Barstow Municipal Code Ch. 8.12 Potentially Dangerous and Vicious Animals

Footnotes:

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Editor's note— Ord. No. 871-2011, adopted Feb. 7, 2011, amended Ch. 8.12 in its entirety to read as herein set out. Former Ch. 8.12, §§ 8.12.005—8.12.150, pertained to dogs. See the Ordinance List and Disposition Table for full derivation.

State Law reference— Potentially dangerous and vicious dogs, Food and Agricultural Code § 31601 et seq.

It is the purpose and intent of this section to establish procedures pursuant to Food and Agricultural Code §§ 31601 and 31683 et seq. to deal with potentially dangerous and vicious dogs. Potentially dangerous and vicious dogs have become a serious threat to the safety and welfare of the citizens of this city. Attacks by potentially dangerous and vicious dogs on human beings and domestic animals are attributable to the failure of animal owners or keepers to register, confine and properly control vicious and potentially dangerous dogs. Potentially dangerous and vicious dogs are hereby declared a public nuisance.

(Code 1969, § 8.12.010; Ord. No. 871-2011, 2-7-2011)

(a) This chapter shall not apply to licensed kennels, humane society shelters, animal control facilities or veterinary clinics.

(b) This chapter shall not apply to any dog used in the performance of police or law enforcement work by any police department or any other law enforcement agency or law enforcement officer.

(Code 1969, § 8.12.020; Ord. No. 871-2011, 2-7-2011)

For the purposes of this chapter, the words set out in this section shall be defined as follows, except where the context clearly indicates a different meaning:

Potentially dangerous dog means:

(1) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior which requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog;

(2) Any dog which, when unprovoked, bites a human being;

(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog;

(4) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property, except private property on which that animal resides, in a menacing fashion or apparent attitude of attack;

(5) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or

(6) Any dog which engages in or is found to have been trained to engage in exhibitions of fighting.

Vicious dog means:

(1) Any dog seized under Penal Code § 599(aa) and upon the sustaining of a conviction of the owner or keeper under Penal Code § 297.5(a);

(2) Any dog which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a human being. Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery; or

(3) Any dog previously determined to be and currently listed as a "potentially dangerous dog" which, after its owner or keeper has been notified of its determination, continues the behavior described in the definition of potentially dangerous dog in this section, or any dog previously determined to be and currently listed as a potentially dangerous dog, which is not properly licensed and vaccinated, not properly restrained, not properly maintained so as to be contained on the owner's property and/or not in compliance with any specific orders made by the hearing officer.

(Code 1969, § 8.12.030; Ord. No. 871-2011, 2-7-2011)

(a) If an animal control officer, humane officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief of police, or his designee, shall set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.

(b) If, upon investigation, it is determined by the animal control officer, humane officer or law enforcement officer that probable cause exists to believe that the animal in question poses an immediate threat to public safety, then the animal control officer, humane officer or law enforcement officer shall seize and impound the animal pending the hearings to be held pursuant to this chapter. The investigating officer seizing the animal in question will conduct a thorough review of all facts and complete their investigation in a timely manner but should not exceed ten business days to complete their investigation unless extenuating circumstances exist, and if so, the owner or keeper of the animal in question shall be notified prior to the end of ten business days after the seizure of the animal in question that extenuating circumstances exist and the investigation will remain open until all facts have been reviewed and documented. The owner or keeper of the animal shall be liable to the city for the costs and expenses of keeping the animal if the animal is later adjudicated potentially dangerous or vicious.

(c) When an animal has been impounded pursuant to subsection (b) of this section and it is not contrary to public safety, the animal control officer, humane officer or law enforcement officer may permit the animal to be confined at the owner's expense in a city-approved licensed kennel or veterinary facility.

(d) The animal control officer, humane officer or law enforcement officer shall notify the owner or keeper of the dog that an administrative hearing will be held by the city, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious.

(e) The owner or keeper of the dog shall be served with notice of the hearing, either personally or by first class mail with return receipt requested or by first class postage pre-paid not less than ten business days before the time set for hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail.

(f) Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter.

(g) The hearing shall be open to the public.

(h) The chief of police or other person designated by the chief of police shall conduct the administrative hearing.

(i) Notice shall be substantially in the form set forth below:

Notice of administrative hearing re: determination and disposition of potentially dangerous or vicious dog. This is a notice of hearing before the Barstow City chief of police or his/her designee, to determine whether your dog (name of dog—description of dog if available) is a potentially dangerous or vicious dog. Your appearance is required on the following date, time and location: Date: _____ Time: _____, Location: ___________. If your dog is found to be a potentially dangerous and/or vicious dog as defined by Barstow Municipal Code section 8.12.030 et seq., the chief of police or other person designated as hearing officer, may issue any one or more of the following orders:

(1) The dog shall be properly licensed and vaccinated against rabies.

(2) The dog shall be maintained on owner's property and shall, at all times, be kept indoors, or in a securely fenced primary enclosure with a secondary perimeter fenced yard from which the dog cannot escape, and into which children cannot trespass. The dog may not be off the owner's premises unless it is restrained by substantial leash, of appropriate length, humanely muzzled, and if it is, under the immediate control of a responsible adult.

(3) If the dog in question dies or is sold, transferred or permanently removed from the city where the owner resides, the owner shall notify the City of Barstow of the changed condition and new location of the dog within two business days in writing.

(4) The dog shall be destroyed.

(5) Owner shall pay any and all costs incurred by the city in the administration of Barstow Municipal Code section 8.12.010 et seq., including but not limited to, costs incurred by the city for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City of Barstow.

(6) Owner can be mandated to spay or neuter the dog.

(7) Owner can be ordered to attend dog training/handling class.

(8) Any person keeping or harboring any dog or animal deemed potentially dangerous or vicious within the city must provide proof of ability to respond in damages up to $100,000.00 by obtaining a policy of insurance coverage in said amount for bodily injury to, or death of, any person or persons or for damage to property owned by any other person or persons which may result from the ownership, keeping or maintenance of such dog or animal.

(9) Failure to appear results in forfeiture of privilege to present evidence.

(10) Public information may be made available via the city website at the discretion of the city on the location of any dog or animals deemed potentially dangerous or vicious within the city, including but not limited to, the photo and description of the dog or animals and circumstances causing the city to deem the dog or animals potentially dangerous or vicious.

(j) At any time prior to or after an administrative hearing to determine if a dog should be declared potentially dangerous or vicious or at any time prior to or after an appeal hearing, the owner or keeper may request to relinquish ownership of the animal in question to the city. Upon relinquishment of a dog the owner of that dog shall present sufficient identification to establish his ownership of the dog and shall sign a statement that he is the lawful owner of the dog. The owner or keeper shall be responsible for all applicable fees regarding the costs associated with the investigation and costs associated with boarding and caring for the animal during impoundment. At no time shall the animal be humanely euthanized until all mandated hold periods have been satisfied upon relinquishment of ownership of the animal in question.

(k) If an animal control officer, humane officer or a law enforcement officer has investigated and determined the animal is not potentially dangerous or vicious the investigating officer shall notify the owner or keeper that a hearing will not be required. The animal, if impounded, will be immediately released to the owner or keeper and a notice will be issued to the owner or keeper stating upon conclusion of the investigation the animal need not be designated potentially dangerous or vicious.

(Code 1969, § 8.12.040; Ord. No. 871-2011, 2-7-2011)

(a) At the time stated in the notice, the chief of police or hi designee, hereinafter referred to as hearing officer, shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious animal. The hearing officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The hearing officer may find, upon a preponderance of evidence, that the animal in question is potentially dangerous or vicious and may make other orders authorized by this chapter. The hearing may be continued from time to time.

(b) If the hearing officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the hearing officer shall prepare findings and an order, which shall specify and make specific orders with respect to the animal as authorized by this chapter. A copy of the findings and order shall be served to the dog owner either personally or by first class mail with return receipt requested or by first class postage pre-paid no later than ten business days after the conclusion of the hearing on the owner of the animal in accordance with the provisions of section 8.12.040.

(Code 1969, § 8.12.050; Ord. No. 871-2011, 2-7-2011)

(a) After the hearing is conducted pursuant to this chapter, the owner/keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first class mail with return receipt requested or by fist class postage pre-paid. If a determination is made that the animal is potentially dangerous or vicious, the owner or keeper shall comply with those orders made by the hearing officer within the timelines established in said written notice but in no case more than 30 days after the date of determination or 35 days if the notice of determination is mailed to the owner or keeper of the dog.

(b) If the owner or keeper of the animal contests the determination of the hearing officer, and/or any orders imposed therein, he may, within ten business days from the date the notice of determination was served, appeal the decision of the hearing officer. The date of service is the date the notice of determination was personally served or deposited into the mail. An appeal shall be made in writing to the city manager. The owner or keeper of the animal shall serve personally or by first class mail, postage pre-paid, their written request to appeal the determination of the hearing officer to the city manager.

(c) Upon receipt of an appeal request for review, the city manager shall mail a written notice to the owner or keeper of the animal of a review hearing for the purpose of reviewing the hearing officer's notice of determination that the animal should be declared potentially dangerous or vicious, which notice shall be mailed by first class mail, postage pre-paid, not less than ten business days before the date set for the review hearing. The owner or keeper of the animal shall be given the opportunity to present evidence as to why the animal in question should not be declared potentially dangerous or vicious as previously determined by the hearing officer.

(d) If the owner or keeper of the animal fails to appear at the review hearing, the right to said appeal hearing shall be deemed waived and the determination and orders by the hearing officer that was the basis of the appeal shall be deemed final.

(e) Upon conclusion of the appeal hearing the city manager shall serve a copy of the findings and order to the owner of the animal either personally or by first class mail with return receipt requested or by first class postage pre-paid no later than ten business days after the conclusion of the hearing.

(f) The city manager shall either affirm or overturn the hearing officer's determination and related orders in their entirety or in part. The city manager may modify orders issued by the hearing officer making them more restrictive or less restrictive. All orders must be adhered to within the timelines set by the city manager's written findings. Judicial review of any final administrative decision of the city manager is subject to the time limits set forth in Code of Civil Procedure § 1094.6, and notice to that effect shall be included in the city manager's written decision.

(g) Failure of the owner or keeper to reclaim a dog impounded pursuant to section 8.12.080 declared to be potentially dangerous or vicious within three business days from the conclusion of an appeal hearing will be so deemed abandoned by the owner or keeper and subject to disposal as allowable by this Code. Release of a dog determined to be potentially dangerous or vicious is conditioned upon the compliance with the written orders of the hearing officer and/or the city manager and reimbursement to the city for keeping the dog during the period of investigation and pending the hearings.

(Code 1969, § 8.12.060; Ord. No. 871-2011, 2-7-2011)

(a) All dogs shall be properly licensed and vaccinated against rabies. The term of the license shall not exceed the expiration of the rabies vaccination. The license for any dog shall be renewed prior to the expiration of the dog's current license.

(b) If a dog has been designated as potentially dangerous and vicious, the licensing authority shall include the designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or after the city has determined the designation applies to the dog. The city shall charge a potentially dangerous and vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. The exceptions detailed in section 8.12.020 shall also apply to this section.

(Code 1969, § 8.12.070; Ord. No. 871-2011, 2-7-2011; Ord. No. 932U-2015, § 2, 2-2-2015)

If it is determined at the hearing as provided in this chapter that the dog in question is potentially dangerous and/or vicious, the hearing officer may assess the owner of the dog for any costs of administration incurred by the city, including, but not limited to, costs incurred in housing, maintaining and feeding the dog and for any medical attention required for the dog as determined by a licensed veterinarian. Costs assessed shall be charged to the owner and shall be a lien upon the owner's real property where the animal was maintained. The city council shall affirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The assessment shall be levied in accordance with Government Code § 38773.5. In circumstances where the dog owner is a tenant and the owner of the real property is not the owner of the dog, the city may pursue the lien through collections and not place a lien on the real property.

(Code 1969, § 8.12.080; Ord. No. 871-2011, 2-7-2011)

The owner or keeper of any dog determined to be potentially dangerous or vicious pursuant to this chapter shall, at his expense, provide permanent identification by means of an implanted microchip and a collar and tag designating the dog as potentially dangerous or vicious. The dog determined to be potentially dangerous or vicious shall at all times wear a red collar made of a durable material which shall have the city dog license tag designating the dog potentially dangerous or vicious affixed to the collar. The red collar and license tag shall immediately be placed on the dog prior to release from the animal shelter or from any city-approved licensed kennel or veterinary facility. The owner or keeper of the animal determined to be potentially dangerous or vicious shall be required to provide proof of the implanted microchip to the animal control agency providing animal control services to the city no less than five business days after being declared potentially dangerous or vicious. The microchip identification number shall be noted in the city licensing files for that dog. Any dog determined to be potentially dangerous may be required to be sterilized, at the owner's expense as determined by the hearing officer. Any dog determined to be vicious shall be sterilized at the owner's expense. A photograph of the animal shall be kept on record for identification, in addition to the registration, as a potentially dangerous or vicious animal.

(Code 1969, § 8.12.090; Ord. No. 871-2011, 2-7-2011)

(a) Unless a timely written appeal is filed with the city pursuant to section 8.12.060, a dog determined to be potentially dangerous or vicious may be destroyed by the animal control agency providing animal control services to the city when it is found, after a hearing pursuant to section 8.12.050, that the release of the dog would create a significant threat to the public health, safety and welfare.

(b) If it is determined that a dog found to be potentially dangerous or vicious shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.

(Code 1969, § 8.12.100; Ord. No. 871-2011, 2-7-2011)

(a) A dog determined to be potentially dangerous pursuant to this chapter shall at all times while not securely confined indoors:

(1) Be confined in an area which is securely fenced and locked so as to prevent trespassing by children and from which the dog cannot escape;

(2) The animal shall be housed pursuant to the provisions of Penal Code § 597t (adequate enclosed area) with minimum dimensions of the primary enclosure being five feet by ten feet and be of a height which does not restrict the animal's natural movements and which allows the owner or keeper into the enclosure to maintain the animal;

(3) The primary enclosure shall be surrounded by a perimeter fence which prevents the entry of the public onto the property of the owner or keeper but shall not serve in any part as a primary enclosure for the animal;

(4) The primary enclosure shall include a covered enclosure and a solid concrete flooring;

(5) When off the property of its owner or keeper, be humanely muzzled and leashed with a substantial leash or chain not to exceed four feet in length and under the immediate control of a responsible adult who is familiar with and in control of the dog; or

(6) Be humanely confined in a vehicle so that it can neither escape nor inflict injury on passersby.

(b) A dog determined to be vicious pursuant to this chapter, at all times while not securely confined indoors:

(1) Shall be confined in an outdoor fenced enclosure on the property where the dog is kept or maintained, so it cannot bite, attack or cause injury to any person. All enclosures, fences and gates must be constructed of substantial material and installed and maintained in a workmanlike manner. The enclosure must be anchored solidly to concrete flooring and must be of sufficient structural strength and height to ensure the strict confinement of the dog and to prevent unauthorized access. To accomplish the intent of full containment, a cover over the enclosure shall be installed. In addition, any and all gates must be kept locked;

(2) The animal shall be housed pursuant to the provisions of Penal Code § 597t (adequate enclosed area) with minimum dimensions of the primary enclosure shall be five feet by ten feet and be of a height which does not restrict the animal's natural movements and which allows the owner or keeper into the enclosure to maintain the animal;

(3) The primary enclosure shall be surrounded by a perimeter fence which prevents the entry of the public onto the property of the owner or keeper but shall not serve in any part as a primary enclosure for the animal;

(4) May be off the property of the owner or keeper for purposes of obtaining veterinary care, being sold or given away as approved by the animal control agency, complying with any provision of law or with a directive of the chief of police or his designee or the animal control agency providing animal control services to the city; and

(5) When off the property of its owner or keeper or in the care of a veterinarian, shall be securely and humanely muzzled and restrained with a harness and nylon leash, sufficient to restrain the dog, not exceeding four feet in length, and shall be under the direct charge and control of its owner or keeper.

(c) For the purposes of this section, a dog which is humanely muzzled and/or confined in a vehicle shall be able to drink, breathe and pant freely under conditions which do not subject the animal to needless suffering.

(d) When circumstances warrant, the officer-in-charge of the animal control agency providing animal control services to the city may modify conditions of restraint to accommodate the special needs of the dog.

(Code 1969, § 8.12.110; Ord. No. 871-2011, 2-7-2011)

The owner or keeper of a dog which has been determined to be potentially dangerous or vicious pursuant to this chapter shall display a sign, on the property where the dog is kept, containing a visual and verbal warning that there is a dangerous or vicious dog on the property. The sign shall be visible to the general public and in a prominent place upon the premises where the animal is being kept or maintained capable of being read from any adjacent street, sidewalk or other such public right-of-way.

(Code 1969, § 8.12.120; Ord. No. 871-2011, 2-7-2011)

Any person keeping or harboring any dog or animal deemed potentially dangerous or vicious within the city must provide proof of ability to respond in damages up to $100,000.00 by obtaining a policy of insurance coverage in said amount for bodily injury to, or death of, any person or persons or for damage to property owned by any other person or persons which may result from the ownership, keeping or maintenance of such dog or animal. Proof of coverage shall be provided to the agency providing animal care and control services to the city within ten business days and shall be provided each time thereafter whenever the coverage period changes.

(Code 1969, § 8.12.130; Ord. No. 871-2011, 2-7-2011)

(a) The owner or keeper of any dog found to be potentially dangerous or vicious pursuant to this chapter shall notify the animal control agency providing animal control services to the city immediately if the dog has escaped, is unconfined, has attacked another animal, has bitten a human being, or has died.

(b) The owner or keeper of a dog found to be potentially dangerous pursuant to this chapter shall notify the animal control agency providing animal control services to the city within 48 hours if the dog is sold, transferred, or permanently removed from the place where the owner or keeper resided or kept the dog at the time the dog was determined to be potentially dangerous. The owner or keeper shall also inform the animal control agency of any new address where the dog is to be kept and the name, address and telephone number of any new owner.

(c) The owner or keeper of a dog found to be vicious shall notify the animal control department at least 48 hours prior to selling, transferring, or permanently removing the dog to a new location, seek approval of the animal control agency for the transaction, and shall also provide the animal control agency providing animal control services to the city with the name, address and telephone number of the new owner of the dog with the address of any new permanent location of the dog.

(Code 1969, § 8.12.140; Ord. No. 871-2011, 2-7-2011)

As a condition of maintaining a potentially dangerous or vicious animal, its owner or keeper shall allow access to the animal control agency providing animal control services to the city, humane officers or law enforcement officers to inspect the premises to ensure compliance with the provisions of this chapter and/or the requirements of the orders issued by the hearing officer between the hours of 9:00 a.m. and 9:00 p.m. daily. Prior notification of the inspection to the owner or keeper of the potentially dangerous or vicious animal shall not be required.

(Code 1969, § 8.12.150; Ord. No. 871-2011, 2-7-2011)

No dog which has previously been determined to be potentially dangerous or vicious after an administrative hearing or court order by another jurisdiction will be allowed to be kept, owned or harbored in the city. Any notice by the animal control department to remove, abate or destroy any dog owned, harbored, or maintained in violation of this section may be appealed to the chief of police or his designee by filing with the chief of police a written statement of the factual basis for the appeal within ten business days from the date the notice was served on the owner of the animal. The date of service is the day the notice was personally served, or deposited in the mail by the animal control department.

(Code 1969, § 8.12.160; Ord. No. 871-2011, 2-7-2011)

No dog determined to be potentially dangerous or vicious pursuant to this chapter shall be kept by an owner or keeper who is considered a minor.

(Code 1969, § 8.12.170; Ord. No. 871-2011, 2-7-2011)

It is the purpose and intent of this section to protect the safety and welfare of the citizens of this city. In doing so, the city may provide information describing how an animal was declared by the city to be a potentially dangerous and vicious dog via the city website. The public will be allowed access to information including, but not limited to, the street address, description and photo of the animal, and circumstances describing how an animal was declared by the city to be potentially dangerous and vicious. The circumstances will describe if an attack occurred to a human being and/or domestic animal.

(Code 1969, § 8.12.180; Ord. No. 871-2011, 2-7-2011)

Any violation of this chapter, including any violation of any written orders issued pursuant to an administrative hearing by a hearing officer and/or the city manager involving a potentially dangerous or vicious dog shall be punishable by a fine as imposed in chapter 6.30. Nothing in this chapter shall prevent the city from initiating a civil, criminal, or other legal or equitable proceeding for a violation of this chapter. In this regard, any violation of this chapter, including a violation of any written orders by a hearing officer or the city manager, shall also be deemed a misdemeanor offense and may be prosecuted accordingly.

(Code 1969, § 8.12.190; Ord. No. 871-2011, 2-7-2011)

All fines paid pursuant to this chapter shall be paid to the city for the purpose of deferring costs of implementation of this chapter.

(Code 1969, § 8.12.200; Ord. No. 871-2011, 2-7-2011)

(a) It is unlawful to permit any vicious dog or dangerous animal to go unrestrained.

(b) The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking, or other noise disturbs or annoys any considerable number of persons or neighborhood is unlawful, and is hereby declared to be a public nuisance and each day shall constitute a separate offense.

(c) The owner or any other person responsible for a dog or other animal shall be responsible for containing said animal. It is unlawful for any animal to trespass on private or public property so as to damage or destroy any property or item of value and the same is declared to be a nuisance and any such animal may be impounded by the humane officer. Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood that any animal is an habitual nuisance by reason of trespassing or damage to property, being vicious or by its actions, potentially vicious, or in any other manner causing undue annoyance, the humane officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that the nuisance must be abated.

(Code 1969, § 8.12.210; Ord. No. 883-2011, § 4, 7-18-2011)

(a) Consistent with Health and Safety Code § 122335, for purposes of this section, the following terms shall have the following definitions:

Agricultural operation means an activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry.

Animal control means the officers charged with enforcing this title.

Person means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.

Reasonable period means a period of time not to exceed three hours in a 24-hour period, or a time that is otherwise approved by animal control.

(b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.

(c) Notwithstanding subsection (b) of this section, a person may do any of the following in accordance with Penal Code § 597t:

(1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the running line, pulley, or trolley system by means of a choke collar or pinch collar.

(2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area.

(3) Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period.

(4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the state if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this subsection shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity.

(5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following:

a. Conduct that is directly related to the business of shepherding or herding cattle or livestock.

b. Conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

(d) Nothing in this section shall be construed to prohibit a person from walking a dog with a hand-held leash.

(Code 1969, § 8.12.220; Ord. No. 883-2011, § 1, 7-18-2011)

State Law reference— Similar provision, Health and Safety Code § 122335.

No owner or custodian in immediate control of a dog may allow the dog to defecate on property over which neither the owner nor custodian of the dog has relevant property rights, unless the owner or custodian of the dog either promptly removes the defecation from the property or has prior permission of the property owner to allow the dog to defecate on the property without promptly removing the defecation. If the custodian and the owner of the dog are not the same person, and the dog defecated in the presence of the custodian, then the custodian and not the owner of the dog shall be responsible for the prompt cleanup of the defecation.

(Code 1969, § 8.12.230; Ord. No. 883-2011, § 4, 7-18-2011)

It is unlawful for any dog to be loose or at large and not physically restrained on any public street, sidewalk, lane, alley, court, public park or other public place, or any private property or premises other than those of the person owning or having custody of said dog. Any such dog found at large or loose and not physically restrained as set forth herein shall be impounded. The owner or any other person responsible for said dog shall be responsible for containing it. A physical restraint pursuant to this section shall not exceed six feet in length. A violation of this section shall constitute a violation pursuant to section 1.01.150. The exceptions detailed in section 8.12.020 shall also apply to this section.

(Ord. No. 932U-2015, § 3, 2-2-2015)