Carpinteria Municipal Code Ch. 6.04 Animal Control

Footnotes:

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Editor's note— Ord. No. 704, § 2, adopted December 14, 2015, amended Chapter 6.04, in its entirety to read as herein set out. Former Chapter 6.04, §§ 6.04.010—6.04.520, pertained to similar material, and derived from prior code §§ 4401—443; Ord. No. 568, 2001; Ord. No. 247, 1978; Ord. No. 256, 1978; Ord. No. 279, 1979; Ord. No. 312, 1981; Ord. No. 313, 1981; Ord. No. 324, 1982; Ord. No. 378, 1985 and Ord. No. 622, 2007.

For statutory provisions authorizing cities to impose an annual license fee on dogs, see Gov. Code § 38792; for provisions on the regulation and licensing of dogs, see Food and Agric. Code § 30501 et seq.; for provisions on rabies control, see Health and Saf. Code § 1900 et seq.

Pursuant to Section 439.90 of the Agricultural Code of the state and the constitution of the State of California, the following sections of this chapter are adopted.

(Ord. No. 704, § 2, 12-14-2015)

As used in this chapter:

"Animal" means any vertebrate creature other than a human being.

"Animal control director" means the city manager, or his/her agent, or as designated by resolution of the city council.

"Cattery" means any lot or premises whereon or wherein four or more cats, four months of age or older are kept. This definition shall not include a duly licensed veterinary business.

"Dog kennel" means any lot or premises whereon or wherein four or more dogs, four months of age or older are kept. This definition shall not include a duly licensed veterinary business.

"Enclosure" means a fence or structure located in the rear yard, suitable to confine a potentially dangerous or vicious dog, and suitable to prevent the entry of young children. The enclosure shall be designed to meet the specifications of the city in order to prevent the dog from escaping.

"Licensing authority" means the animal control director and his/her agent, unless a contract has been entered into with the county of Santa Barbara to provide licenses.

"Off-leash dog areas" means city parks, or portions of city parks, approved by the city council by resolution and so designated by the posting of signs and notices describing the area reserved for off-leash dog activity.

"Owner" means and includes the legal owner, equitable owner or person harboring or having custody or control of any animal.

"Persons" means and includes persons, partnerships and unincorporated associations.

"Pet shop" means every place or premises where pet animals are kept for the purpose of either wholesale or retail sale.

"Public place" means any place, whether public or private property, to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, alleys, plazas, parks, parking lots and buildings open to the general public, including but not limited to the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, establishments which serve food or drink or provide entertainment, or the doorways and entrances to such buildings, or the grounds enclosing such buildings.

"Stray dog" means any dog, licensed or unlicensed, found running at large in violation of the provisions of any law of the State of California or the City of Carpinteria.

"Veterinarian" means a doctor of veterinary medicine duly licensed to practice under the laws of the State of California.

"Wild or undomesticated animal" means an animal which is not tamed or domesticated and which, because of its size, disposition or other characteristics could constitute a danger to property or to human health, safety or welfare.

(Ord. No. 704, § 2, 12-14-2015; Ord. No. 733, § 2, 11-12-2019)

The city council may provide, in any contract which it may execute with the County of Santa Barbara or any other agency to act as animal control director, that the city will pay to such animal control director any or all such fees collected under this chapter as consideration for acting as animal control director for the city, and for the enforcement of this chapter and the applicable state laws.

(Ord. No. 704, § 2, 12-14-2015)

A. If the city enters into a contract with the County of Santa Barbara or any other society, organization, association or person to carry out the provisions of this chapter, such society, organization, association or person may fix charges, subject to the approval of the city council, for the care, sale and/or redemption of any animal taken into its custody pursuant to the terms of this chapter, and any such charges shall be retained by such society, organization, association or person.

B. Any proceeds from the State of California for the keeping and caring of any bovine animals, horses, mules, burros, sheep, goats and swine shall also be retained by such society, organization, association or person.

(Ord. No. 704, § 2, 12-14-2015)

The animal control director or his/her agent shall provide all animals in his/her custody with proper food, water and shelter, and shall give them all the necessary care and attention, including regular exercise in keeping with the age and activity level of the animal.

(Ord. No. 704, § 2, 12-14-2015)

The animal control director shall keep a record of the number, description and disposition of all animals impounded, showing in detail in the case of each animal the date of receipt, the date and manner of disposal; the veterinary care provided to the animal; the name, address and phone number of the person reclaiming, redeeming or receiving such animals; the reason for destruction of the animal where applicable; and such additional records as the animal control director may from time to time feel necessary. Such records shall be kept by the animal control director.

(Ord. No. 704, § 2, 12-14-2015)

The animal control director and his/her agents shall have the power to arrest in connection with the enforcement of any of the provisions of this chapter.

(Ord. No. 704, § 2, 12-14-2015)

The animal control director and his/her agent while engaged in the execution of his/her duties shall wear identification in plain view. It is unlawful for any person to falsely represent him/herself to be or to attempt to act as such animal control director or agent.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person to hinder, interfere with, resist, molest or obstruct the animal control director or his/her agent during the exercise of his/her duties while enforcing the provisions of this chapter.

(Ord. No. 704, § 2, 12-14-2015)

Every owner, upon the reasonable demand of the animal control director or his/her agent, shall provide photo identification to accurately identify him/herself.

(Ord. No. 704, § 2, 12-14-2015)

Every owner of a dog, upon the reasonable demand of the animal control director or his/her agent, shall have the duty to display either the dog license tag for the dog or the dog license issued pursuant to Section 6.04.120 of this chapter.

(Ord. No. 704, § 2, 12-14-2015)

A. Except as provided in Section 6.04.130, it is unlawful to own, keep or control any dog unless a license has been procured in accordance with this chapter. An annual license fee shall be paid for every dog four months of age or older owned, kept or controlled in the city. Said fee shall be set by resolution of the city council consistent with Food and Agricultural Code Section 30804.5 which requires that the fee for any dog that has been spayed or neutered shall be one-half or less the normal license fee.

B. License fees are not transferable. Any change of ownership of a dog requires a new license in accordance with the provisions of this chapter.

(Ord. No. 704, § 2, 12-14-2015)

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

A. Dogs under the age of four months if kept within a sufficient enclosure;

B. Dogs owned by or in custody or under the control of persons who are nonresidents of the city traveling through the city or temporarily sojourning therein for a period not exceeding thirty days;

C. Dogs duly licensed with the current license of an incorporated city within the County of Santa Barbara;

D. Dogs brought to the city exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at such show or exhibition;

E. Dogs under treatment in the custody or control of animal hospitals;

F. Dogs owned, kept or controlled by any person, firm or corporation having a permit to keep and maintain a dog kennel, provided that such dogs are kept enclosed within such dog kennel;

G. Dogs under the ownership, custody and control of the owner of a dog kennel duly licensed under the provisions of this chapter or his/her duly authorized employee or agent when such dogs are removed from such kennel in the bona fide operation thereof for the purpose of exercise or training; provided, that any such dog bear an identification tag attached to a collar, harness or other device, which tag shall be of a size and type designated by the animal control director, shall be furnished at the sole cost and expense of the owner of such kennel and shall set forth the name and address of such kennel. A dog bearing such tag shall be treated in all respects as a licensed dog in the event of its escape and subsequent impoundment; provided further, that no dog shall be allowed to run at large.

(Ord. No. 704, § 2, 12-14-2015)

A dog license shall be issued without charge to any person owning or training a dog that is used or will be used as a service dog for assisting a disabled person with his/her disability.

(Ord. No. 704, § 2, 12-14-2015)

Dogs owned by the city, County of Santa Barbara, municipal corporations or other public agencies engaged in law enforcement, which dogs are used exclusively for law enforcement purposes, shall be licensed without charge.

(Ord. No. 704, § 2, 12-14-2015)

The animal control director or his/her agent is authorized and directed to prepare, purchase and issue dog license tags, which shall have stamped or imprinted thereon the name of the city, a serial number, and the year of its issuance and expiration, unless such license tags are provide by the County of Santa Barbara by contract or under agreement.

(Ord. No. 704, § 2, 12-14-2015)

A. Upon payment of the license fee provided in this chapter and upon presentation of a valid vaccination certificate, the animal control director or his/her agent shall issue a license certificate stating the year for which such license fee is paid, the date of payment, the name and resident address of the owner, the name, breed and sex of the dog, whether the dog is spayed or neutered, and the license tag serial number.

B. The animal control director shall retain copies of all license certificates issued. All receipts and records shall be kept in city hall for three years.

C. Upon the issuance of a license certificate, the animal control director or his/her agent shall also issue and deliver to the owner a tag of such form and design as provided for in this chapter. The license tag shall be securely affixed to a collar, harness or other device that shall be worn by such dog at all times.

(Ord. No. 704, § 2, 12-14-2015)

If any license tag is lost or stolen, the person owning, possessing or having control of the animal for which the same was issued shall be entitled to receive a replacement tag by presenting to the animal control director or his/her agent the original license certificate. Upon receipt of the appropriate fee as required by this chapter, the animal control director or his/her agent shall issue a properly numbered duplicate tag.

(Ord. No. 704, § 2, 12-14-2015)

Every dog four months of age or older shall be vaccinated with a canine anti-rabies vaccine approved by, and in a manner prescribed by the department of public health. Said vaccination shall occur on an annual basis or as often as prescribed by the California Department of Public Health. The certificate of anti-rabies vaccination shall be provided to the licensing authority prior to the issuance of a dog license.

(Ord. No. 704, § 2, 12-14-2015)

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 the city unless such dog has been vaccinated as provided in this chapter. This section shall have no application to dogs under the age of four months, who are fastened securely by a rope, chain or leash, or confined within the private property of the owner or person having control of said dog.

(Ord. No. 704, § 2, 12-14-2015)

The vaccination provided for in Section 6.04.190 shall be performed by a duly qualified and licensed veterinarian or a qualified individual in the employ of a licensed veterinarian. A rabies vaccination certificate shall be issued to the dog owner, which certificate shall include the following:

A. The type of vaccine used;

B. The date of vaccination;

C. Description of dog;

D. Name and address of owner of dog;

E. Signature of the individual making the vaccination;

F. Statement that dog is male, female or spayed female.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person to remove any tag from any dog not owned by him/her or not lawfully in his/her possession or under his/her control or to place on any dog any such license tag not issued as above provided for that particular dog for the then current calendar year, or to make or to have in his/her possession or to place on a dog any counterfeit or imitation of any license tag provided for in this chapter.

(Ord. No. 704, § 2, 12-14-2015)

A. It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the city or on any private property without permission of the owner or person in charge thereof, 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.

B. This section shall not apply to areas designated as off-leash dog areas under the control of the City and pursuant to the following:

1. Implied Consent. The presence of a dog, owner and/or handler in a designated off-leash dog area shall constitute implied consent of the owner or handler to comply with the rules and regulations posted on site, and with Chapter 6.04 of the Carpinteria Municipal Code.

2. Liability and Indemnification. Individuals enter the off-leash dog area at their own risk. The presence of a dog, person, owner and/or handler in an off-leash dog area shall constitute the waiver of liability, on behalf of the person, to the City of Carpinteria, as well as an agreement and undertaking to protect, indemnify, defend and hold harmless the City of Carpinteria for any injury or damages caused by a dog.

3. Dog Park Rules. Individuals electing to use dog parks shall comply with rules and regulations applicable to such designated off-leash dog areas. Any person found to be in violation of the dog park rules and regulations is subject to a fine of up to $500 for each violation and/or prohibited entry to all off-leash dog areas for up to six months. Notwithstanding, the city reserves the discretion to enforce posted rules and regulations in accordance with Section 6.04.650.

C. All dogs subject to the provisions of Sections 6.04.320, 6.04.330, 6.04.340 and 6.04.350, are prohibited from entering designated off-leash dog areas until the animal control director has determined that the dog is not potentially dangerous or vicious pursuant to those provisions, or lifts the quarantine order, whichever applicable.

(Ord. No. 704, § 2, 12-14-2015; Ord. No. 733, § 3, 11-12-2019)

It is unlawful for any person to permit any dog owned, harbored or controlled by him/her to be on the public beach between Linden Avenue and Ash Avenue or within the boundaries of the Carpinteria Salt Marsh Nature Park whether leashed or unleashed.

(Ord. No. 704, § 2, 12-14-2015)

Any dog found running at large in violation of the provisions of any law of the state or of the city shall be deemed a stray dog, and for all purposes, may be immediately seized and impounded.

(Ord. No. 704, § 2, 12-14-2015)

It shall be the duty of the animal control director or his/her agents to seize and impound, subject to the provisions of this chapter, all stray or unlicensed dogs found within the city, and for that purpose the animal control director or his/her agents may pursue into or upon private property to enforce this chapter to collect and impound dogs; provided, however, the animal control director or his/her agents may not enter a dwelling unit without first obtaining either:

A. The consent of an adult occupant;

B. Authorization from a duly authorized court of law; or

C. Sheriff office assistance in an emergency situation where a human life is in danger.

(Ord. No. 704, § 2, 12-14-2015)

Every person finding any lost, stray or stolen animal, shall within twenty-four hours thereafter contact the animal director or his/her agent and deliver to or make available for pick-up said animal to the animal control director or his/her agent without fee or charge. The animal control director or his/her agent shall thereupon hold and dispose of such animal in the same manner as though such animal had been found running at large.

(Ord. No. 704, § 2, 12-14-2015)

The owner of an impounded animal may, at any time during the office hours of the city and before the sale or other disposition thereof, redeem any animal by paying any impoundment fees and boarding charges.

(Ord. No. 704, § 2, 12-14-2015)

A. The animal control director shall be required to hold any animal impounded in accordance with this chapter for a period of six business days, not including the day of impoundment, except as follows:

1. If the holding facility has made the animal available for owner redemption on one weekday evening until at least seven p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.

2. If the holding facility has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their animals by appointment at a mutually agreeable time when the facility or shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.

3. If a suitable adopter is available to adopt the animal after three business days, the animal may be released to the adopter prior to the conclusion of the six-day holding period. No animal may be euthanized prior to the conclusion of the six-day holding period except where it is determined that the animal has severe injury, untreatable disease or irremediable suffering, or which is dangerous to keep impounded.

B. Upon redemption of an impounded animal by its owner, the owner shall present sufficient identification to establish his/her ownership of the animal and shall sign a statement that s/he is the lawful owner of the animal.

C. During the holding period required by this section, and prior to the adoption or euthanasia of an impounded animal, the holding facility shall scan the animal for a microchip that identifies the owner and shall make reasonable efforts to contact the owner and notify him/her that his/her animal is impounded and available for redemption.

(Ord. No. 704, § 2, 12-14-2015)

At any time after the expiration of the time limits as provided in Section 6.04.290, the animal control director or his/her agent may, without further notice, and without advertising in any manner, adopt, sell or give away any dog, cat or other animal not reclaimed or redeemed as provided in Sections 6.04.280 and 6.04.290, or release the animal to a non-profit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization.

(Ord. No. 704, § 2, 12-14-2015)

If there is no license tag or identification tag to any dog, cat or other such animal surrendered to the animal control director or his or her agent as provided in this chapter, and such dog, cat or other animal has not been redeemed by its owner within the time limits provided in Section 6.04.290, the animal control director or his/her agent may return such dog, cat or other animal to the person who surrendered it, provided that such person procures all necessary licenses and pays any boarding and veterinary charges, and meets the requirements for adoption established by the animal control director or his/her agent.

(Ord. No. 704, § 2, 12-14-2015)

An animal taken into custody by the animal control director or his/her agent, which, by reason of severe injury, disease, irremediable suffering, or which is dangerous to keep impounded, shall be euthanized in a humane manner by a licensed veterinarian.

(Ord. No. 704, § 2, 12-14-2015)

Except where immediate action is required to prevent immediate injury to members of the public, whenever the animal control director shall have the duty to seize or impound an animal when under the custody and control of another or in the event that the animal control director intends to destroy an animal pursuant to Section 6.04.320, the animal control director shall hold a hearing prior to so doing. The owner or person entitled to the possession of the animal shall be notified at least five days prior to the hearing, provided the same is known to the animal control director, to determine the facts required before taking action. At the hearing, the owner or person entitled to possession of the animal may present evidence thereon. At the close of the hearing, the animal control director shall find whether the requisite facts exist as required by the applicable section or sections of this chapter, and then may seize, impound or destroy the animal.

(Ord. No. 704, § 2, 12-14-2015)

If the animal control director has investigated and determined that there exists probable cause to believe an animal is potentially dangerous or vicious, the animal control director shall initiate proceedings to determine whether said animal should be declared potentially dangerous or vicious. All such proceedings shall be conducted in conformity with Food and Agricultural Code Section 31601 et seq., as may be amended from time to time.

(Ord. No. 704, § 2, 12-14-2015)

A. Upon written notice by the animal control director, the owner or person having the control of any dog which has within the preceding ten days bitten any person, whether on private property, in public areas, in designated off-leash dog areas or otherwise, shall, upon demand, and in the discretion of the animal control director, follow one of the following procedures:

1. Confine such dog to his/her own premises;

2. Surrender such dog to the animal control director, who shall impound and keep such dog at the public pound in a separate kennel for a period of not less than ten days;

3. Surrender such dog to a licensed veterinarian as designated by the animal control director; or

4. Surrender the dog to the animal control director for quarantine at any other location or facility designated and approved by the animal control director.

B. If the dog is quarantined on the premises of the owner, the animal control director 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 animal control director. Any quarantine provided in this section shall be for a term of not less than ten days unless otherwise specified by the animal control director.

C. During the quarantine period, it shall be the duty of the animal control director to determine whether or not such dog is suffering from any disease. If a licensed veterinarian designated by the animal control director determines that such dog is diseased and by reason of such disease is dangerous to persons or to other animals, s/he shall so notify the animal control director in writing to destroy such dog. A copy of such notice may also be served upon the owner or person having control of such dog.

D. If the veterinarian determines that such dog is not so diseased, and if the license required for such dog shall have been paid for the then current year, the animal control director shall notify the person to whom the license for such dog was issued and shall, upon demand, release such dog 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 dog shall, within six days after the date of giving such last-mentioned notice, request the release of such dog, and pay such charges, such dog may be adopted into an appropriate home or destroyed by the animal control director in the same manner provided for in this chapter.

E. It is unlawful for a person who owns or has custody or control of an animal, who knows or has reason to know that the animal bit another person, to fail to provide information (i.e., the owner's name, address and telephone number, and if licensed, the license tag number of the biting animal) to the victim as soon as practical, but no later than forty-eight hours after the bite. If the person who has custody or control of the biting animal is a minor, the minor must provide identification or contact information for an adult owner or responsible party. If the biting animal is required by law to be vaccinated against rabies, the owner or person in control of the animal must, within forty-eight hours of the bite, provide the victim with information regarding the status of the animal's vaccinations. The skin of the victim must be broken or punctured in order to constitute a "bite" under this subparagraph.

(Ord. No. 704, § 2, 12-14-2015; Ord. No. 733, § 4, 11-12-2019)

A. Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of such animal shall immediately notify the animal control director. The animal control director shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by such veterinarian. Such animal shall be kept isolated in a pound, veterinary hospital or other adequate facility in a manner approved by the animal control director, and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies, after which time such animal may be released by the animal control director.

B. The animal control director or his/her agent is authorized and empowered to enter upon private property where any dog or other animal is kept or believed to be kept for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies or other contagious disease.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person, firm, corporation or association to erect, establish or maintain any dog kennel, cattery or pet shop as defined in this chapter without first obtaining written approval from the animal control director. Whether to approve such dog kennel, cattery or pet shop shall be in the discretion of the animal control director who shall take into consideration the type of construction to be employed as it relates to sanitation and manner in which the animals, birds or fowl are to be housed and such zoning regulations as may now be in effect or adopted from time to time. Every person, firm or corporation maintaining a dog kennel, cattery or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked premises, listing names and telephone numbers of persons who may be contacted in the event of an emergency.

(Ord. No. 704, § 2, 12-14-2015)

The approval for the maintenance and operation of a dog kennel, cattery or pet shop may be revoked at any time for cause when, in the opinion of the animal control director or his/her agent, such dog kennel, cattery or pet shop is not being properly maintained or operated from the standpoint of sanitation of the premises or proper care of the animals.

(Ord. No. 704, § 2, 12-14-2015)

A. The keeping or maintaining within the city of any livestock including any live horse, mule or other equine, cow or other bovine, sheep, goat or other bovidae, hog or other suidae, chicken or other fowl shall be unlawful without a permit first having been obtained from the city manager or authorized representative.

B. No live horse, mule or other equine, cow or other bovine, sheep, goat or other bovidae, hog or other suidae, chicken or other fowl, or other livestock shall be kept in any building used for residential purposes, or in any part thereof, nor shall any such animal be kept or maintained in the city unless there is provided for that purpose a barn, stable, hutch, pen, house or building constructed according to law.

C. Equine, bovine, bovidae, or suidae shall be prohibited on any lot of ten thousand square feet or less. On lots greater than ten thousand square feet there shall be a limit of one per lot. No barn, stable, hutch, pen, house or building intended for equine, bovine, bovidae, or suidae shall be erected, constructed, established, altered or enlarged within 300 feet of any residence, apartment, hotel, motel, school, church, hospital, public building, dwelling or other place of human habitation.

D. Fowl or leporidae shall not exceed one per one thousand square feet of lot area, or twenty-four total fowl or leporidae, whichever is the lesser. Fowl or leporidae may be stabled or hutched in a totally covered and enclosed area not less than twenty-five feet from any residence, apartment, hotel, motel, school, church, hospital, public building, dwelling or other place of human habitation. Roosters and peacocks are not permitted within the city.

E. The city manager or his/her authorized representative may issue a special permit allowing one sheep, goat or hog or other suidae that is less than one year old and is part of a controlled, educational animal husbandry project, such as those sponsored by 4H and FFA, to be stabled or hutched in an enclosed area not less than twenty-five feet from any residence, apartment, hotel, motel, school, church, hospital, public building, dwelling or other place of human habitation. This special permit shall not be granted for any horse, mule or other equine, cattle or other bovine.

F. A permit shall be applied for to the city manager or authorized representative in writing and the city manager or authorized representative shall thereupon cause an investigation to be made. If, after investigating the conditions and considering the facts presented, the following facts are found by the city manager or authorized representative, a permit shall be issued to such applicant by the city manager or authorized representative:

1. That the keeping or maintaining of such animal or animals will not constitute a nuisance to the neighborhood;

2. That the keeping or maintaining of such animal or animals will not constitute a menace to public health;

3. That the keeping or maintaining of such animal or animals will not constitute an interference with the comfortable enjoyment of life or property;

4. That the keeping or maintaining of such animal or animals will not be a violation of any state or municipal law or ordinance;

5. That the keeping or maintaining of such animal or animals will not create a harborage or breeding grounds for insects or vermin.

G. If such facts are not found, such permit shall be refused. Permits issued pursuant to this section may be revoked by the city manager or authorized representative at any time for cause, including, with limitation, failure to maintain the animals in accordance with subdivisions 1 through 5 of subsection F of this section.

(Ord. No. 704, § 2, 12-14-2015)

A. It is unlawful for any person owning or having possession of any animal to permit it to be at large without reasonable control or to allow the animal to be pastured or kept upon any street or other public place, or upon any private property against the wishes of the owner or occupant thereof, or in any manner or place to the injury of the owner or occupant of any other property.

B. Any animal found by the animal control director or his/her agent not under control as prescribed in subsection A, shall be taken by the animal control director or his/her agent and impounded, provided that no such animal staked or tied for the purpose of grazing upon private property and no cat at large upon private property shall be impounded except on the complaint of the owner or occupant of such property or any other property who claims to be injured thereby and where there is no sign that the animal is injured, in poor health, malnourished or abandoned.

C. The animal control director shall immediately notify the owner or person entitled to possession of any such animal of the impounding thereof, personally if known, or, if unknown, by posting notice of impounding with description of the animal and the time and place of apprehension, for six business days.

D. After the expiration of such six business days of notice of impounding, any animal mentioned in such notice may be disposed or made available for adoption.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person owning or having possession of any female animal, during the period when such animal is in heat or breeding condition, to permit it to be at large.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for the owner or driver of any animal to leave, cause or permit such animal to be left unattended and unsecured on unenclosed private property, on a public street or on a public bridle path. Such animal shall be securely fastened, or in the case of one or more animals harnessed to a vehicle, by having a brake thereon tightly set. It is unlawful for any person to hitch, cause or permit an animal to be hitched to any tree, lamppost, bench, street signpost or other structure in any street or park.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person to ride, drive or cause to be ridden or driven any dangerous, unbroken or partially broken animal upon any public street or bridle path.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person to ride or drive or cause to be ridden or driven any horse or livestock on the sidewalk.

(Ord. No. 704, § 2, 12-14-2015)

Any dog in violation of this chapter or found trespassing on any private property may be taken up by any person at interest and delivered to the animal control director or his/her agent.

(Ord. No. 704, § 2, 12-14-2015)

Any person possessing a dead animal shall dispose of it in a manner consistent with safe and sanitary practices.

(Ord. No. 704, § 2, 12-14-2015)

A. Where law enforcement has a right to enter or be present in or at any place, public or private, in the performance of official law enforcement duties, any dog and the handler of any dog, used by law enforcement in the performance of official duties shall have the right to enter or be present in or at any such place.

B. It is unlawful and a misdemeanor for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by law enforcement in the performance of its functions or duties or to interfere with or meddle with any such dog while in the performance of any of the functions or duties of the law enforcement.

C. The provisions of Sections 6.04.230 and 6.04.240 shall not apply to dogs that have been trained for law enforcement duties and which are used for said purposes by law enforcement during the performance of said official duties.

(Ord. No. 704, § 2, 12-14-2015)

No person owning or having custody or control of any dog shall knowingly or through failure to exercise due care or control permit such dog to defecate and allow such to thereafter remain in any public park, school ground, or other public place, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied without the consent of the owner or person in lawful occupation thereof. A person shall not be considered in violation of this section if the person has necessary equipment, i.e., shovel, bag, etc., readily available and does take immediate and necessary action to accomplish removal of such nuisance.

(Ord. No. 704, § 2, 12-14-2015)

It is unlawful for any person to possess, control or maintain any dog in a manner inconsistent with permit conditions regulating the presence of dogs imposed by the city on issuance of a special event permit or discretionary permit for any parade, athletic event or other special event.

(Ord. No. 704, § 2, 12-14-2015)

A. Prohibited Acts and Exceptions. It is unlawful and a public nuisance for any person to keep, maintain or permit any animal under his or her charge, care, custody or control to emit excessive noise, subject to the following exceptions for:

1. Any commercial animal establishment permitted by zoning law.

2. Any parcel having a general plan designation for agricultural and agricultural uses or zoned exclusively for agriculture.

B. Definitions. For the purposes of this section, the term "excessive noise" means the utterance of barks, cries or sounds which are loud, frequent and continued over a period of time, which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of persons residing in two or more separate dwelling units in the neighborhood. "Dwelling unit" means any adjacent or nearby home, apartment or condominium.

C. Enforcement. Enforcement of this section shall take place as follows:

1. Complaints. Complaints to the city manager or his designee pursuant to this section shall be in writing, shall be signed by and bear the name, address and telephone number of the complainants, shall state the place or places where the nuisance exists, shall describe the animal(s) and the conduct which constitutes the nuisance, and shall give the name and address of the animal's owner or keeper, if known to the complainants, and shall be public records and open to public inspection.

2. First Notice. Whenever two or more persons living in separate dwelling units in the neighborhood file a complaint with the city manager or designee, such city manager or designee shall issue a written notice to the owner or person having charge, care or custody of the animal, advising the person of the noise complaint and requesting immediate abatement of the excessive noise. The notice shall include a copy of the ordinance codified in this section and applicable enforcement provisions.

3. Second Notice.

a. If, within 60 days from the issuance of the written notice as provided in subsection (C)(2) of this section, a second complaint signed by two or more persons living in separate dwelling units in the neighborhood is received, the city manager or designee shall, by written notice, require the owner or keeper of the animal to appear with the complainants at an informal hearing before the city manager or designee to give the complainants and the owner or keeper of the animal an opportunity to provide information concerning any disputed fact or issue and to discuss ways and means to resolve the problem. The notice shall state that a failure to appear may result in the referral of the matter to the city attorney for appropriate action. If, after the conclusion of the informal hearing, it is determined by the city manager or designee that excessive noise is occurring and that the problem remains unresolved, the matter shall be referred to the city attorney for enforcement proceedings as provided in subsection (C)(5) of this section.

b. If the owner or keeper fails to appear before the city manager or designee and if in the opinion of the city manager or designee the written complaint(s) establishes by prima facie evidence that the animal(s) emitted excessive noise, the matter shall be deemed unresolved and referred to the city attorney for enforcement proceedings as provided in subsection (C)(5) of this section.

c. Whenever a matter is deemed unresolved and referred to the city attorney, the city manager or designee shall, within fifteen days, serve notice of his or her determination and referral of the matter to the city attorney upon the owner or keeper and upon the complainants. The notice shall be in writing and may be served either by personal delivery of a copy or by certified mail, return receipt requested, to the person(s) to be served. The notice shall include: (i) copies of all complaints, (ii) a statement of the city manager or designee's finding that the matter is deemed unresolved, and (iii) a copy of the ordinance codified in this section.

4. Form of Notice. Any written notification required by this section need not use the exact words of this section to the addressee so long as the notification sufficiently informs the addressee of the nature of the disturbing noise emitted by an animal. The language shall be liberally construed to accomplish the objectives of this section.

5. City Attorney Enforcement. Whenever the city manager or his designee chooses to refer a violation of this section to the city attorney, the city attorney may enforce this section subject to the remedies and penalties pursuant to Chapters 1.06 and 1.08 of this code. Such procedures are in addition to any other remedies which may be available under the law.

(Ord. No. 704, § 2, 12-14-2015)

Prohibited Acts and Exceptions. It is unlawful and a public nuisance for any person to feed, offer food or in any manner provide food to any wild, domesticated or undomesticated animal on any public property in the city, including but not limited to, any public building, way, street, park, beach or public facility, subject to the following exceptions:

A. Persons legally engaged in trapping or luring wild, domesticated or undomesticated animals may utilize food as bait pursuant to applicable laws.

B. Wild or undomesticated animals may be maintained, treated or fed pursuant to a valid certificate or permit issued by the federal or state government.

C. Wild and/or undomesticated animals may be fed as necessary due to injury or illness between the time of notification to humane personnel to pick up such wild and/or undomesticated animals and the time of pick-up.

(Ord. No. 704, § 2, 12-14-2015)

The purpose of this article is to reduce the number of dogs and cats in shelters and reduce the number being euthanized.

(Ord. No. 704, § 2, 12-14-2015)

The intent of the chapter is to create a culture and common practice of spaying/neutering dogs and cats. Education and voluntary compliance is the preferred method of achieving spaying/neutering, with enforcement measures as a last resort.

(Ord. No. 704, § 2, 12-14-2015)

Every person who owns a dog or cat over the age of six months that is kept in the City of Carpinteria is required to have such dog or cat spayed/neutered unless an exception applies under Section 6.04.590. Nothing in this section shall make veterinarians mandatory reporters of animals that have not been spayed/neutered.

(Ord. No. 704, § 2, 12-14-2015)

No person shall own a dog or cat over the age of six months that is kept in the City of Carpinteria that has not been spayed/neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed/neutered by reason of one of the following:

A. The dog or cat is a breed approved by and is registered with the American Kennel Club, American Cat Fanciers Association or a similar registry recognized by the Code Compliance Division.

B. The dog has earned, or if under three years old, is actively being trained and in the process of earning, an agility, carting, herding, protection, rally, hunting, working or other title from a registry or association approved by the code compliance division.

C. The dog is being, or has been, appropriately trained and is actively used in a manner that meets the definition of a guide, signal or service dog as set forth in Penal Code Section 365.5, subdivisions (d), (e) and (f), or the dog is enrolled in a guide dog program administered by a person licensed under Business and Professions Code Section 7200 et seq.

D. The dog is being, or has been, appropriately trained and is actively used by law enforcement agencies, the military, or search and rescue organizations, for law enforcement, military, or search and rescue activities.

E. The owner of the dog or cat provides a letter to the code compliance division from a licensed veterinarian certifying that the animal's health would be best served by spaying/neutering after a specified date; or that due to age, health or illness of the animal, it is detrimental to the health of the animal to spay/neuter the animal; or that arrangements have been made to spay/neuter the dog or cat within sixty days after the compliance deadline and the dog or cat is spayed/neutered within that sixty-day period. This letter shall include the veterinarian's license number and the date by which the animal may be safely spayed/neutered. The letter shall be updated periodically as necessary in the event the condition of the animal changes.

F. The owner of the dog or cat is an American Kennel Club "Breeder of Merit."

G. The dog or cat has a valid breeding permit issued to the owner by the code compliance division.

(Ord. No. 704, § 2, 12-14-2015)

It shall be the owner's responsibility to comply with the spay/neuter provisions of this article, including paying the applicable license fee.

(Ord. No. 704, § 2, 12-14-2015)

A dog that has not been spayed/neutered shall be implanted with an animal identification device, at the owner's expense, identifying the owner of the animal.

(Ord. No. 704, § 2, 12-14-2015)

A. No person shall cause or allow any dog or cat owned, harbored or kept within the City of Carpinteria to breed without first obtaining a breeding permit, as described below. The term breeding permit means a written authorization, issued annually by the community development director, giving the animal's lawful holder permission to breed a dog or cat.

B. Each breeder's permit shall be valid for one year from the date of issuance and may be renewed annually without any fee before its expiration date. Each applicant for such a permit shall pay an initial fee of one hundred dollars, or the then established initial fee approved by the city council of the City of Carpinteria. A separate permit must be obtained for each dog or cat which is allowed to breed. No person is eligible for a breeding permit unless that person can present documentary evidence to the code compliance division from a veterinarian that the parent dogs have received all recommended vaccinations and have had proper veterinary care.

C. The code compliance division shall administer an animal breeding permit program consistent with the following criteria:

1. Under no circumstances shall a breeding permit be issued to a person who has been convicted of animal cruelty or neglect.

2. The owner of the unaltered female dog or cat shall not allow the whelping of more than one litter in any household within the permit year, unless prior written permission has been obtained from the animal control director for good cause shown (including, but not limited to, where breeding is required to protect the health of the animal or where the permittee was forced to euthanize a litter of dogs or cats through no fault of the permittee).

3. Issuance of a breeding permit shall be conditioned upon the animal owner's consent to an initial inspection by the code compliance division to verify that a breeding permit is not used to whelp more than one litter in any household. The inspection shall be scheduled at a date and time mutually acceptable to both parties and within ten days of submittal of the breeding permit application submittal.

4. No offspring may be sold, adopted, bartered or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks, and has been immunized against common diseases according to current veterinary practice in Santa Barbara County; and the sale or adoption of the dog or cat shall include a statement signed by the seller or person providing the offspring for adoption attesting to the signatory's knowledge of the animal's health and the animal's immunization history.

5. Any holder of a breeding permit in the City of Carpinteria who advertises to the public the availability of any dog or cat for sale, adoption or transfer, whether for compensation or otherwise, must prominently display the permit number in any such advertisement. Further, the breeding permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document.

6. Any holder of a breeding permit in the City of Carpinteria that sells or otherwise transfers a dog, whether for compensation or otherwise, shall provide to the new animal owner a City of Carpinteria dog license application.

D. The following animals are exempt from breeding permit requirements:

1. Dogs documented as having been appropriately trained and actively used by law enforcement agencies, the military or search and rescue organizations for law enforcement, military or search and rescue activities;

2. Dogs documented as guide, signal or service dogs pursuant to California Penal Code Section 365.5, subdivisions (d), (e) and (f);

3. Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying-neutering due to health reasons;

4. Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the code compliance division that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of the California Corporations Code and the Nonprofit Public Benefit Corporation Law;

5. Dogs documented as enrolled in a guide dog breeding program administered by a person licensed under Business and Professions Code Section 7200 et seq.;

6. Dogs and cats owned by any person who is able to present documentary evidence that the person is an American Kennel Club "Breeder of Merit."

(Ord. No. 704, § 2, 12-14-2015)

It shall be unlawful for any person to sell any dog, cat or rabbit in any pet store, retail business or other commercial establishment located in the city, unless the dog, cat or rabbit was obtained from an animal shelter or a humane society located in the County of Santa Barbara or a non-profit rescue and humane organization registered with the code compliance division. For purposes of this section, a rescue and humane organization is defined as a California non-profit public benefit corporation exempt from taxation under Internal Revenue Code Section 501(c)(3) that participates in the early spay/neuter of animals, complies with State and local laws regarding the humane treatment of animals, and whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats and/or rabbits.

(Ord. No. 704, § 2, 12-14-2015)

It shall be unlawful for any person to sell or otherwise transfer any dog, cat or rabbit in a public place, excluding veterinary premises, pet stores or areas designated as animal shelters, except where that person holds a breeding permit as provided for in Section 6.04.620 and is in compliance with its provisions regarding the sale or transfer of animals.

(Ord. No. 704, § 2, 12-14-2015)

A. Any person violating any provision of this chapter shall be given a notice of violation which shall quote the provisions being violated and require compliance. If the person fails to comply within sixty days of receipt of the compliance order, the person shall be subject to the administrative enforcement and penalty provisions set forth in Title 1.

1. The daily civil penalties for failure to comply with spay/neuter requirements of Chapter 6.04 of this code shall be up to twenty-five dollars per day, or such other sum approved by resolution of the city council, and the daily civil penalties shall commence sixty-one days after the owner's receipt of the compliance order. Every person who fails to comply with Chapter 6.04 of this code within sixty days of receipt of the compliance order shall also be guilty of an infraction.

2. The civil penalties for failure to comply with the breeding permit provisions of Section 6.04.620 shall be up to five hundred dollars per breeding dog or cat, or such other sum approved by resolution of the city council. Every person who fails to comply with Section 6.04.620 within sixty days of receipt of the notice of violation shall also be guilty of an infraction.

3. The civil penalty for violation of Section 6.04.630 shall be one hundred dollars for the first violation, two hundred dollars for the second violation, and five hundred dollars for the third and following violations, or such other sums approved by resolution of the city council. Every person who violates Section 6.04.630 is guilty of a misdemeanor.

B. The code compliance division may revoke any breeding permit issued upon finding that the permit holder has violated its terms and conditions. Such a finding shall be made only after a noticed hearing conducted by an administrative hearing officer in accordance with the provisions of Sections 1.06.120 through 1.06.140. If the hearing officer finds that a violation has occurred, the hearing officer will issue written findings and an order revoking the applicable breeding permit(s). The permit holder shall have the right to petition in the Santa Barbara County Superior Court for review of the hearing officer's decision in accord with Section 1.06.200.

(Ord. No. 704, § 2, 12-14-2015)