Chula Vista Municipal Code Ch. 6.24 Restraining Dogs

Sections:

• 6.24.010 Conditions of animal ownership.

• 6.24.020 Running at large prohibited.

• 6.24.030 Restraint of dogs by owner.

• 6.24.040 Barking dogs, enforcement procedure and nuisance.

• 6.24.050 Repealed.

• 6.24.060 Repealed.

• 6.24.070 Curbing dogs.

• 6.24.080 Female dogs in season.

• 6.24.090 Inhumane treatment and abandonment.

• 6.24.100 Guard dogs, dangerous dogs or potentially dangerous animals.

• 6.24.110 Proceedings to declare a dog a dangerous dog.

• 6.24.120 Impoundment, abatement and restrictions on dangerous dogs.

• 6.24.130 Entering food establishments prohibited – Outdoor dining areas accessible from outdoors excepted.

• 6.24.140 Complaints.

• 6.24.150 Presumption of responsibility for violation.

• 6.24.160 Enforcement provisions.

• 6.24.170 Violation declared a public nuisance.

• 6.24.180 Designated violations – Misdemeanors and infractions.

• 6.24.190 Found strays – Notification to the Chula Vista Animal Care Facility required.

***** For statutory authority for cities to seize and to impound dogs found running at large, see Agric. Code § 31101. Cross Reference: For provisions regarding rabies, see Ch. 6.28 CVMC.

Prior legislation: Ords. 1029, 1196, 1628 and 1633; prior code §§ 4.19, 4.20, 4.21, 4.22, 4.23 and 4.27.

Animal owners or keepers must comply with the following conditions of animal ownership, and the Animal Regulation Officer, as a condition of licensing, may require such owners or keepers to sign permit or license applications agreeing to comply with such conditions:

• A. Animals shall be restrained or confined as required by law.

• B. Animals shall be humanely treated at all times.

• C. Animals shall be provided food, water and shelter at all times and protection from the weather.

• D. Animals shall be provided adequate routine veterinary care.

• E. Animals shall be provided veterinary care for injuries and/or medical conditions.

• F. Animals shall not go without proper care when injured for more than 12 hours from time of injury.

• G. Vaccinations, licenses, and permits shall be obtained as required by law.

• H. Animal premises shall be kept sanitary and shall not constitute a fly-breeding reservoir, a source of offensive odors or of human or animal disease.

• I. Animal premises shall be kept sanitary and free of any feces at all times.

• J. Animals and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard. (Ord. 3226 § 1, 2012; Ord. 1706 § 1, 1976).

It is unlawful for any person owning, having interest in, harboring or having the care, charge, custody, control or possession of a dog to suffer, allow or permit such dog to:

• A. Be upon any public street, alley, park or other public place in the City, including public or private school grounds in the City, unless such dog is restrained by a chain, line or leash and is in the custody of some competent person, or unless such dog is confined within a motor vehicle;

• B. Be on premises of a person other than owner, possessor or keeper without consent, or in or upon a vehicle without the consent of the vehicle owner. (Ord. 3226 § 1, 2012; Ord. 1706 § 1, 1976).

Dog owners or persons having care or custody of dogs shall at all times keep their dogs on a leash or within an enclosed area on their own property or the private property of another, with the permission of the owner of that property, so as to prevent them from being at large or stray, from biting or harassing any person engaged in a lawful act, from interfering with the use of public property or with the use of another person’s private property, and from being in violation of other sections of this code. However, dogs may be at large while participating in field trials and obedience classes organized and sanctioned by recognized dog clubs, while assisting their owner or trainer in legal hunting or in the herding of livestock, while assisting a peace officer engaged in law enforcement duties, or while being trained for the above purposes on private land with the permission of the land owner, so long as such dogs are under direct and effective sound or gesture control, within sight of such individuals to assure that they do not violate any other provisions of law. (Ord. 3226 § 1, 2012; Ord. 1706 § 1, 1976).

• A. Definitions.

1. “Barking dog” means any dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property.

a. A dog shall not be deemed a “barking dog” for purposes of these provisions if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked, or when the dog is reacting to a property owner’s invitee or by a person attempting to conduct lawful business at the property.

b. Nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, shelters, farm and/or agricultural facilities, or areas where the keeping of animals or fowl is permitted pursuant to City or county codes.

2. “Extended period of time” shall consist of incessant barks, bays, cries, howls, or other noise for 60 minutes or more uninterrupted in any 24-hour period.

3. “Uninterrupted” shall mean barking may not stop for five minutes or more during the 60 minutes.

4. A “responsible person” is defined as any one of the following:

   • a. A person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog.

b. A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog.

c. A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog violation occurs.

• d. A person who possesses, has title to or an interest in, harbors or has control, custody or possession of a barking dog.

5. “Chula Vista Animal Care Facility” (“CVACF”) is the City department responsible for animal control and management. CVACF, and its Officers, are acting under the authority of the CVACF and City Manager and are therefore authorized to utilize the procedures for code compliance and enforcement contained in Chapters 1.20 and 1.41 CVMC.

B. Initial Barking Dog Complaints. The initial complaints about a barking dog are to be processed as detailed below. These steps must be undertaken prior to any barking dog citation issuance pursuant to subsections (C) and (D) of this section.

1. A Chula Vista resident lodges a barking dog complaint form with the Chula Vista Animal Care Facility (“CVACF”). The complaint must state: (a) the home address, email address and contact information for the complaining party; (b) the address location of the barking dog; and (c) specifics of when and for how long the barking dog barks, bays, cries, or howls. CVACF will not process a complaint without the above-listed information. The complainant must complete the complaint form in its entirety and mail or deliver it to the Chula Vista Animal Care Facility at 130 Beyer Way, Chula Vista, CA 91911.

2. In response to the above complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the complaint. The responsible owner will be given 10 days to resolve the situation.

3. The complainant can lodge a second complaint, with the same information required by subsection (B)(1) of this section, 15 days from the initial complaint should the dog continue to bark.

4. In response to the second complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the second complaint and to let them know the next step could be issuing a barking dog citation pursuant to subsection (C) or (D) of this section.

5. After two complaints have been lodged CVACF will not process barking dog complaints against this specific animal.

Chula Vista Animal Care recommends that neighbors make an attempt to resolve the problem with the responsible person prior to filing a formal complaint. Sometimes the responsible person is unaware of the noise and grateful for the opportunity to address the issue. If a formal complaint is submitted, CVACF will assist in an effort to help in the resolution of the reported problem.

C. Barking Dog Infraction Citation. A Chula Vista Animal Control Officer has the authority to issue a citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the “complainants”) who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within 100 feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection (B) of this section. Complainants’ complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued as an infraction and will not be issued unless the complainants sign a written promise to appear at the court hearing.

D. Barking Dog Administrative Citation. A Chula Vista Animal Care Officer has the authority to issue an administrative citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the “complainants”) who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within 100 feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection (B) of this section. Complainants’ complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued administratively and will not be issued unless the complainants sign a written promise to appear at the administrative appeal hearing if the responsible party lodges a timely administrative appeal.

E. Option of Mediation. Citations under subsection (C) or (D) of this section will not be issued, or will be held in abeyance, in the event that the complainants and the responsible party agree in writing to mediation. The City will provide its offices for this mediation. Mediation needs to be completed within 30 days of selecting this option. The City will attempt to provide mediation at no cost to the requesting parties but if it is unable to the requesting parties will agree to fund it in equal, pro rata shares between themselves.

F. Barking Dog Nuisance (Private). Any barking dog that satisfies the definition in subsection (A) of this section is hereby declared to be a private nuisance that permits a Chula Vista citizen to file a civil lawsuit in San Diego County Superior Court against the responsible party. The filing party is encouraged to obtain as much evidence as possible, including but not limited to audio recordings, in support of his or her nuisance lawsuit. City officers and records may be subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the costs thereof.

G. These provisions are the sum total of CVACF’s involvement with barking dog complaints and citations. CVACF will not confiscate dogs for barking alone. (Ord. 3258 § 1, 2013; Ord. 3226 § 1, 2012).

Repealed by Ord. 3258 § 1, 2013.

No person shall allow a dog in his custody to defecate or to urinate on public property or any improved private property other than that of the owner or person having control of the dog. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. Unsighted persons while relying on a guide dog shall be exempt from this section. If a violation of this section occurs, such persons shall immediately remove any feces to a proper receptacle. (Ord. 3226 § 1, 2012; Ord. 1706 § 1, 1976. Formerly 6.24.050).

Dog owners shall securely confine their female dogs while in season within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity. (Ord. 3226 § 1, 2012; Ord. 1706 § 1, 1976. Formerly 6.24.060).

No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer unnecessary torture or pain. No person shall abandon any domestic animal without care on any public or private property. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.070).

A. For the purpose of this section, an animal shall be deemed dangerous if it clearly demonstrates by its behavior a propensity to attack or bite a person or animal without provocation. The dangerous character of a dog does not depend upon the dog having actually bitten any person or animal, but may be determined by observation of its behavior. Further, a dog which has bitten any person or animal is not necessarily deemed to be dangerous, dependent upon the circumstances, such as the intrusion of persons into a confined space on private property, the teasing of the dog, or the cruel treatment of the dog. A dog shall not be deemed to be vicious who acts in protection or in defense of persons or of private property, if properly confined within an enclosure on the premises of the owner or custodian of the animal, which enclosure is violated by any person or animal. Dogs which are specifically maintained for guard dogs or protective purposes must be licensed with the City, showing such special guard or protective use. The owner or custodian of such an animal must stipulate that the premises wherein the animal is maintained are designed and constructed in such a manner as to protect all persons in the surrounding area and persons who may come upon the premises for ordinary and legitimate purposes as well as children who may, for any reason, be attracted to the premises. In the event that such dog does bite any person or animal, the quarantine provisions of CVMC 6.28.060 shall be applicable.

B. It shall be unlawful for the owner, custodian or person having control of a guard dog, dangerous dog, or potentially dangerous animal to fail to exercise ordinary care over the animal that results in the animal causing injury to a person engaged in lawful activity.

C. This section shall not apply to an animal that is being used by the military or law enforcement while the animal is performing in that capacity. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.080).

A. Whenever the City has reasonable cause to believe that a dog is a dangerous dog, it may commence proceedings to declare the dog a dangerous dog as follows:

1. The City shall serve on the owner or custodian a notice of intent to declare the dog a dangerous dog.

2. The notice shall inform the dog’s owner or custodian of all of the following:

   • a. The City’s authority to declare a dog a dangerous dog.

   • b. Each incident that forms the basis for the City’s proposed action.

   • c. The owner’s or custodian’s right to request a hearing to contest whether grounds exist for the City’s proposed declaration.

   • d. The potential consequences if the City issues a declaration declaring the dog a dangerous dog.

   • e. That a request for a hearing must be in writing and must be received by the City within 10 days from the date of notice.

   • f. Failure to request a hearing or failure to attend or be represented at a scheduled hearing shall satisfy the City’s obligation to provide a hearing and shall result in the City issuing a declaration that the dog is a declared dangerous dog.

g. A finding at the hearing that the dog meets the definition of a dangerous dog as prescribed by CVMC 6.01.010(N) shall result in the City declaring the dog a dangerous dog. A declared dangerous dog designation shall remain in effect for the dog’s lifetime.

B. When the City determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, before the City follows the procedures in subsection (A) of this section, the City may impound a dog before issuing the declaration declaring the dog a dangerous dog. In that case, with the notice required by subsection (A) of this section, the City shall include the reasons why immediate impoundment was necessary. (Ord. 3226 § 1, 2012).

A. The City may impound or abate any declared dangerous dog whenever the City determines that impoundment or abatement is necessary to protect the public health and safety or the safety of an animal.

B. When the City determines abatement is necessary, the City may destroy the dog or impose conditions on the dog’s owner or custodian, as a prerequisite for the dog’s owner or custodian continuing to keep the dog. The City may modify the conditions depending on a change in circumstances. It shall be unlawful for a person to fail to comply with a condition the City imposes under this section.

C. The City may impose one or more of the following conditions on a dog owner or custodian for a declared dangerous dog:

1. A requirement that the owner or custodian obtain and maintain liability insurance from an insurer licensed to transact insurance business in the state of California with coverage amounts that comply with the requirements of this subsection. The insurance shall provide liability insurance to the owner or custodian for any loss or injury that may result to any person or property caused by the dog. The insurance shall provide coverage for the owner or custodian in an amount of not less than $500,000 per occurrence, combined single limit for bodily injury and property damage. The owner or custodian shall furnish a certificate of insurance to the City and notify the City by registered mail within 10 days of receiving notice from the insurance company that the policy has been cancelled or will not be renewed. The insurance certificate shall provide the following information:

   • a. The full name and address of the insurer.

   • b. The name and address of the insured.

   • c. The insurance policy number.

   • d. The type and limits of coverage.

   • e. The effective dates of the coverage.

   • f. The certificate issue date.

2. Requirements as to the design, specifications, materials and other components of the dog’s enclosure.

3. Requirements as to the type of residence where the dog shall be maintained.

4. Requirements as to the type and method of restraint or muzzling the owner or custodian shall employ when the dog is not within its approved enclosure.

5. Requirements for photo identification, microchip implantation or permanent marking of the dog for purposes of identification.

6. A requirement that the owner or custodian obtains and maintains a dangerous dog registration in addition to the license required under Chapter 6.20 CVMC.

7. A requirement to alter the dog.

8. A requirement that the dog’s owner or custodian allows the City or any other law enforcement agency to inspect the dog and its enclosure.

9. A requirement that the dog’s owner or custodian provides the City with proof satisfactory to the City that the owner or custodian is complying with all the requirements of this section.

10. A requirement that the dog’s owner or custodian agrees to surrender the dog to the City on demand.

11. A requirement that the dog not be allowed to work as guard dog, attack dog or sentry dog.

12. Any other requirement the City determines is necessary to protect the public health and safety or the safety of an animal from the actions of a declared dangerous dog.

13. A requirement that the owner or custodian pay the City fees to recover the City’s costs to enforce and to verify compliance with this section.

D. The City shall provide a dog’s owner or custodian with written notice at least 10 days before impounding or abating a declared dangerous dog. The notice shall inform the owner or custodian of the right to a hearing to contest whether grounds exist to impound or abate the dog. If the owner or custodian requests a hearing under this section the hearing may be held in conjunction with the hearing pursuant to CVMC 6.24.110. If the dog’s owner or custodian requests a hearing before the dog is impounded or abated the City shall not impound or abate the dog until the hearing is concluded unless there is a need for immediate action as provided in subsection (A) of this section.

E. A dog’s owner or custodian who receives a notice under subsection (D) of this section may request a hearing to contest the City’s determination to impound or abate a dangerous dog. The owner’s or custodian’s request shall be in writing and shall be received by the City within 10 days of the date of the notice.

F. When the City determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, or if a dog has already been impounded under another provision of law, no pre-impoundment hearing shall be held. In that case, the City shall provide the dog’s owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest the abatement of the dog. The hearing request shall be in writing and shall be received by the City within the specified time period. If the owner or custodian requests a hearing, the dog shall not be disposed of until the hearing requirements are satisfied. Once the hearing procedures enumerated in CVMC 6.24.110 have been completed and there is a final decision that grounds exist to impound or abate a dog or the owner or custodian fails to request a hearing or attend or be represented at a scheduled hearing, the City may impound or abate the dog.

G. The owner or custodian of a declared dangerous dog, who intends to change the ownership, custody or residence of the dog, shall provide at least 15 days’ advance written notice to the City of the proposed change. The notice shall identify the dog and provide the name, address and telephone number of the proposed new owner or custodian, or the proposed new residence. The City may prohibit the proposed change when the City has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal, by issuing a written order to the owner or custodian. No person shall fail to comply with an order the City issues under this subsection.

H. An owner or custodian who transfers ownership or custody shall provide written notice to a new owner or custodian that the dog is a declared dangerous dog and of the conditions the City imposed pursuant to subsection (C) of this section. The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian, acknowledging receipt of the notice and acceptance of the conditions the City imposed. The owner or custodian shall provide the City with a copy of the notice and the signed acknowledgment from the new owner or custodian.

I. If a declared dangerous dog dies, the owner or custodian shall notify the City no later than 24 hours after the dog’s death. The owner or custodian shall produce the dog’s remains when requested by the City.

J. If a declared dangerous dog escapes, the owner or custodian shall immediately notify the City of the escape and make every reasonable effort to recapture it. The owner shall also notify the City within 24 hours of the dog’s recapture.

K. The owner, custodian or person in possession of a declared dangerous dog shall keep the dog restrained, confined or muzzled as appropriate for the circumstances, to prevent the dog from biting, attacking or otherwise causing injury to another.

L. The City’s authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case. (Ord. 3226 § 1, 2012).

It is unlawful for any person owning, having an interest in, harboring or having the care, charge, control, custody or possession of any dog to permit such dog to enter any restaurant, grocery store, milk depot, fruit or vegetable market, meat market, or any other place of business in the City where food or foodstuffs of any character used for human consumption are manufactured, sold, served or handled; provided, however, that this shall not apply to service animals.

At the discretion of the food facility operator, pet dogs are permitted in outdoor seating and dining areas of restaurants; provided, that the outdoor area is accessible from the outdoors and dogs do not enter any other part of the facility to access the outdoor area. Food facility operators are encouraged to follow guidelines published by the county of San Diego’s Department of Environmental Health and to work cooperatively with county inspectors to ensure compliance with applicable California laws on food safety, health, and sanitation. Dog owners must comply with other sections of this code, including leashing their dog, picking up waste, and preventing their dog from biting or harassing another person. Service animals are allowed in any dining area, indoor or outdoor. (Ord. 3231 § 1, 2012; Ord. 3226 § 1, 2012; Ord. 1706 § 1, 1976. Formerly 6.24.090).

Upon receiving a complaint from an identified person alleging a violation of this chapter, and upon receiving the name and address of the owner of the animal, if known, an investigation to determine whether a violation exists shall be made. If the investigation discloses a violation of this chapter, prosecution may be initiated against the owner. Complainants’ identities shall be kept confidential to the extent permitted by law. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.100).

In any prosecution involving an animal, charging a violation of any provision referred to in CVMC 6.24.160, proof by the people of the state of California that the particular animal described in the complaint was found in violation of any provision of said sections, together with proof that the defendant named in the complaint was at the time of the alleged violation the owner of the animal, shall constitute prima facie evidence that the owner of the animal was the person responsible for the violation of said provisions involving said animal. However, for the purposes of this section, proof that a person is the owner of said animal is not prima facie evidence that he has violated any other provisions of law. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.110).

The Animal Regulation Officer, each agent or deputy thereof who is assigned to duties which include the enforcement of animal regulation laws, and any peace officer are responsible for enforcing the provisions of this chapter and the following provisions of state law, each of which is incorporated by this reference:

• A. California Administrative Code: Title 17, Sections 2606 to 2606.8;

• B. Food and Agricultural Code:

  1. Article 1 (commencing with Section 17001) and Article 2 (commencing with Section 17041) of Chapter 7, Division 9, Part 1;

  2. Section 17121;

• C. Health and Safety Code:

  1. Chapter 3 (commencing with Section 1900) of Division 3;

  2. Chapter 13 (commencing with Section 25970) of Division 20;

• D. Penal Code Section 148;

• E. Any penal law of the state of California relating to or affecting animals. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.120).

The introduction, possession or maintenance of any animal, or the allowing of any animal to be in contravention of this chapter is, in addition to being a misdemeanor, hereby declared to be a public nuisance. The Animal Regulation Officers and police officers of the City are hereby authorized, directed and empowered to summarily abate any such public nuisance by any means reasonably necessary, including, but not limited to, the destruction of the animal or animals involved. (Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.130).

A. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise made in this code, is punishable by fine only as follows:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

B. Each such person shall be charged with a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued or permitted by such person, and shall, upon conviction, be punished accordingly.

C. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be summarily abated as such by this City; and each day that such condition continues shall be regarded as a new and separate offense.

• D. A violation of this code may be subject to an administrative citation. (Ord. 3231 § 1, 2012; Ord. 3226 § 1, 2012).

Any person finding a lost or stray dog shall notify the Chula Vista Animal Care Facility within 72 hours. (Ord. 3552 § 1, 2023; Ord. 3226 § 1, 2012; Ord. 1706 § 2, 1976. Formerly 6.24.140).