make application for a permit to keep and maintain such animals, following the procedures set forth in Section 6.04.060. The application fee for said permit shall be fifty dollars ($50.00). (Prior code § 4-2)

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6.04. 050   Permit required to keep nonhousehold animals.

It is unlawful for any person owning, possessing or having the custody or control of any animal other than household pets to keep, harbor, possess or maintain any such animal within the city without first obtaining a written permit. A violation of this section shall be an infraction.

Exceptions: The provisions of this chapter shall not apply to the temporary keeping of nonhousehold animals in bona fide educational or medical institutions for the purpose of instruction or study, provided such animals are securely confined and are properly cared for in a manner satisfactory to the animal control supervisor. (Prior code § 4-3)

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6.04. 060    Permit.

A. Application. Any person desiring to keep, harbor, possess or maintain any nonhousehold animal as required under the provisions of this chapter shall make application for such permit in writing, addressed, and file the same with the general services department on a form to be supplied by that office. Each application shall be accompanied by an application fee, payable to the city, of an amount fixed by resolution of the city council, which shall be retained by the city to cover its costs in connection with the processing of such application and which shall not be refunded. Such application shall state the kind of animal for which the permit is desired, the location of the premises where the same is to be kept or maintained, and the manner in which the applicant proposes to keep the same, giving details as to enclosures, tethers, cages or other means which the applicant proposes to employ in the event the permit is granted and their distance from the nearest dwelling or other structure used for human habitation.

B. Hearing--Granting or Denial of Permit. Upon the filing of the application and the necessary accompanying reports, notices shall be posted in all directions for a distance of at least three hundred (300) feet from the place where such animals or fowl are proposed to be kept, and not more than fifty (50) feet apart, and shall notify the public that comments must be received by the general services director within ten days of the date appearing on the notice. Comments must be in writing, and must be specific. In addition, the general services department will conduct a neighborhood survey and report their findings in writing to the general services director within ten days of the date appearing on the notice.

If a permit is granted, the general services director may prescribe such terms and conditions in connection with any permit, including but not limited to the following:

1. That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others, and that the animal shall not be kept within thirty-five (35) feet of any residence or other building used for human habitation or within one hundred (100) feet of any school building, hospital building, or similar institutional building;
2. That adequate safeguards are made to prevent unauthorized access to such animal by members of the public;
3. That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement;
4. That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood;
5. That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health;
6. That the quarters in which the animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition;
7. That the applicant for such special permit prove his ability to respond in damages for bodily injury or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the animal control supervisor a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond to such damages, or by posting with the animal control supervisor a surety bond conditioned upon payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days' written notice is first given to the animal control supervisor.

It is unlawful for any person to whom any such permit may be issued to fail or refuse to comply with any of the terms and conditions so imposed.

C. Number of Animals Allowed. In no event shall a permit be issued for the keeping of more than two wild or nonhousehold animals or more than five domestic fowl (chickens, ducks or geese) at any single location.

D. Endorsement. Before any permit becomes effective the same must be accepted in writing by the permittee by the endorsement of the permittee accepting the permit upon the terms and conditions subject to which the same is granted, and agreeing to comply with and observe each and all of its terms and conditions.

E. Revocation. All permits issued under this chapter shall be temporary only and may be revoked by the general services department at any time without cause or liability should the department find that the keeping of such animal within the city unduly menaces, threatens or endangers lives or property or the life or property of any person. (Prior code § 4-4)

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6.04. 070    Appeals.

Upon the granting or denial of a permit or revocation, the applicant and all parties expressing concern shall be notified of the decision by the general services director in writing.

Appeals shall be in writing, including specific items of disagreement with the general services director's decision or findings. Appeals shall be filed with the city clerk's office within fifteen (15) days of the issuance of the report of decision and findings. The fee for appeals shall be an amount fixed by resolution of the city council. The filing of an appeal with the city clerk shall stay the decision of the general services director until the appeal has been acted on. When an appeal is filed, the general services director shall forward the record of the case to the city council. The city council shall conduct a public hearing. Such hearings shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its decision and findings within sixty (60) days of the closing of the hearing, unless good cause is shown for an extension of time. The council may incorporate by reference the findings of the general services director. Within thirty (30) days of the final decision on the administrative process, the city council shall mail notice to the appellant and applicant. A copy of this notice shall be included in the general services director's files. (Prior code § 4-4.1)

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6.04. 080    Unlawful to permit nonhousehold animals to endanger persons.

It is unlawful for any person owning, possessing or having the custody or control of any nonhousehold animal to allow pr permit such animal to be or run at large, or permit it to run loose or be tethered, or caged, in or on or within the premises of such person or in, on or within any premises in the city in such a manner as to endanger the life or limb of any person lawfully entering such premises. (Prior code § 4-5)

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6.04. 090    Unlawful to permit nonhousehold animals on public property.

It is unlawful for any person owning, possessing or having the custody or control of any nonhousehold animal to permit or allow the same to go loose, free, unrestrained or restrained, in any way in, along or upon any public street, sidewalk, way or place or any public park, playground, public beach or municipal pier within this city. (Prior code § 4-6)

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6.04. 100    Animal nuisances.

A. Defiling Property. It is unlawful for the owner or person having custody of any dog or other animal to permit, either wilfully or through failure to exercise due care or control:

1. Any such dog or animal to commit any nuisance, and to allow such nuisance to thereafter remain, upon any public or private property not owned or possessed by the owner or person in control of said animal, except that the person who owns, harbors, keeps or has charge or control of a dog (other than a sightless person who has charge or control of a guide dog) shall immediately and securely enclose all feces deposited by such dog in a bag, wrapper or other container and dispose of the same, all in a sanitary manner;
2. Any person (other than a sightless person with a guide dog) who has charge or control of a dog in a location other than of the property of such person or the property of the owner of the dog shall have in his or her possession, carried in full view a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this subsection. Failure of such person to carry such wrapper, bag or container when in charge or control of a dog in a location other than on the property if such person or the property of the owner of the dog or animal shall constitute a violation of this subsection.

For the purpose of this section a "nuisance" committed by a dog or animal shall mean defecation by said animal.

B. Violation. Violation of subsection A of this section shall be an infraction.  (Ord. 00-1209  §2, 12/12/00;  Ord. 95-1138 §1, 1995; prior code §4-31)

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6.04. 110    Violations of animal regulations.

Violations of this chapter are subject to the administrative penalty provisions of chapter 1.10.

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