Colton Municipal Code Ch. 7.08 Proper Care of Animals

These standards are promulgated with the understanding that animals are sentient beings—With consciousness, sentience, or in some contexts life itself. Sentient beings are composed of the five aggregates—Matter, sensation, perception, mental formations and consciousness. The City of Colton recognizes that animals are sentient and can experience both positive and negative emotions, including pain and distress. As a result, all animals deserve to be cared for in ways that are respectful of these sentiments. Every person owning or occupying any property or premises where any animal or bird is kept shall keep such premises clean and sanitary. Any feces, uneaten food, or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily and not allowed to accumulate. This provision shall not prohibit the owner or occupant of any premises from storing such feces, uneaten food, or other matter in a closed container prior to disposal. In addition, every person owning and animal shall also comply with the following:

A. An animal's owner shall keep the animal in a clean, sanitary, and healthy condition.

B. An animal's owner or handler shall provide for the animal:

1. Regular and adequate amounts of nutritious food that is appropriate for the species and that maintains the animal in good health;

2. A constant and adequate supply of clean, fresh, potable water that keeps the animal hydrated for environmental conditions; and

3. Care and medical treatment for injuries, parasites, and diseases that is sufficient to maintain the animal in good health and minimize suffering.

C. An animal's owner shall provide the animal with shelter that:

1. Is large enough for the animal to enter, stand, turn around, and lie down in a natural manner;

2. Keeps the animal dry;

3. Provides the animal with natural or artificial shade from direct sunlight;

4. Protects the animal from excessive heat and cold and other adverse weather conditions; and

5. Is adequately ventilated.

D. An animal's owner may not confine the animal to the extent that it is forced to stand, sit, or lie in its own excrement.

E. An animal's owner shall regularly maintain the animal and its shelter to prevent odor or a health or sanitation problem.

F. An animal's owner shall provide the animal with exercise space that is large enough to prevent injury and keep the animal in good condition.

G. It is an affirmative defense to prosecution under this section that the animal's treatment was as directed by a licensed veterinarian.

(Ord. No. O-09-16, § 2, 6-7-2016)

It shall be unlawful to tether a dog, except as follows.

A. A dog may be restrained to an overhead running line, pulley, or trolley system under the following conditions:

1. The tether is attached to the dog by means of a suitable, properly-fitted collar or harness not exceeding two inches in width. Choke or prong collars are not permitted. The tether must have a swivel on both ends.

2. The tether provides access to adequate space for the dog to move about freely and cannot become entangled in such a way that would prevent the dog's mobility or cause strangulation.

3. At minimum, the tether should be four times the length of the dog from the tip of the nose to the tip of the tail and the tether must allow the dog to lie down with its head flat on the ground and provides an additional twelve inches of slack.

4. The tether is made of a durable, lightweight material that will not cause unnecessary stress on the dog. The tether shall not weigh more than three percent of the dog's total body weight. Thick chains and other heavy lines are prohibited.

5. The tether allows the dog to move at least 30 feet. Otherwise, the dog must be removed from the tether at least twice a day for exercise and/or socialization for a minimum of sixty minutes each day.

6. The tether does not inhibit the animal's access to shelter shade, food, and water; and

7. Intact dogs may not be tethered under any circumstances.

(Ord. No. O-09-16, § 2, 6-7-2016)

Every animal found running at large or trespassing upon any private property within the City may be captured by the party owning, controlling or having possession of such property, or by his representative, provided, however, that the only trap used in such capture shall be of a type of trap approved by the Animal Control Officer. Such person(s) may make reasonable attempts to ascertain ownership of the animal for up to seven days. Thereafter, the party having possession of the animal may avail themselves of California Civil Code, section 2080 or the animal may be committed to the Animal Control Officer. This section shall not apply to community cats, as defined in this title.

(Ord. No. O-09-16, § 2, 6-7-2016)

It shall be the duty of any person owning or having charge, custody or control of any dog to ensure that reasonable care and precautions are taken to prevent the dog leaving, while not on leash, the real property upon which it is kept and that either (1) it is securely and humanely enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own volition, which enclosure is securely locked or fastened at any time the dog is left unattended; or (2) it is securely and humanely restrained by a chain with swivel, cable or trolley or other tether of sufficient strength to prevent escape, provided that the dog while so chained or tethered cannot go beyond the boundaries of the real property upon which it is maintained or upon the public right of way; or (3) it is on leash and under the control of a competent person.

(Ord. No. O-09-16, § 2, 6-7-2016)

No person owning or having charge, care, custody or control of any dog shall, either intentionally or unintentionally, cause, permit or allow the same to be or run at large upon any street or other public place, or upon any unenclosed lot or place in the City or upon the private property of another without permission of the person owning or in possession of such property unless such dog is restrained by a substantial chain or leash and is in control of a competent person; provided, however, the provisions of this section shall not apply to any official police dog while such animal is on duty.

(Ord. No. O-09-16, § 2, 6-7-2016)

It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him or her, to run at large in the City at any time during the period when the dog is in season or breeding condition.

(Ord. No. O-09-16, § 2, 6-7-2016)

No person shall have, keep or maintain, or have in his or her possession or under his or her control on any residentially-zoned property any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or any poisonous reptile, or any other dangerous or carnivorous wild animal or reptile; provided, however, such animals may be permitted on such residentially-zoned lots on the condition that a permit is obtained from the Development Services Director or his or her duly authorized representative.

Such permit shall only be granted upon a showing by the applicant that adequate safeguards have been established and will be maintained which will effectively control the dangerous or vicious propensities of such animal or reptile, eliminating any danger to individuals or property, and provided that the keeping or maintaining of such animal or reptile will in no way constitute a nuisance to the occupants of any surrounding property. The denial of the permit shall be in writing and shall specify the grounds for such denial. The applicant shall have ten days from the date the permit was denied in order to appeal such denial to the City Council.

(Ord. No. O-09-16, § 2, 6-7-2016)

A. It is unlawful for any person to willfully and maliciously annoy, tease, taunt, torment, strike, threaten to strike, startle, attempt to startle or throw any object at any official police dog or any official police horse. The conduct prohibited hereby shall include, but not be limited to, the use of any part of the body, including the voice, or the use of any object, including liquids, or a vehicle with the intent to accomplish one or more of the above acts.

B. It is unlawful for any person, other than an authorized employee or agent of the Police Department or a person authorized by the police officer in possession of said animal, to feed or touch, or attempt to touch an official police dog or official police horse or the equipment attached to or housing said animal while on duty.

(Ord. No. O-09-16, § 2, 6-7-2016)

It is unlawful for any person, other than the police officer in lawful possession of such animal, to give commands or attempt to give commands to any official police dog or official police horse or otherwise interfere with such animal while it is on duty.

(Ord. No. O-09-16, § 2, 6-7-2016)

The owner of any dead animal shall dispose of the carcass of such animal in a sanitary manner as prescribed by the Animal Control Director or his or her designee within twenty-four hours after said owner has knowledge of the animal's death. No person shall bury any dead animal in the City unless approved by the Animal Control Director or his or her designee . It shall be the duty of the Animal Control Director or his or her designee to take custody of all dead animals from the owner when requested.

(Ord. No. O-09-16, § 2, 6-7-2016)

The Animal Control Director or his or her designee shall be responsible for the disposal of all dead animals whose ownership cannot be established.

(Ord. No. O-09-16, § 2, 6-7-2016)

Whenever deceased animals picked up by the Animal Control Officer carry identification of any kind, the owner shall be notified and a notice posted at the shelter giving such information in an easily visible location.

(Ord. No. O-09-16, § 2, 6-7-2016)

It is unlawful for any person to knowingly abandon any animal within the City. Any person violating this section shall bear full costs and expenses incurred by said City in the care of said abandoned animal and said person shall reimburse to the City all costs therefor as determined by the Animal Control Officer and may be subject the provisions of California Penal Code, section 597.

(Ord. No. O-09-16, § 2, 6-7-2016)

A. No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack food or water, or other circumstances that could reasonably be expected to cause suffering, disability or death to the animal. Nor shall any person leave or confine an animal in any unattended motor vehicle in such a manner as to endanger persons lawfully passing by the vehicle.

B. The Animal Control Director or his or her designee are authorized to remove and impound any animal found in violation of subsection A above if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal, or that present an immediate threat to public safety. Animals impounded pursuant to this section shall be taken to the City's animal shelter or, if deemed necessary, to a licensed veterinarian for examination and/or treatment.

C. The Animal Control Director or his or her designee are authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible is made. Any person authorized to enforce this section who removes an animal from a motor vehicle shall, in a secure and conspicuous location on or within the motor vehicle, leave a written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.

D. Nothing in this section shall preclude prosecution under both this section and Section 597 of the California Penal Code or any other provision of law, including any applicable federal, state, or local law, regulation, or ordinance.

E. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.

(Ord. No. O-09-16, § 2, 6-7-2016)

It shall be unlawful to offer for sale, exchange, or give away puppies or kittens in public places such as in front of stores, at swap meets, or auctions.

(Ord. No. O-09-16, § 2, 6-7-2016)