Arroyo Grande Municipal Code Ch. 6.16 Dogs and Cats

It is unlawful for any person or persons to own, harbor or maintain at any single-family dwelling more than three dogs, four months of age or older, without obtaining the appropriate permit.

(Prior code § 6-1.17)

It is unlawful for any person or persons to own, harbor or maintain at any single-family dwelling more than three cats, four months of age or older, without first obtaining the appropriate permit.

(Prior code § 6-1.57)

A "stray dog" is any dog, licensed or unlicensed, which is in or on any public road, highway, street, alley, square, park, school ground, or other public place or in or upon any lot, premises or property of another when not accompanied in the near vicinity by the person owning, having interest in, harboring, or having charge, care, control, custody or possession of such dog. Any stray dog shall be immediately seized and impounded by the department.

(Prior code § 6-1.19)

It is unlawful for any person to suffer or permit any dog owned, harbored or controlled by him or her to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the incorporated area of the city, unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog or unless the dog is securely confined in a vehicle or unless the dog is at heel beside a person and obedient to that person's command.

Dogs used on farms and ranches for the primary purpose of herding livestock are not required to be leashed or at heel beside their owner or person controlling the use of these dogs while on a public street, alley, lane or place of whatever nature open to and used by the public in the incorporated area of the city while herding such livestock and as long as these dogs are obedient to the commands of the person controlling their use for this purpose. Dogs used for the primary purpose of hunting are not required to be leashed or at heel while used in hunting, as long as these dogs are obedient to the commands of the person controlling their use for this purpose.

(Prior code § 6-1.20)

It shall be the duty of the department to seize and impound, in a lawful manner and subject to the provisions of this chapter, all stray or unlicensed dogs found within the incorporated area of the city.

(Prior code § 6-1.22)

Any dog found running at large on any private property in the city may be taken up by the owner or possessor of the property and delivered to the department or detained on the property until picked up by the department as provided in Section 6.16.070.

(Prior code § 6-1.23)

Every person taking up any dog under the provisions of this chapter and every person finding any lost, strayed or stolen dog shall, within twenty-four (24) hours thereafter, give notice thereof to the department; and every such person in whose custody such dog may, in the meantime, be placed shall surrender such animal to the department without fee or charge; and the department shall thereupon hold and dispose of such dog in the same manner as though such dog had been found running at large and impounded by the department.

(Prior code § 6-1.24)

As soon as possible, but not later than twenty-four (24) hours after impounding any dog currently licensed under the provisions of this chapter, the department shall notify the registered owner, or person having control of the dog, by written or oral communication that such dog is impounded and that it must be redeemed within three business days from the date of such communication; and, unless redeemed, the dog will be disposed of in any manner provided by this chapter.

(Prior code § 6-1.25)

The department shall securely keep any dog impounded for a period of three business days, unless the dog shall be sooner reclaimed or redeemed by the owner or person having control thereof or as provided in Section 6.16.130. A dog wearing a current license tag when impounded shall be held for seven business days, unless the owner or custodian is notified prior to that time, as in Section 6.16.080; and then the dog shall be held for three business days from such notification. Except as may be provided in this section, the owner or person entitled to the custody of the dog so impounded may, at any time before the sale or other disposition thereof, during the office hours of the pound, reclaim or redeem the dog by exhibiting to the department the license certificate or license tag showing that the license for the dog for the then current year has been paid and by paying the department any charges.

No fee whatsoever shall be charged or collected for or on account of any dog which has been unlawfully taken up or impounded. If the owner or person entitled to the custody of the dog believes that the dog has been unlawfully taken up or impounded, the owner or person may, within the seventy-two hour redemption period, request that an impartial hearing by a hearing officer from an outside department be conducted to determine the sole issue of whether the dog was lawfully seized and impounded. If a dog has unlawfully taken up or impounded, it shall be returned to its owner or the person entitled to the custody thereof.

(Prior code § 6-1.26)

The owner or person entitled to the custody of a dog impounded shall pay to the department, before such dog is released, the following:

A. Registration or license fee for the current year, unless such fee has been previously paid and evidence of paid fee is adequately exhibited; and

B. Impound fees for first, second, third, and subsequent impounds in a one-year period from the date of the first impound.

(Prior code § 6-1.27)

At any time after the expiration of the period of three days, the department may, without further notice and without advertising in any manner, sell, give away, or dispose of in a humane way any dog not reclaimed or redeemed as aforesaid; provided, however, the department may not sell, give away, or transfer title of any dog or any other animal to an institution engaged in the diagnosis or treatment of human or animal disease or in research for the advancement of veterinarian, dental, medical or biologic sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs. The department may not sell or give away any female dog that has not been spayed or any male dog that has not been neutered, unless a deposit toward the cost of spaying or neutering such dog, as determined and promulgated by the department, has been deposited. Deposit is refundable through normal county refund procedures, upon proof of sterility.

(Prior code § 6-1.28)

All injured dogs and cats found without their owners in a public place shall be taken to a veterinarian, known by the department to be a veterinarian that ordinarily treats dogs and cats, for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized and given emergency, stabilizing treatment.

(Prior code § 6-1.29)

A dog or cat taken into custody by the department, which by reason of injury, disease, or other good cause as determined by a licensed veterinarian as dangerous or inhumane to keep impounded, shall be forthwith destroyed by the department in a humane manner, unless the owner or person entitled to the custody of the dog can be notified by the department within a reasonable period of time to arrange and provide for medical care. The department shall release such dog to its owner or person having control thereof upon payment of the redemption fees and other charges as provided in this title. However, if the licensed veterinarian determines that the dog is diseased and by reason of such disease is dangerous to persons or to other animals or to the general health and welfare of the county, the department shall destroy the dog. Injured or diseased animals may be humanely destroyed without regard to the prescribed holding time, in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease.

(Prior code § 6-1.30)

It is a misdemeanor for any person to suffer or permit any dog or other animal owned, harbored or controlled by him or her to inflict upon any human being a bite that penetrates the skin while the person bitten is on any public place or legally upon any private property. The person bitten may request the animal control officer to initiate criminal proceedings against such other person by submitting a signed, written complaint.

(Prior code § 6-1.33)

Upon written notice by the department, the owner or person having the control of any dog which has, within the preceding ten (10) days, bitten any person or animal shall, upon demand, and in the discretion of the department, do one of the following:

A. Confine the dog to his or her own premises;

B. Surrender the dog to the department, which shall impound and keep the dog at the public pound in a separate enclosure for a period of not less than ten (10) days;

C. Surrender the dog to a licensed veterinarian as designated by the department; or

D. Surrender the dog to the department for quarantine at any other location or facility designated and approved by the department.

If the dog is quarantined on the premises of the owner, the department may post a quarantine sign on such premises; and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the department. Any quarantine provided in this section shall be for a term of not less than ten (10) days, unless otherwise specified by the department. During the period it shall be the duty of the department to determine whether or not such animal is suffering from any disease. If a duly licensed veterinarian, designated by the department, shall determine that the animal is diseased and, by reason of such disease, is dangerous to persons or to other animals, he or she shall so notify the department in writing to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the animal.

If the veterinarian shall determine that the dog is not so diseased, the department shall notify the person owning or having control of the animal at the address from which the animal was surrendered to the department and shall, upon demand, release the animal to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, including expenses of quarantine and veterinary care; provided, however, that if no person lawfully entitled to such animal shall, within three days after the date of giving the last-mentioned notice, appears at the public pound and requests release of the dog and pays the charges, the animal may be sold or destroyed by the department in the same manner hereinbefore provided.

Whenever a dog is ordered to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged.

(Prior code § 6-1.34)

Except as provided in Section 6.16.260, it is unlawful to own, keep or control any dog unless and except a license has been procured therefor as herein provided. This section shall have no application to dogs under the age of four months.

(Prior code § 6-1.37)

It is unlawful for any person owning, harboring or having the care, custody or possession of any dog to keep or maintain such dog in any place in San Luis Obispo County or except as provided in Section 6.16.180, unless such dog has been vaccinated as provided herein. This section shall have no application to dogs under the age of four months.

(Prior code § 6-1.38)

The department shall not license any dog until it has been vaccinated with canine rabies vaccine by injection or other method approved by the department during the time prescribed by state law or the rules and regulations of the State Department of Public Health, unless the owner or person in possession of the same submits a certificate from a licensed veterinarian, issued within the preceding sixty (60) days, stating that, in his or her opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog so excepted from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the dog, except when held upon a rope, chain, or leash. Any violation thereof by the owner or person in possession of such dog is unlawful.

(Prior code § 6-1.39)

The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a certificate of vaccination, which certificate shall include:

A. The type of vaccine used;

B. The date of vaccination;

C. The duration of vaccination;

D. Description of dog, including age, breed, sex and color;

E. Name and address of the owner of the dog; and

F. A copy of this certificate shall be sent to the department within thirty (30) days of vaccination.

(Prior code § 6-1.40)

Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee. Deposit is refundable upon proof of current vaccination certificate through normal county refund procedures. Proof of rabies vaccination shall be made to the department within thirty (30) days, or the license will be void.

(Prior code § 6-1.41)

The department shall maintain a record in which it shall, upon the application of any person owning or having the custody of any dog in the city and the payment to it of the license fee hereby prescribed, register the dog by entering in the record its name (if any), its sex and general description, whether it has been spayed or neutered, the name of its owner or custodian, the number of the tag issued therefor, the date of expiration of the rabies vaccine, the date of issuance, and the amount received for the license fee.

(Prior code § 6-1.42)

Upon exhibition of the proper evidence of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag with the number and one, two or three years stamped or cut thereon and the words "DOG LICENSE TAG—County of San Luis Obispo" stamped thereon, which dog tag shall be securely fastened to a collar or harness that shall be worn at all times by the dog for which the tag was issued, If the dog is exempted from vaccination, Section 6.16.180, the dog tag shall have a distinguishing mark as evidence of such fact.

(Prior code § 6-1.43)

Each license issued shall be effective for a period of one year, two years, or three years at the option of the owner, but contingent upon payment of all required fees, charges, and penalties required by this chapter and compliance with all conditions required for the issuance of a license.

A. A license will be valid from the date of issue and shall expire one year, two years, or three years from the date of issue, except when the performance of the rabies vaccination expires prior to that date. In such cases, the license will expire on the same date as the rabies vaccination.

B. License renewals shall be required prior to the expiration date of the license.

C. If renewal is not required, dog owners shall advise the department, in writing, of the reasons therefor.

(Prior code § 6-1.44)

The department shall collect a fee for dog licensing.

A. The owner or custodian of an unaltered dog may place a deposit for spaying or neutering with the department for a one-year license. This deposit shall be forfeited if the operation is not performed by the expiration date of the license.

B. A late penalty of twice the pre-penalty one-year license fee shall be charged if:

1. A license is not renewed prior to the expiration date;

2. Puppies are not licensed within thirty (30) days after reaching four months of age;

3. Any dog brought into this county is not licensed within thirty (30) days;

4. A person acquiring the possession of a dog over four months of age does not license it within thirty (30) days of taking possession.

C. Persons obtaining possession of any dog currently licensed by San Luis Obispo County shall, upon payment of a transfer fee, have ownership of dog changed.

(Prior code § 6-1.45)

If the tag issued for any duly registered dog shall be lost or accidentally destroyed during the period for which it is issued, the owner or custodian of such dog, upon making proof to the department of its loss or destruction, shall, upon payment of established fee, receive for such dog a duplicate tag.

(Prior code § 6-1.46)

The provisions of this chapter requiring the licensing of dogs shall not apply to:

A. Dogs under four months of age;

B. Dogs owned by, or in the custody or control of, persons who are nonresidents of the San Luis Obispo County, traveling through the city or temporarily staying therein for a period not exceeding thirty (30) days;

C. Dogs brought into the county exclusively for the purpose of entering the dogs in any dog show or exhibition and which are actually entered in and kept at such show or exhibition;

D. Dogs on sale in duly licensed pet shops or commercial animal operation; or

E. Dogs under the ownership, custody and control of the owner of a commercial animal operation, duly licensed under the provisions of this chapter, or his or her duly authorized employee or agent, when such dogs are removed from such bona fide operation thereof for the purpose of exercise or training; provided, that any such dog bear an identification tag attached to its collar, which tag shall set forth the name of the licensed operation. A dog bearing such identification tag shall be treated in all respects as any other dog in the event of its escape and subsequent impoundment.

(Prior code § 6-1.47)

A. Seeing-eye dogs and all dogs which served with the armed forces of the United States of America during any period of actual hostilities must be licensed or vaccinated under the provisions of this chapter; but their owner shall be exempt from the license fee therein imposed, providing adequate evidence can be furnished at such time the license is issued.

B. Dogs used by any governmental agency for the purpose of law enforcement must be licensed and vaccinated under the provisions of this title; but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued.

C. All dogs being raised and trained specifically to perform as seeing-eye dogs must be licensed and vaccinated under the provisions of this title; but their owners shall be exempt from the license fee as therein imposed, providing adequate evidence can be furnished at such time the license is issued.

(Prior code § 6-1.48)

It is unlawful for any person owning or having the care, custody or control of any dog in the county to refuse, fail or neglect to pay the license fee at the time and manner provided in this title or to refuse, fail or neglect to furnish to the department, the health officer, or any of their duly qualified and authorized deputies or employees the information necessary to properly license the dog.

(Prior code § 6-1.49)

No person shall imitate or counterfeit such dog registration tags. It is unlawful for any person to remove any tag from any dog not owned by him or her or not lawfully in his or her possession or under his or her control or to place on any dog any such license tag not issued as provided for above for that particular dog for the then current year or to make or to have in his or her possession or to place on a dog any counterfeit or imitation of any license tag.

(Prior code § 6-1.50)

It shall be the duty of the department to receive and impound all cats believed to have been abandoned by their owners.

(Prior code § 6-1.51)

Any cat found at large on any private property in the San Luis Obispo County may be taken up by the owner or possessor of the property and delivered to the department or detained on the property until picked up by the department, as provided in Section 6.16.320.

(Prior code § 6-1.52)

Every person taking up any cat under the provisions of this title and every person finding any lost, strayed or stolen cat shall, within twenty-four (24) hours thereafter, give notice thereof to the department; and every such person in whose custody such cat may, in the meantime, be placed shall surrender such animal to the department without fee or charge.

(Prior code § 6-1.53)

The department shall keep such cats for a period of three days, unless the cats are sooner reclaimed or redeemed by the owner or person having control thereof. Such redemption may be made by paying the department any charges as a fee per day for the care of the cats as imposed therein.

No fees whatsoever shall be charged or collected for or on account of any cat which has been unlawfully taken up or impounded. The owner of a cat who believes the cat has been unlawfully seized may request a hearing before an impartial hearing officer from outside the department.

(Prior code § 6-1.54)

At any time after the expiration of the period of three days, the department may, without notice and without advertising in any manner, sell, give away, or dispose of the cats; provided, the department may not sell, give away, or transfer title to any cats to any institution engaged in the diagnosis or treatment of human or animal disease or in research for the advancement of veterinarian, dental, medical or biologic sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs. The department may not sell or give away any female cat that has not been spayed or any male cat that has not been neutered, unless a deposit towards the cost of spaying and neutering such cat, as determined and promulgated by the department of animal regulation, has been deposited with the pound. Deposit is refundable through normal county refund procedures, upon proof of sterility.

(Prior code § 6-1.55)

Upon written notice by the department, the owner or person having the control of any cat which has, within the preceding ten (10) days, bitten any person or animal shall, upon demand and at the discretion of the department, do one of the following:

A. Confine the cat to his or her own premises;

B. Surrender the cat to the department, which shall impound and keep the cat at the public pound in a separate enclosure for a period of not less than ten (10) days;

C. Surrender the cat to a licensed veterinarian, as designated by the department; or

D. Surrender the cat to the department for quarantine at any other location or facility designated and approved by the department.

If the cat is quarantined on the premises of the owner, the department may post a quarantine sign on such premises; and it is unlawful for any person to remove the sign during the term of such quarantine without the consent of the department. Any quarantine provided in this section shall be for a term of not less than ten (10) days, unless otherwise specified by the department. During the period, it shall be the duty of the department to determine whether or not such animal is suffering from any disease. If a duly licensed veterinarian designated by the department shall determine that the animal is diseased and, by reason of such disease, is dangerous to persons or to other animals, he or she shall so notify the department in writing to destroy the animal. A copy of the notice may also be served upon the owner or person having control of the animal.

If the veterinarian shall determine that the cat is not so diseased, the department shall notify the person owning or having control of the animal at the address from which the animal was surrendered to the department and shall, upon demand, release the animal to the owner or person lawfully entitled thereto, upon payment of any charges provided therefor, including expenses of quarantine and veterinary care; provided, however, that if a person lawfully entitled to such animal shall, within three days after the date of giving the last mentioned notice, appear at the public pound and request the release of the cat and pay the charges, the animal may be sold or destroyed by the department in the same manner hereinbefore provided.

Whenever a cat is ordered to be quarantined on the premises of the owner, an administrative fee to cover the expense of monitoring the quarantine will be charged.

(Prior code § 6-1.56)