Article 5 — ANIMALS: PROHIBITIONS AND REQUIREMENTS

It is unlawful for a person owning an animal to do any of the following. A violation of this section is also a public nuisance, under § 1-2.01(D):

(A) Abandon the animal, except to surrender it to the Animal Shelter or Animal Control Supervisor; (see Cal. Penal Code § 597s.)

(B) Fail to license a dog over the age of four months, or allow a dog to leave its premises when the dog does not have a current license affixed to its collar; (see Cal. Food and Agric. Code § 30951.)

(C) Allow an animal to be at large (or to be at a public park, playground or school unless under leash restraint); (see definition of "at large" at §6-1.102.)

(D) Allow a dog to enter on private property without the consent of the person in possession of the property or to damage or destroy a lawn, tree, shrub, or other planting or any other improvement or thing of value on the property;

(E) Allow an animal to defecate on public property or private property of another without immediately cleaning up. The owner of each animal is responsible for the immediate removal of any excreta deposited by the animal anywhere but the owner's own property, and the sanitary disposal of the removal;

(F) Fail to clean up excreta on one's own property within a reasonable period of time;

(G) Allow a barking dog or another animal-related noise that continues for 30 minutes or more in any 24-hour period or intermittently for 60 minutes or more during any 24-hour period causing disturbance to any person regardless of whether the animal is physically situated on private property; (see definitions at § 6-1.102.)

(H) Allow a female dog to roam at large or remain accessible to other roaming dogs while the dog is in heat or breeding condition; (see Cal. Food and Agric. Code § 30954.)

(I) Allow an animal to be tethered or leashed on any street or other public place unattended, except temporary tethering or leashing (or tying in an appropriate and safe place) as the owner enters a store or public place for a specific purpose. In no case shall the temporary tethering exceed 15 minutes; (see Health and Safety Code § 122335; Penal Code § 597t.)

(J) Tether, fasten, chain, tie or restrain a dog to a dog house, tree, fence or other stationary object for any longer than three hours in a 24-hour period, except:

(1) To a running line, pulley, or trolley system (without a choke or pinch collar);

(2) As required by a camping or recreational area; or

(3) Other exception permitted under Cal. Health and Safety Code § 122335.

(K) Harbor or feed a feral cat except on one's own property;

(L) Beat, cruelly ill-treat, torment, tease, overload, overwork, or otherwise abuse an animal, nor cause, instigate, or permit any dogfight, cockfight, or combat between animals or animals and humans, excluding police canines. No parent may allow his minor child to so treat any animal; (see Cal. Penal Code § 597.)

(M) Own, keep or train a dog with the intent that the dog engage in an exhibition of fighting; or cause a dog to fight with or injure another dog, for amusement or gain; or permit either of those actions on premises under his or her control; (see Cal. Penal Code § 597.5.)

(N) Expose any known poisonous substance, whether mixed with food or not, so that the substance is liable to be eaten by an animal (except for a person to expose on his or her own property common rat poison mixed only with vegetable substances for the sole purpose of combating rat infestation);

(O) Permit an animal to engage in conduct that would constitute a public nuisance;

(P) Refuse to obey the conditions of a lawfully imposed quarantine;

(Q) Refuse to display an animal to the Animal Control Supervisor upon his or her request;

(R) Interfere with, obstruct, or hinder an Animal Control Supervisor or health officer in the discharge of the officer's duties under this chapter or state laws related to animal care and control;

(S) Violate this chapter or any state law regarding animals.

(Ord. 2083-C-S, passed 4-8-14)

(A) Food, water, shelter, veterinary care.

(1) No owner shall fail to provide his or her animal(s) with: adequate feed and water; proper, clean, and sanitary shelter and protection from the weather; and veterinary care when needed to

prevent suffering. (See Cal. Penal Code §§ 597.1 and 597f.)

(2) In this section, ADEQUATE FEED means the provision at regular intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff, served in a sanitary container, suitable for the species

and age, and sufficient to maintain a reasonable level of nutrition in each animal involved. ADEQUATE WATER means constant access to a supply of clean, fresh, potable water, provided in a sanitary manner, or provided at regular intervals for the species, never to exceed 24 hours at any interval.

(B) Overcrowding; sanitation. No person shall keep an animal overcrowd in any crate, box, or other receptacle, or fail to provide sanitation for the animal in the crate, box, or other receptacle.

(C) Confinement in vehicle.

(1) No person shall leave an animal confined in a motor or other vehicle without adequate ventilation that would deleteriously affect the ambient temperature immediately surrounding the animal. If

an animal is so confined, the Animal Control Supervisor, or any other enforcing authority, may enter the vehicle by whatever reasonable force is necessary to release the animal, without any liability upon the city or the enforcing authority for resulting damages. An animal in or on a vehicle is deemed to be upon the property of the vehicle's operator. (See Cal. Penal Code § 597.7.)

(2) No person shall transport an animal on a public street in a vehicle unless the animal is totally enclosed within the vehicle, within a secured container carried on the vehicle, or securely cross-

tethered to the vehicle in such a way as to prevent the animal from falling out of or off the vehicle, and to prevent injury to the animal.

(Ord. 2083-C-S, passed 4-8-14)

§ 6-1.503 [RESERVED]

Any person who, as the operator of a motor vehicle, strikes a non-wild, domesticated animal shall stop at once and render such assistance as may be possible and shall attempt to locate the animal's owner and inform him or her of the collision. If the owner cannot be ascertained and located, the operator shall immediately report the location of the injured animal to the Animal Shelter or to an appropriate law enforcement agency.

(Ord. 2083-C-S, passed 4-8-14)

(A) No sale as pet or novelty; no prize. No person shall sell, offer for sale, barter, give away, or publicly display a dog, cat or other animal (including but not limited to baby chicks, ducklings, or other fowl) as pets or novelties. (See Cal. Penal Code § 597.3.) No person shall give away a live animal as a prize for or as an inducement to enter: a contest, game, or competition; a place of amusement; or business agreement to attract trade. (See Cal. Penal Code § 599.)

(B) Exception. This section shall not be construed to prohibit:

(1) The sale or display of natural chicks or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for domestic consumption or

commercial purposes;

(2) The sale or display in humane display facilities of a dog, cat or other animal by a pet store engaged in the business of selling them, or animal shelter engaged in placing the animal as a pet; or

(3) The sale or gift of a pet or its offspring by the owner as a family pet, from the owner's private property.

(Ord. 2083-C-S, passed 4-8-14)

A person possessing a dead animal shall take the responsibility of disposing of it in a safe and sanitary manner that does not pollute drinking water. Upon the receipt of information that the body of an animal has not been properly disposed of in accordance with this section, the Animal Control Supervisor shall dispose of the body, and charge the costs to the owner, if known.

(Ord. 2083-C-S, passed 4-8-14)