Buena Park Municipal Code Ch. 6.20 Care and Keeping of Dogs

Every owner of a dog over four months of age shall cause such dog to be vaccinated with an anti-rabies vaccine approved by the state department of public health. Revaccination shall be made at such intervals as are prescribed by the state Department of Public Health. Any animal may be exempted from the rabies vaccination requirement upon approval of the executive director, and upon presentation of an affidavit from a licensed veterinarian stating that, in the opinion of such veterinarian, the vaccination would be injurious to the health and well-being of such animal.

(Ord. 1542 § 2, 2010)

Every dog not wearing a collar to which is attached a valid license plate or tag provided under this title, found or being on a public place within the city, shall be taken by an animal control officer or a police officer and impounded in the animal shelter or delivered to the owner (if known) whereupon it may be reclaimed by the owner or person entitled to its possession within the term prescribed by law after impounding, and in accordance with the provisions of Section 6.12.010, and upon payment to the city of all accrued charges and costs. If not claimed, such dog shall be dispositioned in accordance with the shelter's policies.

(Ord. 1542 § 2, 2010)

Whenever a dog is redeemed, the party redeeming the dog must pay for any costs related to the care of the dog, any licensing fees due for the current year and all charges for any inoculations, neutering costs (if needed).

(Ord. 1542 § 2, 2010)

A. Unless otherwise permitted by the zoning code of the city, no person shall keep or maintain more than three dogs that have attained the age of six months, at any location within the city unless the person, family, or group of persons keeping or maintaining such dogs is operating a bona fide animal clinic or hospital or a duly licensed pet shop, dog kennel, circus, carnival, traveling show, menagerie, or dog exhibition at such street address.

B. No person shall keep or maintain more than one unspayed female dog at any location within the city unless the person, family, or group of persons keeping or maintaining such dogs is operating a bona fide animal hospital or a duly licensed pet shop, dog kennel, circus, carnival, traveling show, menagerie, or dog exhibition at such street address or has obtained a breeding permit per Section 6.20.050.

(Ord. 1542 § 2, 2010)

Any person owning or having control, custody, charge or possession of more than one female dog for breeding purposes shall secure a breeding permit from the animal control officer as prescribed in Chapter 6.30 of this title. The fee for such permit shall be as established per resolution of the city council. A dog shall be deemed to be used for breeding purposes if the animal has more than one litter per year.

(Ord. 1542 § 2, 2010)

Each owner or operator of any dog kennel, animal hospital or pet shop, and any person engaged in the business of breeding dogs or as a veterinarian who sells, gives away or in any manner causes the ownership or permanent possession of any dog, whether over four months of age or not, to be transferred to any person, shall notify the animal control officer in writing of that fact within five days after the date of such sale or transfer. Such notice shall state the kind of dog, the name of the dog, if any, and the name and address of the person to whom the dog has been sold or transferred.

(Ord. 1542 § 2, 2010)

No person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place or upon any unenclosed lot or land except when held under leash by an able-bodied person.

(Ord. 1542 § 2, 2010)

It is unlawful for the owner or person having possession, charge, custody or control of any female dog to cause or permit or allow the same to stray or run or in any other manner to be at large upon any public street, lane, alley, court or other public place in the city while such female dog is in heat.

(Ord. 1542 § 2, 2010)

Provided a dog has not attacked and bitten a person or another animal, the animal control officer shall not seize or impound a dog for violation of this chapter requiring a dog to be leashed or issue citations for violation of this chapter when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession. A dog that has strayed from but then returned to the private property of his or her owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case, a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded as specified by law. The animal control officer shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.

(Ord. 1542 § 2, 2010)

A. It is unlawful for any person owning or having control or custody of any dog to permit the animal to defecate upon the public property of this city or upon the private property of another unless the person immediately removes and properly disposes of the feces.

B. It is unlawful for any person to walk a dog on public property of this city or upon the private property of another, at any time, without carrying the means for the removal and disposal of dog feces.

C. Visually disabled persons who use seeing-eye guide dogs are exempt from this section.

(Ord. 1542 § 2, 2010)

It is unlawful for any person to walk a dog in any public park of this city without carrying, at all times, the means for the removal and disposal of dog feces. Visually disabled persons who use seeing-eye guide dogs are exempt from this section.

(Ord. 1542 § 2, 2010)

It is unlawful for any person to keep, maintain, or permit in or upon any premises within the city any barking dog that is under the control of that person. "Barking dog" means a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a period of ten minutes within a fifteen-minute period to the disturbance of any other person. The issuance of a citation shall be within the discretion of the animal control officer or a police officer. Nothing in this section shall require or prevent the utilization of nuisance abatement procedures for abatement of the nuisance created by such barking dog.

(Ord. 1542 § 2, 2010)

Whenever the animal control officer or a police officer has determined that there is probable cause to believe that a dog is a "potentially dangerous dog" as defined in Section 6.04.190, or a "vicious dog" as defined in Section 6.04.220, he or she shall petition the executive director to conduct a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. This hearing shall be conducted in accordance with the procedures and provisions prescribed in Sections 31621 through 31626 of the Food and Agricultural Code. At his or her discretion, the executive director may defer the hearing on the matter to the superior court.

(Ord. 1542 § 2, 2010)

It is unlawful for any person to own or have possession, custody, charge, or control of any potentially dangerous dog as defined in Section 6.04.190, or a previously declared vicious dog as described in Section 6.04.220, without obtaining a permit from the animal control officer as prescribed in Chapter 6.30 of this title. The fee for this permit shall be as established per resolution of the city council.

(Ord. 1542 § 2, 2010)

In addition to any standards and requirements established in Sections 31641 through 31645 of the Food and Agricultural Code, any owner or responsible person keeping or maintaining a dog that has been declared by competent authority to be either a "potentially dangerous dog" or a "vicious dog" must post at entrances to the property where such dog is kept, a sign not less than fifteen inches square, containing the warning, both in written and pictorial form, that a potentially dangerous dog or vicious dog is present. If in transit, any cages or containers used to hold such dog(s) must have a clearly visible notice attached to such cage or container warning of the presence of dangerous or vicious dog.

(Ord. 1542 § 2, 2010)

A. It is unlawful for any person owning or having possession, custody, charge, or control of any potentially dangerous dog or any vicious dog to cause or permit the dog to run loose about the person's premises in a manner endangering any person lawfully entering such premises, or cause or permit the dog to be unrestrained upon or about any public street, sidewalk, park, schoolyard, or property of other persons.

B. For purposes of this section, lawful entry to a premises includes but is not limited to entry made by a person in the performance of any duty imposed upon that person by the laws of this state or any city or county or by the laws or postal regulations of the United States, or when that person is on such property by reason of accident beyond control, or disaster, or by invitation either expressed or implied.

(Ord. 1542 § 2, 2010)

A. Except as otherwise provided in this chapter, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of Sections 6.20.010 through 6.20.120 of this chapter. A second or subsequent violation of any section within this chapter may, at the discretion of the prosecuting attorney, constitute a misdemeanor.

B. Except as otherwise provided in this chapter, it is unlawful and constitutes a misdemeanor for any person to violate, or fail to comply with any provision of Sections 6.20.130 through 6.20.160 of this chapter.

(Ord. 1542 § 2, 2010)