Banning Municipal Code Ch. 6.12 Dogs and Cats

No person shall own or harbor any dog over the age of nine months within the city that has not been spayed or neutered unless:

A. The person holds an unaltered animal license for the animal pursuant to this title; or

B. Dogs and cats that are unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity. Written confirmation from a licensed veterinarian is required to qualify for this exemption; or

C. The animal(s) are registered as working guide dog, service dog or police dog, thereby exempted from the provisions of this section; or

D. Competition dogs and cats.

(Ord. No. 1573, § 2, 5-25-21)

No person shall harbor, keep, or maintain within the city any dog four months or older which does not have a current license.

A. License Issuance. Pet licenses shall be issued by the city and/or the animal control authority. License fees are made payable to the city according to the schedule approved by resolution of the city council.

B. No person shall own or possess more than four dogs in any household unless it is a kennel or a licensed veterinarian.

C. No person shall own or possess any dog over four months old unless the dog has been licensed and vaccinated as required by this title. If ownership of a licensed dog changes, the new owner shall obtain a transfer license within thirty days of obtaining the dog. When an unlicensed dog is brought into the city, the owner or possessor shall obtain a license for the dog within ten days.

D. The animal control officer may require any person owning, possessing, harboring, or controlling any animal for which a license or permit is required under this chapter to produce any required license or certificate of rabies vaccination for inspection. Any person who fails to produce a required license or certificate of rabies vaccination for inspection by the animal control officer after a demand for inspection, is in violation of this section.

(Ord. No. 1573, § 2, 5-25-21)

No person shall sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. No person in the city shall publish or advertise to city residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number, provided, however, that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter(s).

(Ord. No. 1573, § 2, 5-25-21)

It is unlawful for any person to keep and maintain any cat or dog within the city for the purposes of maintaining a kennel or cattery without obtaining and maintaining a current license therefor. In addition, each animal maintained in the kennel or cattery must have a current license.

(Ord. No. 1573, § 2, 5-25-21)

A. The animal control officer and the planning department may require setback; additional setback, fencing, screening, or soundproofing as may be deemed necessary to insure the compatibility of the kennel or cattery with the surrounding neighborhood. Factors to be considered in determining such compatibility are:

1. Statements regarding approval/disapproval of surrounding neighbors relative to maintenance of a cattery or kennel at the address applied for.

2. History of animal control complaints relating to the cats and dogs of the applicant at the address for which the cattery or kennel is applied for.

3. Facility specifications/dimensions in which the cats and dogs are to be maintained.

4. Animal size, type, and characteristics of breed.

5. The cattery or kennel has complied or can comply with requirements established for such uses in the city's zoning code.

B. The cattery or kennel shall limit dog and cat reproduction to no more than two litters per license year per female cat, and one litter per license year per female dog:

C. Each cat and dog in the cattery or kennel shall have current and proper immunization from disease according to the species and age. Such will be generally accepted by the veterinary community and shall take into consideration basic animal health standards and state mandated rabies control protocol.

(Ord. No. 1573, § 2, 5-25-21)

Upon proper application and payment of the license fee, a serially numbered license tag, stamped with the name of the city and the year of issue shall be issued for a dog which has been properly vaccinated in accordance with section 6.08.140. The tag shall be affixed to the dog at all times. Whenever a license tag is lost or damaged, the owner or possessor shall obtain a replacement from animal control within thirty days.

(Ord. No. 1573, § 2, 5-25-21)

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 obtained. The license renewal fee shall be due and payable at the expiration of the license period.

B. The license fee is delinquent sixty days after it becomes due and payable, and an additional fee shall be collected for the issuance of the license. The additional fee may be waived by animal control but only on a showing of good cause and only if the dog is not being held as a stray.

C. A fee shall not be collected or required for any dog license issued for a seeing-eye dog or a hearing-ear dog use any partially or totally blind or deaf person.

(Ord. No. 1573, § 2, 5-25-21)

A. Dog licenses.

1. Pet licenses for unaltered dogs will be valid for a maximum term of one year from the date of issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs will be valid for an optional one, two, or three years. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month.

2. Applications for pet license(s) shall be on forms provided by the city animal control authority.

3. License tags shall be attached to an appropriate collar for the species and worn by dogs at all times.

B. Dog license fees. Licensing fees will be established by resolution adopted and approved by the city council.

(Ord. No. 1573, § 2, 5-25-21)

No person shall place any sentry dog on a premise, unless the premises is posted to warn of the dog's presence and unless the sentry dog is fenced within the premises or confined within the building. Signs shall be placed at fifty foot intervals around the perimeter of the area guarded by the sentry dog and at all entrances and exits to the area.

The signs shall have minimum dimensions of ten inches by fourteen inches and shall contain black lettering on a white background stating:

WARNING—

SENTRY DOG ON DUTY

and shall also depict the head of a dog with bared fangs. The sign shall also set forth the name, address and telephone number of the sentry dog company furnishing the dog for hire, if any, and the telephone number of the owner or caretaker of the premises. Each sentry dog shall be registered and tagged.

(Ord. No. 1573, § 2, 5-25-21)

The city council, by resolution, will adopt and revise the fee and fine schedule to cover the reasonable costs incurred by the city in providing the services and regulations set forth in this title.

(Ord. No. 1573, § 2, 5-25-21)