Corning Municipal Code Ch. 6.16 Dogs

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For statutory provisions on 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; for provisions authorizing cities to impose an animal license fee, see Gov. Code §38792.

The city council finds that there is a menace to the health and safety of the community by reason of dangerous dogs within the city which are not properly maintained or controlled; and further, finds that there is a menace to the health and safety of the community by reason of dogs being permitted to run at large upon the streets, alleys, sidewalks or public places within the city, or upon the property within the city of persons and entities other than the person, persons or entities owning, harboring, controlling or keeping such dog. Dogs which are dangerous or which are running at large are declared to be a public nuisance and the animal control officer shall abate such nuisance in the manner set forth in this title.

(Ord. 507 §1(part), 1991: Ord. 141 §1, 1957).

A. "Dangerous dog" means any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior:

1. An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peacefully and lawfully;

2. An attack which results in an injury to a person in a place where such person is conducting himself peacefully and lawfully;

3. Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peacefully and lawfully;

4. An attack causing injury to another domestic animal or to livestock which occurs off the property of the owner of the attacking animal;

5. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

Any dog exhibiting the foregoing behavior is presumed to be dangerous.

For the purposes of this section, a person is peacefully and lawfully upon the private property of an owner or possessor of the animal when he is on such property in the performance of any duty imposed upon him by the laws of the state or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, expressed or implied.

No dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner or keeper of the dog; or was teasing, tormenting, abusing or assaulting the dog; or has in the past been observed or reported to have teased, tormented, abused or assaulted the dog; or was committing or attempting to commit a crime.

B. "Muzzle" means a device constructed of a strong, soft material or a metal muzzle such as that used commercially with greyhounds. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(Ord. 507 §l(part), 1991; Ord. 462 §1, 1987).

A. It is unlawful for any person, persons, firm or corporation to own, harbor, control, keep, or bring any dog over the age of four months within the city unless such dog has attached to its neck or leg a substantial collar or device on which is fastened:

1. A metallic tag, giving the name and post office address of the owner of such dog; or

2. A metallic license tag issued by the authority of the county; or

3. A metallic license tag issued by the authority of the city; or

4. A license or a device issued by any other city or county of the state.

B. Such metallic tag, metallic license tag, or other device shall be sufficient to enable identification of such dog and to determine the owner thereof by examination of such tag or device, or by reference to the authority issuing the license or device.

(Ord. 193 §1, 1963; Ord. 141 §4, 1957).

The city clerk shall procure a license tag suitable to be attached to a dog collar and shall number the same and keep a record thereof, and shall issue the same to any person applying therefor upon the payment to such city clerk by the person so applying the sum of two dollars for spayed females or altered males and four dollars for all other dogs owned, harbored, controlled, or kept by such person within the limits of the city. Each license tag shall have stamped upon it the period of its issuance and shall be good for the calendar year for which it is issued.

(Ord. 293 §1, 1974; Ord. 141 §5(part), 1957).

Application for license shall give a description of the dog for which the license is to be issued, which application shall set forth the sex, approximate age, color and breed of the dog, if known, and the address at which the dog will be kept. Any license issued pursuant to such application shall apply only to the animal for which license is sought and shall not be transferable, nor shall the license tag issued be used on any other dog.

(Ord. 141 §5 (part), 1957).

A. Should a license tag be destroyed or lost, the person to whom such license tag was issued may obtain a duplicate thereof upon application to the city clerk and upon payment of the cost of replacing the same, which cost shall be from time to time fixed by resolution of the city council.

B. The fee for the issuance of a duplicate license shall be fifty cents.

(Ord. 188 §2(part), 1963: Ord. 141 §5(part), 1957).

Every owner who fails to obtain a license on or before the first day of the license period shall pay a late fee of five dollars in addition to license fees.

(Ord. 188 §2(part), 1963: Ord. 141 §5(part), 1957).

The provisions of Sections 6.16.030 through 6.16.060 of this chapter shall not apply to any dog which:

A. Is under the age of four months;

B. Is owned by a person visiting within the city, and such dog is not kept within the city for a period of more than ten days;

C. Has theretofore been licensed by some city or county of the state and such license is in full force and effect, and the dog is not within the city over thirty days;

D. Is used by an owner who is unable, unassisted, to go from place to place and whose dog is used to assist him in so doing.

(Ord. 193 §l(part), 1963: Ord. 141 §11, 1957).

Before any person, persons, firm or corporation may establish or maintain a commercial dog kennel or dog kennels within the city, except as permitted by Section 6.16.170(c) of this chapter, there shall be presented to the city council a written application for permit, in which application shall be stated the name of the person, persons, firm, or corporation seeking to establish such kennel or kennels, the proposed location thereof, and a statement, plan, or drawing of the proposed kennel or kennels and the manner of proposed operation thereof, and the location of the nearest dwellings and the distance between the dwellings and the dog kennel or kennels. Such application shall be considered by the city council and, if in the judgment of the city council the establishment and maintenance of such kennel or kennels will not create a nuisance, the city council may grant the application and permit the establishment and maintenance of such kennel or kennels for such period of time as the same do not constitute a nuisance to adjoining owners of property or others. The council, having granted such permit, may revoke the same when in its opinion any such kennel or kennels become a nuisance to adjoining property owners or others. Such permit shall be granted upon the condition that the person, persons, firm, or corporation establishing and maintaining the business shall at all times during the establishment and maintenance thereof comply with the applicable ordinances and laws, including the business license ordinance of the city.

(Ord. 141 §12, 1957).

It is unlawful for any person to own, harbor, control, or keep any dog within the city suspected of rabies without reporting such suspicion to the health officer and submitting such dog to the examination of the health officer or his representative. It shall be the duty of the health officer, when called upon, to examine or have examined such dog if it is suspected of having rabies, and to examine or have examined such dog if afflicted with rabies.

(Ord. 141 §13 (I), 1957).

Dogs suspected of having rabies shall not be killed, but shall be kept in confinement until the health officer or his representative shall find that further observation of the live animal is not necessary for the determination of the presence or absence of rabies; after the permission of the health officer has been secured, dogs afflicted with rabies may be killed.

(Ord. 141 §13 (II), 1957).

Whenever it is shown that any dog has bitten any person, the owner or person harboring, controlling, or keeping such dog shall upon the order of the health officer or animal control officer deliver the dog to the animal control officer, who shall quarantine it and keep it confined for a period of ten days; and the health officer may make an examination or inspection thereof at any time during the period. If it appears to the health officer upon examination as aforesaid, or otherwise, that a dog has the rabies, he shall forthwith kill or cause to be killed such dog. Isolation shall be at the city pound, except that dogs which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian in the pound or a veterinary hospital, may be released from isolation by the local health officer, or his representative, after five days of veterinary observation, if upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease.

(Ord. 507 §1(part), 1991; Ord. 248 §1, 1969: Ord. 141 §13 (III), 1957).

Whenever any animal shall be bitten by another animal having rabies, the owner or person harboring, controlling, or keeping the animal so bitten shall, upon being informed thereof, either kill such animal or quarantine it and keep it tied up or confined for a period of six months, and the health officer shall have the power in his discretion to kill or quarantine the animal so bitten, in case the owner or person harboring, controlling, or keeping the same shall fail to do so immediately, or in case the owner or person harboring, controlling, or keeping such animal is not readily accessible.

(Ord. 141 §13 (IV), 1957).

It is unlawful for any person to bring a dog into the city from any area in which rabies have been known to exist within six months previously, except upon the written permission of the health officer, and such permission is to be granted only upon the condition that the dog whenever in the city during a period of six months from and after such permission, will be confined and muzzled.

(Ord. 141 §13 (V), 1957).

During the existence of rabies, or any case of rabies within the city, or if such existence be suspected, the health officer is empowered to order all dogs in the city to be muzzled, and it shall be unlawful for any person to disobey such order. Notice of such order may be given by publication for one time within a newspaper of general circulation, printed, published and circulated within the city.

(Ord. 141 §13 (VI), 1957).

The city shall provide dog vaccination clinics or arrange for dog vaccination at clinics operated by veterinarians, held at some strategic location in the city, at least once each year, and as near the first of the year as is practical. Such clinics may be combined with clinics of the county, and may be combined as a single operation with the issuance of licenses. No license shall be issued unless the dog has been vaccinated for rabies within a period specified by the State Department of Public Health. Owners of dogs may elect to have their dogs vaccinated by a licensed veterinarian of their own choice, but shall produce proof of such vaccination prior to the licensing of the animal. Veterinarians giving vaccinations shall furnish an appropriate vaccination certificate showing the fact and time of vaccination and the type of canine rabies vaccine administered.

(Ord. 171 §2(part), 1961; Ord. 141 §13 (VII), 1957).

In all matters relating to the control of rabies not provided for by this chapter, the appropriate provisions of Sections 1900 through 2000 inclusive of the California Health and Safety Code, and Sections 2604 through 2606.6, inclusive, of the California Administrative Code, as the same may now exist or hereafter be amended, shall prevail.

(Ord. 171 §2(part), 1961: Ord. 141 §13 (VIII), 1957).

It is unlawful for any person, persons, firm, or corporation:

A. To kill, injure or impound any dog, the owner, harborer, controller, or keeper of which has complied with the provisions of this chapter, except as otherwise provided in this chapter;

B. To bring a dog into the city from any area in which rabies has been known to exist within six months previously, except upon the written permission of the health officer, and such permission shall be granted only upon the condition that the dog, whenever in the city during a period of six months, will be confined and muzzled;

C. To maintain, keep, manage, or operate a dog kennel or kennels within the city in which dog kennel or kennels three or more dogs are kept on any premises of such person, persons, firm or corporation, or by any member of the family of such person or persons, or the associate of such person or persons, firm or corporation, except pups under the age of three months, except as otherwise provided in Section 6.16.080 of this chapter;

D. To violate any of the provisions of this chapter, or fail to comply therewith.

(Ord. 141 §3, 1957).

It is unlawful for any person, persons, firm or corporation, owning, harboring, controlling, or keeping a dog within the city:

A. To permit such dog to be upon any street, alley, sidewalk or other public place in the city or upon the property within the city of persons other than the persons or entities owning, harboring, controlling or keeping such dog unless the dog is secured by a leash or line under the control of the person in charge of the dog, or is securely fastened to some permanent fixture, or confined or restrained in some other secure manner;

B. To suffer or permit any female dog to be accessible to male dogs at any time during the period when such female dog is in heat or breeding condition, except that such female dog may be bred in an enclosure which is not subject to view from any street, alley, public place, or place where the public is permitted to be;

C. To keep or conceal any such dog for which a license fee is required and has not been paid and for which a written license has not been issued as provided in this chapter;

D. To refuse to produce a license certificate issued, when called upon to do so by the animal control officer, by the health officer, by any police officer, or by any other duly constituted officer of the city;

E. To permit such dog, by barking, whining, growling, howling or other noise, to disturb the peace and quiet of any person or persons; or

F. Not to make adequate provision for avoidance and elimination of foul odors from excreta of such dog;

G. Violation of this section shall be an infraction, punishable as set forth in Section 1.08.010C of this code.

(Ord. 507 §1(part), 1991; Ord. 219 §1(1), 1966; Ord. 141 §2, 1957).

The provisions of Section 6.16.180A pertaining to dogs running at large shall not apply to the operations of police officers in the use of official police dogs while on duty.

(Ord. 507 §1 (part), 1991).

A. A dog which habitually annoys or otherwise molests persons or other domestic animals, or property within the city or habitually annoys, follows, or otherwise molests automobiles or bicycles and their operators while upon the public ways of the city, or habitually molests children, is declared to be a nuisance and no owner shall have or keep any such dog.

B. For purposes of this section, three or more complaints received, investigated and confirmed by the animal control officer within a ninety-day period shall constitute evidence of habitual behavior. A violation of this section is declared to be an infraction.

(Ord. 505 §1, 1990; Ord. 462 §2, 1987).

It is unlawful for any person who owns, or is in charge of or possesses a dog to permit, allow or cause the dog to run, stray or be uncontrolled in violation of Section 6.16.l80A so that the dog bites, attacks, or causes injury to any human being.

A. If prior to the bite, attack or injury there has been a hearing and final determination that the dog is a dangerous dog, under the definition set forth in Section 6.16.015A then violation of this section shall be a misdemeanor punishable by a fine of not less than three hundred dollars nor more than one thousand dollars and imprisonment for up to ten days.

B. If subsection A is not applicable because there has been no such hearing and final determination, but prior to the bite, attack or injury the dog meets the definition of a dangerous dog as set out in Section 6.16.0l5A, then violation of this section shall be a misdemeanor punishable by a fine of not less than two hundred dollars nor more than seven hundred fifty dollars, but not by imprisonment.

C. If neither subsection A nor B is applicable, then violation of this section shall be an infraction punishable as set forth in Section 1.08.010C of this code.

(Ord. 507 §1(part), 1991).

A. A dog having been impounded under the provisions of this chapter, the owner or person, persons, firm or corporation harboring, controlling or keeping such dog may, if he or it desires the release thereof, apply to the animal control officer for such release and the animal control officer shall release such dog upon the payment of such release fee as may from time to time be fixed by the city council by resolution, together with the costs of feeding and cost of taking up such dog, and all other expenses in taking up, impounding and caring for such dog, if any such expenses there be; and no dog shall be released unless and until a receipt has been produced for the payment of the license fee provided by Sections 6.16.030 through 6.16.060 of this chapter. The requirement to release an impounded dog upon application therefor and payment of fees shall not apply to a dog which has been quarantined pursuant to Sections 6.16.090 through 6.16.160 of this code nor shall it apply to dogs which have bitten, attacked or caused injury to a human being, the disposition of those dogs being provided for in Section 6.16.250 of this code.

B. In any event, for dogs which have been impounded under the provisions of this chapter which are apprehended within the city limits, which are found to belong to persons residing outside the city limits, the release fee shall be two times the release fee fixed for dogs owned by persons residing within the city limits, as fixed from time to time by resolution of the city council. Such dogs shall not be required to have a receipt for a license, if licensed by any other jurisdiction. In the event the dog is not licensed by any other jurisdiction, then a receipt for payment of a license fee shall be required.

(Ord. 507 §1 (part), 1991; Ord. 259 §1, 1970; Ord. 141 §8, 1957).

A. In the event that any dog impounded under the provisions of this chapter is not released within seventy-two hours, the animal control officer shall destroy or cause to be destroyed such dog, or otherwise dispose thereof as provided in this section. This requirement to destroy or otherwise dispose of a dog shall not apply to a dog which has been quarantined pursuant to Sections 6.16.090 through 6.16.160 of this code nor shall it apply to dogs which have bitten, attacked or caused injury to a human being, the disposition of those dogs being provided for in Section 6.16.250 of this code.

B. Before releasing any dog impounded, the animal control officer must require presentation to him of a receipt for the payment of the license fee and other fees and expenses provided in this chapter.

C. In the event that the owner or person, persons, firm or corporation harboring, controlling, or keeping any dog which has been impounded does not have the same released, and the dog has become subject to destruction under the provisions of this chapter, the animal control officer may permit any other person to have the dog released upon payment of fees, expenses and other claims as provided in this chapter. Should two or more persons desire to have the same released, the person offering the greater amount over and above such fee, expenses and other claims at the time of release, shall be entitled to the release of such dog.

(Ord. 507 §1(part), 1991; Ord. 141 §9, 1957).

In addition to any penalties which may be imposed for violation of the provisions of this chapter, the city council may, from time to time, adopt resolutions establishing charges to be made for the cost of picking up dogs and keeping them in the city pound. (ord, 507 §1(part), 1991; ord. 505 §4, 1990; ord. 458 §2, 1987; ord. 219 §1(2), 1966: ord. 141 §15, 1957).

Dangerous dogs which are not properly maintained or controlled are declared to be a public nuisance and subject to abatement according to law. The city may, under the authority set forth in the Food and Agriculture Code of the state of California, apply the provisions of Title 6 of this code in dealing with dangerous dogs or, in the discretion of the city manager, apply the provisions set forth specifically in the Food and Agriculture Code of the state, or, to the extent they are not inconsistent, apply both.

(Ord. 507 §1 (part), 1991).

Upon reasonable information, a hearing officer who is not an employee of the city (hereafter referred to as "officer"), designated by the city manager, may initiate a hearing in accordance with the following procedures to determine whether a dog is dangerous:

A. If the dog is not licensed, notice of the hearing shall be personally served on the owner or custodian of the dog not less than seven days prior to the hearing. If the dog is licensed, in the alternative, notice of the hearing may be served by letter addressed to the owner or custodian of the dog at the address given on the license application, deposited in the United States first-class mail, not less than fourteen days prior to the hearing.

B. The officer shall act as the hearing officer. The owner or custodian of the dog and any interested parties may present testimony and relevant evidence helpful to a determination. The hearing shall be tape-recorded. Following submission of all the evidence, the officer shall make a determination, which decision shall be final and not subject to appeal except by petition or application to a court of law. If the officer determines that the dog is dangerous, no further administrative enforcement action shall occur until twenty days have elapsed following the decision, except that impoundment of the dog under Section 6.16.250 may be continued until a determination becomes final and disposition of the dog is resolved. If legal proceedings challenging the decision are instituted and a summons is served before twenty days have elapsed, then administrative enforcement shall be suspended pending a final determination by the courts.

C. Upon any conviction of a violation of Sections 6.16.196B or 6.16.260B, the determination by the court that a dog meets the definitions of a dangerous dog under Section 6.l6.015A shall be conclusive.

D. If there has been a final determination pursuant to subsection B or C of this section that the dog is a dangerous dog, then the officer shall order that within thirty days the owner of the dangerous dog comply with those conditions for maintenance and control of the dog set forth in subsection E of this section which the officer finds necessary or appropriate to protect the public safety and welfare.

E. No person shall own, maintain, or possess a dog determined to be a dangerous dog, except upon one or more of the following conditions which the officer finds necessary or appropriate to protect the public safety and welfare:

1. The dog shall not be permitted to be loose, or to create any danger to the peace, health or safety of the people in the vicinity of the location where it is kept or maintained.

2. If the dog is not kept securely within a cage or a building, or within a fenced area accessible only by the dog's owner or custodian, the premises where the dog is maintained shall be posted to warn of the presence of a dangerous dog. Signs shall be placed at each point of access where the dog may be present, or at fifty-foot intervals around the perimeter of the area where the dog may be present if the perimeter does not have a fence or other obstruction to access by human beings.

3. The dog shall be provided with proper and adequate food, water, ventilation, shelter and care at all times; the dog may not be subject to neglect, suffering, cruelty or abuse.

4. The city's animal control officer shall be allowed at any reasonable time to inspect the dangerous dog and the conditions of care and maintenance of the dangerous dog.

5. The dog shall not be allowed to have contact with children that are younger than eleven years of age and not residents on the premises where the dog is kept.

6. The owner of the dog shall be required to furnish proof of general liability insurance covering the owner and activities on the premises where the dog is maintained, in a minimum amount of fifty thousand dollars.

7. A dangerous dog shall be spayed or neutered, at the owner's expense, within sixty days of a final determination that the dog is dangerous.

8. Such other conditions that the officer finds necessary or appropriate to protect the public safety and welfare.

F. Upon reasonable information that the conditions of owning or maintaining a dangerous dog have been violated, the city manager may designate a hearing officer and initiate a hearing in accordance with the procedures of subsections A and B of this section to determine if the conditions have been violated. If there is a prosecution and conviction under Sections 6.l6.l96A, 6.16.196B, 6.l6.260A or 6.16.260B, then such conviction shall conclusively establish that the minimum conditions of maintenance and control of the dangerous dog have been violated. If there is a final determination, either by administrative hearing or by court conviction as set forth above, that any of the conditions of maintaining or controlling a dangerous dog have been violated, then after the time for appeal has elapsed the officer has discretion to either release the dog to its owner or custodian on such terms and conditions as the officer may specify to protect the public safety and welfare or order that the dangerous dog be humanely destroyed.

G. If pursuant to subsection F of this section the officer orders that the dangerous dog be destroyed, and the dog has not been impounded under Section 6.16.250, then the owner or custodian of the dog shall comply within thirty days by either (1) delivering the dog to the animal control officer for destruction, or (2) having the dog humanely destroyed by a licensed veterinarian. If the dog is destroyed by a veterinarian, then proof of destruction shall be supplied by a declaration under penalty of perjury signed by the veterinarian. Refusal to comply with the order of the hearing officer shall be punishable as a misdemeanor. The penalty for each such refusal (violation) shall be a fine of not less than two hundred dollars nor more than one thousand dollars, and up to ten days imprisonment.

(Ord. 507 §1(part), 1991).

Any dog which bites, attacks, or causes injury to any human being may be immediately seized by the animal control officer of the city and impounded pending a hearing and determination pursuant to Section 6.16.240 or prosecution under Sections 6.16.196A, 6.16.196B, 6.16.260A or 6.16.260B. The costs of any impoundment shall be paid by the dog owner in addition to any fines imposed for violation of this chapter.

A. If the purpose of the hearing is to determine whether or not the dog is dangerous, or there is a prosecution under Section 6.16.196B or 6.16.260B, and there is a final determination that the dog is a dangerous dog, then the dog shall be released to its owner or custodian upon proof by such owner or custodian of the present ability to comply with the conditions imposed upon the owner or custodian pursuant to Section 6.16.240E. If the owner or custodian of the dangerous dog cannot demonstrate the ability to comply with the conditions within thirty days of a final determination that the dog is dangerous, then the dog shall be humanely destroyed.

B. If the hearing is initiated pursuant to Section 6.16.240F to determine if conditions of maintenance or control of a dangerous dog have been violated, or there is a prosecution under Sections 6.16.196A or 6.16.260B, then upon a final determination that Section 6.16.240C has been violated and the time has lapsed for an appeal, the hearing officer in his or her absolute discretion may either release the dog to its owner or custodian on such terms and conditions as the hearing officer may specify to protect public safety and welfare or order that the dog be humanely destroyed.

(Ord. 507 §1(part), 1991).

A. A person who owns, or is in charge of, or controls or possesses a dog which has been determined to be a dangerous dog in accordance with Section 6.16.015A shall be guilty of a misdemeanor if said dog bites or causes injury to any human being peacefully and lawfully upon the premises where the dog is owned or maintained. The penalty for each such violation shall be a fine of not less than two hundred dollars nor more than one thousand dollars, and up to ten days imprisonment.

B. A person who owns, or is in charge of, or controls or possesses a dog which is a dangerous dog within the definition of Section 6.16.0l5A, but which has not previously been administratively determined to be a dangerous dog, shall be guilty of a misdemeanor if said dog bites or causes injury to any human being peacefully and lawfully on the premises where the dangerous dog is kept or maintained. The penalty for each such violation shall be a fine of not less than one hundred dollars nor more than five hundred dollars, but not imprisonment.

(Ord. 507 §1(part), 1991).

Any dog which is assisting a peace officer engaged in law enforcement duties shall be exempt from the provisions of Sections 6.l6.0l5A, 6.16.197, 6.16.230, 6.16.240, 6.16.250 and 6.16.260.

(Ord. 507 §1 (part), 1991).