Anderson Municipal Code Ch. 6.28 Dogs—generally

Footnotes:

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Editor's note— Ord. No. 817, § 2, adopted Aug. 21, 2018, amended Ch. 6.28 in its entirety to read as herein set out. Former Ch. 6.28, §§ 6.28.010, 6.28.015, 6.28.016, 6.28.020, 6.28.030, 6.28.031—6.28.038, 6.28.040—6.28.060, 6.28.061, 6.28.070—6.28.170, pertained to dogs, and derived from Ord. No. 703 (part), adopted 2001; Ord. No. 755, §§ A.II.—IV., V.B., adopted 2008; and Ord. No. 797, § 1, adopted Mar. 15, 2016.

* For statutory provisions authorizing cities to impose an annual license fee, see Gov. Code § 38792 and Agric. Code §§ 30501, 30502; for provisions governing rabies control, see Health & Saf. Code § 1900 et seq. See also Chapter 8.36, Rabies Control. Prior history: Prior code §§ 4.8—4.14 and 4.17—4.25 as amended by Ords. 259, 374, 444, 541 and 610.

Any person keeping or harboring any dog for fifteen consecutive days shall be deemed to be the owner thereof within the meaning of this chapter.

(Ord. No. 817, § 2, 8-21-2018)

A. It is unlawful and an infraction for the owner or keeper of any dog, whether licensed or not, to allow said animal to disturb the peace and comfort of any other person by persistent (meaning repeated occurrences in excess of ten minutes) howling, yelping, barking or by the making of other loud and unreasonable noise which disturbs or annoys residents of reasonable sensitivity of nearby properties; and interfere with their reasonable and comfortable enjoyment of life or property.

B. The police chief, or his designee, shall not be required to act upon an anonymous complaint or upon any other barking dog complaint unless the complainant first certifies under a written declaration executed under penalty of perjury that satisfies the scope of subsection D of this section. The police chief may require the complainant to first make such written declaration before investigating.

C. Unless the police chief, or his designee, actually observes the dog barking as specified in subsection A of this section, no criminal citation shall be issued by that officer. A complainant shall first make a written declaration and initiate a citizen arrest for the reasonable person, following which the police chief, or his designee, shall then issue the citation effecting the citizen arrest. The police chief, or his designee, may initiate an administrative action without prior notification should the complainant decline to affect a citizen arrest but has made a written declaration.

D. In order for a violation to be recognized and be processed under either subsection B or C of this section, the following requirements need to be established:

1. That the complainant has made at least one reasonable and civil verbal or written request to the owner or the person responsible for the custody and possession of the dog to either stop the dog from barking, or to eliminate the cause for the dog's disturbances. (This requirement may be waived for good cause where it may appear that there is a potential and credible threat to the physical well-being of the complainant);

2. That the dog can be heard audibly from an adjoining public right-of-way or at the exterior of any building on any immediately contiguous property adjacent to the property on which the dog is kept;

3. That the dog:

a. Was not acting in defense of its property against a trespasser; and

b. Was not being provoked by any person other than the owner of the property upon which the dog was situated or the person responsible for the dog;

A person who is merely a lawful passerby on a public street or sidewalk shall not be considered a source of provocation;

4. If complaints are received from three or more persons having separate residences or places of employment, that a dog is engaging in or has engaged in any of the activities described in subsection A of this section, there shall be a rebuttable presumption, not affecting the burden of proof, that a public nuisance exists or has occurred.

E. At the time of a first complaint, the complainant may be instructed to maintain a log to establish the following:

1. Date and time of barking episodes;

2. Duration of barking;

3. Address of violation;

4. Any factors, or the nonexistence of factors, which may have contributed to the barking, howling or yelping.

F. It shall not be a defense for a violation of subsection A of this section that there was no one at the premises at the time the dog was barking if the dog was left outdoors.

G. A violation of this section shall be an infraction.

(Ord. No. 817, § 2, 8-21-2018)

A. A dog that meets the criteria for a barking dog, established above, is presumed, not affecting the burden of proof, to be a public nuisance and is subject to abatement under the following terms and conditions:

1. The complainant must be a person other than the police chief or his designee.

2. The complainant must execute a written declaration under penalty of perjury establishing facts that bring the dog within the scope of Section 6.28.015 and request that proceedings to abate the barking dog be initiated. A nonrefundable fee set by resolution of the city council shall be deposited by the dog owner with the city to defray the city's reasonable costs of processing the abatement.

3. The police chief, or his designee, shall serve written notice upon both the complainant and the owner or handler of the dog, sent by both first class mail and certified mail, setting a hearing at which the owner or handler may show cause why the dog should not be abated as a public nuisance. The hearing shall be no sooner than five days, nor more than fourteen days from the date of the mailing. The hearing shall be informal and the rules of evidence shall not apply.

4. If a hearing officer appointed by the police chief determines that the dog is a public nuisance as defined as above, any of the following may be ordered:

a. The owner shall keep the dog indoors, within the residence, except for periods when the dog is supervised outdoors by a handler; and/or

b. The owner shall provide, attach and maintain an activated anti-barking collar device to be worn by the dog as specified by the hearing officer; and/or

c. Alternatively, the owner may elect to construct and maintain a sound proofed enclosure; or to have the dog's vocal cords surgically altered to eliminate the intensity of the bark, using a licensed veterinarian to perform the procedure; or to place the dog up for adoption with the police chief or his designee.

B. During such time as the owner complies with the terms of the abatement conditions in subsection A.4 of this section, no further criminal or administrative actions shall be taken. If the above measures are ineffective, the owner shall be issued a second written notice and be given a period not to exceed fifteen days to correct the animal's behavior. Further administrative or criminal actions may then be taken if the nuisance is not abated.

(Ord. No. 817, § 2, 8-21-2018)

No person owning or having charge, care, custody or control of any dog shall cause, permit or allow the same to be or to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog, in the city, unless such dog is restrained by a substantial chain or leash not exceeding six feet in length and is in the charge, care, custody or control of a competent person. Violation of this section shall be an infraction, punishable by a fine of thirty dollars if there have been no previous violation within a twelve-month period. For the second violation within a twelve-month period, the fine shall be seventy-five dollars. For the third and any further violations within a twelve-month period, the fine shall be one hundred fifty dollars.

(Ord. No. 817, § 2, 8-21-2018)

The provisions of this title do not prohibit permitting or allowing dogs to run at large on the premises of the owner or person having charge, care, custody, or control of such dogs, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulating season, to run at large on any ranch or undeveloped property when, within a radius of five hundred feet therefrom, there are situated not to exceed five residential or commercial establishment other than the residence of the person owning or having charge, care, custody or control of such dogs. The provisions of Section 6.28.020 shall not apply to the operations of police officers in the use of official police dogs while on duty.

(Ord. No. 817, § 2, 8-21-2018)

Dogs are permitted in the city's public parks but must be kept and maintained upon a leash. A violation of this section shall be punishable as an infraction.

(Ord. No. 817, § 2, 8-21-2018)

A. It is unlawful and an infraction for the owner or person having charge, custody, or control of any dog or other animal to fail to immediately remove and dispose of fecal matter in a sanitary manner, by placing in a closed or sealed container or depositing in a trash receptacle, any feces deposited by such animal upon public or private property, without the consent of the public or private owner or person in lawful possession of the property, other than the property owned or controlled by the owner or person having custody of such animal. This subsection does not apply to domestic cats.

B. Any person who has charge, custody, or control of an animal in a location other than on the property of such person or the property of the owner of the animal, shall have in possession a suitable wrapper, bag or container other than articles of clothing) for the purpose of complying with the requirements of this section.

C. The provisions of this section shall not apply to the unsighted persons being accompanied by a guide dog.

(Ord. No. 817, § 2, 8-21-2018)

No person shall have, harbor, or keep, or cause or permit to be harbored or kept, any unlicensed dog within the city. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. No. 817, § 2, 8-21-2018)

A. A license fee shall be paid for each dog over four months old. The license period shall be for thirty-six months or less, twenty-four months or less, or twelve months or less, commencing on the day the license is issued. The license renewal fee shall be due and payable on the same day the rabies vaccination expires.

B. The license fee is delinquent sixty days after it becomes due and payable and an additional fee may be collected for the issuance of the license if the fee is delinquent. This additional fee may be waived by the police chief or his designee but only on a showing of good cause and only if the dog is not being held as a stray or the owner has not been cited for the dog not being licensed.

C. The amount of the fees provided for in this chapter shall be established by resolution of the city council.

D. Notwithstanding the fee requirement set forth in subsection A of this section, no fees shall be charged for:

1. A dog of either sex which has been honorably discharged from the armed forces of the United States; or for

2. A dog of either sex owned by a blind person, if a certificate is filed with the police department executed by some recognized dog-training institution which certifies that such dog has been successfully trained to lead the blind.

(Ord. No. 817, § 2, 8-21-2018)

The fees provided for in this chapter shall be paid in advance to the Haven Humane Society.

(Ord. No. 817, § 2, 8-21-2018)

Before any license may be issued under the provisions of this title, a certificate in writing signed by some person duly licensed to practice veterinary medicine or surgery in the state, describing such dog and certifying that such dog has been vaccinated with a canine anti-rabies vaccine prescribed by the state department of public health, shall be exhibited to the police chief or his designee.

(Ord. No. 817, § 2, 8-21-2018)

A. It is unlawful and an infraction to own or possess a dog or cat over four months old unless it has been vaccinated against rabies and unless said vaccination is current.

B. It is unlawful and an infraction for any owner or possessor of a dog or cat over four months old to bring it into the city unless it is currently vaccinated against rabies.

C. A dog or cat is exempt from rabies vaccination during the time a veterinarian has verified in writing that vaccination would endanger the health of the animal.

(Ord. No. 817, § 2, 8-21-2018)

A license for an individual dog shall be in the form of a tag with the serial number thereof and the year for which issued, together with the words "City of Anderson." Other words or description may be inscribed by the police chief or his designee on the dog license with the approval of the city council. If the police chief or his designee is the county sheriffs' department, the usual county dog license may be used for the city license, provided there is in addition thereon in some noticeable place the words "City of Anderson."

(Ord. No. 817, § 2, 8-21-2018)

A license tag for an individual dog shall be securely affixed to a collar, harness or other device which shall at all times be worn by such dog except while such dog remains indoors or in any enclosed yard or pen. Failure of the owner so such dog to comply with the provisions of this section shall be an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. No. 817, § 2, 8-21-2018)

In case any license tag for an individual dog is lost or destroyed, a duplicate thereof may be procured from the Haven Humane Society upon submission of such proof as they may require and upon the payment thereof of the sum to be established by resolution of the city council.

(Ord. No. 817, § 2, 8-21-2018)

An unauthorized person shall not remove from any dog any collar or harness or other device to which is attached a license tag for the current year or remove such tag therefrom. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. No. 817, § 2, 8-21-2018)

No person shall use any tag for any dog except a tag issued for such dog under the provisions of this chapter. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. No. 817, § 2, 8-21-2018)

The provisions of this chapter do not apply to:

A. Any dog found within the city when the owner thereof resides in the unincorporated areas of the county or within another municipality within the county, and such dog is wearing or has attached to it a license tag for the current year issued by such county or municipality;

B. Any dog owned by or in the care or custody of a nonresident of the city and is traveling through the city or temporarily sojourning therein for a period of not exceeding thirty days;

C. Any dog brought into the city and kept therein for not to exceed thirty days for the exclusive purpose of entering the same in any show or dog exhibition or field trial or competition;

D. Any dog brought or sent into the city from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital.

(Ord. No. 817, § 2, 8-21-2018)

Any person upon whom any demand is made under authority of this chapter for the exhibition of any dog license or tag who fails or refuses to exhibit the same if he has it in his possession is guilty of an infraction.

(Ord. No. 817, § 2, 8-21-2018)

The police chief, or his designee, shall procure the number of license forms and tags needed each year and shall keep a register wherein shall be entered the name and address of each person to whom any dog license is issued, the number of such tag and the date of issuance thereof, and a description of the dog for which the license is issued.

(Ord. No. 817, § 2, 8-21-2018)

The police chief or his designee authorized under the provisions of this chapter, may enter upon any premises that any dog is kept or harbored or upon which he has reason to believe any dog is kept or harbored and demand the exhibition by the person owning or having charge or control of any such dog of any license or license tag for such dog for the current year provided for by this title.

(Ord. No. 817, § 2, 8-21-2018)