Corona Municipal Code Ch. 6.12 Dogs and Cats - General Regulations

It is unlawful for any person to own or keep within the city any dog over the age of four months for a period longer than 30 days unless, as required by this chapter, the dog is currently licensed by the Animal Control Bureau and there is attached to such dog a current dog tag.

(`78 Code, § 6.12.010.) (Ord. 3246 § 2, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011.)

Statutory reference:

For statutory provisions authorizing cities to license dogs, see Cal. Gov’t Code § 38972 and Cal. Food and Agriculture Code §§ 30501 et seq.

(A) A dog license shall be issued if the owner, keeper or other responsible party completes both of the following:

(1) Submits a certificate of vaccination as provided for in § 6.12.060 below; and

(2) Pays the applicable license fee as provided for in § 6.12.030 below.

(B) The city will issue one-, two- or three-year licenses as long as the certificate of vaccination will not lapse during the license period. Under no circumstance shall a license period exceed the life of the rabies vaccine, as described in the certificate of vaccination.

(C) Each dog license shall state the name and residence of the person to whom the license is issued, the amount paid therefor, the date when issued, the date of expiration, a description of the dog and the number of the tag assigned to the licensee.

(D) No dog license required by this chapter shall be transferable to a different dog, and no person may transfer a dog license issued to them to another person, except to a member of that person's immediate family.

(E) The dog license requirements of this chapter shall not apply to dogs of owners or keepers who are not residents of the city and who:

(1) Are traveling through the city;

(2) Are temporarily sojourning in the city for a period not exceeding 30 days; or

(3) Are only in the city to participate in a dog show.

(`78 Code, § 6.12.040.) (Ord. 3246 § 3, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 2, 1984; Ord. 1608 § 1, 1981.)

(A) The fee for each dog license shall be in an amount established by resolution of the City Council.

(B) There shall also be an income qualified dog license fee which shall be in an amount established by resolution of the City Council. This fee shall be available to an owner who, in addition to the other requirements of § 6.12.020 above, submits a veterinarian's certificate of sterilization for the dog and who has a gross household income as defined in Cal. Revenue and Taxation Code § 20514. An owner shall be entitled to no more than two such income qualified licenses at any time.

(C) The license fee shall be due and payable prior to issuance of a license and upon expiration of an existing license. A late fee, in an amount established by resolution of the City Council, shall be charged if a license is not obtained and the license fees are not paid within 30 days after:

(1) The dog reaches the age of four months; or

(2) The dog is brought into the city limits; or

(3) The expiration of a license previously issued by the city for such dog.

(`78 Code, § 6.12.040.) (Ord. 3246 § 4, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 2, 1984; Ord. 1608 § 1, 1981.)

No fee shall be required for a license or microchipping for any service dog.

(`78 Code, § 6.12.060.) (Ord. 3246 § 5, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011.)

The Animal Control Bureau shall keep a registry of all licenses issued, showing the name, address and telephone number of the person to whom the license is issued, the date of issuance, the name of the dog (if known), a description of the dog (including its breed, color and sex), the number of the license issued and, if applicable, the number of the microchip implanted in the animal. This registry and the one required by § 6.12.056 below may be combined or maintained together.

(`78 Code, § 6.12.070.) (Ord. 3246 § 6, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011.)

(A) All dogs and cats adopted from the city's animal shelter shall be implanted by the city with an identifying microchip at the expense of the owner, keeper or other responsible party. Except as provided for in § 6.12.052(C) below, all dogs and cats redeemed from the city's animal shelter shall be implanted by the city with an identifying microchip at the expense of the owner, keeper or other responsible party.

(B) Though not mandatory, all other dogs and cats whose owners or keepers reside in the City are encouraged to be implanted with an identifying microchip upon reaching eight (8) weeks of age, unless a California licensed veterinarian believes that it is not appropriate for that particular dog or cat. The microchip may be implanted by the city, to the extent and under the conditions that the city is able to offer such service, or by another appropriate entity or person.

(C) The mandatory microchipping requirements shall not apply to any of the following:

(1) A dog or cat with a high likelihood of suffering serious bodily injury if implanted with the microchip identification due to the health conditions of the animal. The owner or keeper must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation.

(2) A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or keeper must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation.

(3) A dog or cat that is kenneled or trained in the city, but is owned by an individual that does not reside in the city. The owner or keeper must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or keeper of the animal permanently resides, including, but not limited to, the applicable licensing and rabies vaccination requirements of that jurisdiction.

(4) A dog or cat whose owner or keeper is not a resident of the city and who: (a) is traveling through the city; (b) is temporarily sojourning in the city for a period not exceeding thirty (30) days; or (c) is only in the city to participate in an animal show.

(D) Nothing in this section supersedes, eliminates or alters the requirements of §§ 6.12.010, 6.12.030 or any other licensing requirements of this chapter.

(Ord. 3246 § 7, 2016)

The fee for an identifying microchip device implanted by the city shall be in an amount established by resolution by the City Council. The fee shall be in addition to the cost of a license required by this chapter and the cost of adoption or redeeming a dog or cat from the city's animal shelter. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the department's registry as required by § 6.12.056. As provided for in § 6.12.040, no fee shall be required for the microchipping of any service dog.

(Ord. 3246 § 8, 2016)

(A) The Animal Control Bureau shall keep a registry of all dogs and cats required to be implanted with an identifying microchip, as provided for in this chapter, showing all of the following: the microchip number; the name, address and telephone number of the animal's owner, keeper or other responsible party, the name of the dog (if known) and a description of the animal (including its breed, color and sex), as well as, in the case of a dog, its dog license information. This registry and the one required by § 6.12.050 above may be combined or maintained together.

(B) The owner, keeper or other responsible party of a dog or cat which has been voluntarily implanted with an identifying microchip are encouraged to provide the information required by § 6.12.056(A) above to the Animal Control Bureau and to notify the bureau of any change of ownership of the dog or cat, as well as any change in the information required by § 6.12.056(A) above.

(Ord. 3246 § 9, 2016)

(A) An owner or custodian who offers any microchipped dog over the age of eight (8) weeks for sale, trade, or adoption, whether or not for compensation, is encouraged to provide its microchip number and valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers should also appear on a document transferring the dog to the new owner. Within ten (10) business days after the transfer, the owner or custodian is also encouraged to advise the Animal Control Bureau of the name and address of the new owner or custodian in accordance with § 6.12.056 above.

(B) An owner or custodian who offers any microchipped cat over the age of eight (8) weeks for sale, trade, or adoption, whether or not for compensation, is encouraged to provide its microchip identification number with the offer of sale, trade or adoption. The microchip number should also appear on a document transferring the cat to the new owner. Within ten (10) business days after the transfer, the owner or custodian is also encouraged to advise the Animal Control Bureau of the name and address of the new owner or custodian in accordance with § 6.12.056 above.

(Ord. 3246 § 10, 2016)

Except as provided in § 6.12.070(C) below, the Animal Control Bureau shall not issue or renew a dog license unless presented with a valid certificate of vaccination or other satisfactory evidence indicating that the period of time elapsing from the date of vaccination to the date of expiration of the license being issued or renewed does not exceed the life of that vaccine, as established by the State of California and County of Riverside Health Department. No owner or keeper of a dog required to be licensed under this chapter shall own or keep such dog without a valid certificate of vaccination.

(`78 Code, § 6.12.020.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 1, 1984.)

(A) A certificate of vaccination shall include the name, address and telephone number of the dog’s owner; the name of the dog; a description of the dog, including breed, color, distinctive markings, and sex; date of vaccination; the type of rabies vaccine administered; the name of the manufacturer; and the lot number of the vaccine used. Such certificate shall bear the signature of the veterinarian administering the vaccine or a signature authorized by such veterinarian. In addition, such certificate shall be stamped, printed or typed with the veterinarian’s name, address and telephone number for legibility.

(B) (1) Any veterinarian who administers a rabies vaccination or supervises the administering of a rabies vaccination shall provide the Animal Control Bureau with either a copy of the vaccination certificate required by this chapter or all of the following information:

(a) The full name and residence address of the owner of each vaccinated dog;

(b) The name, age, sex, species, breed and color of each dog that has been vaccinated;

(c) The date the vaccination was administered;

(d) The type of vaccination used and the vaccine’s expiration date; and

(e) The name of the veterinary clinic and veterinary license number of the veterinarian administering or supervising the vaccination.

(2) The information required by this section shall be sent to the City of Corona Animal Control Bureau within 30 days of the administering of the rabies vaccination. The information requested may be transmitted in the form of a paper copy or in an electronic format approved by the city. The information shall be considered confidential and shall not be used, released or distributed for any purpose except to ensure compliance with existing federal, state, county or city laws or regulations, as set forth in Cal. Health and Safety Code § 121690.

(C) In lieu of a certificate of vaccination, an exemption request approved by the county animal control department may be substituted, provided it meets all applicable state and county laws, rules and regulations. No person shall allow any dog so exempt from rabies vaccination to run at large or be led about on any public property on a leash at any time, and the dog shall be restricted to the securely enclosed yard of the owner.

(`78 Code, §§ 6.12.020, 6.12.030.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 1, 1984.)

(A) Every owner or keeper of a dog which is required by the provisions of this chapter to be licensed and vaccinated shall at all times maintain the certificate of vaccination in a secure location which can be accessed easily and presented to an animal control officer upon request.

(B) Only those persons who own or keep the dog duly vaccinated in accordance with the provisions of this chapter shall possess the certificate of vaccination, and no person shall make use of or have in his or her possession a stolen or counterfeit certificate of vaccination.

(`78 Code, § 6.12.130.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 10, 1984.)

(A) At the time of issuance of the license, the Animal Control Bureau shall issue a dog tag for each dog so licensed. The tag shall have stamped thereon the number corresponding with the number of the license certificate.

(B) Every owner or keeper shall ensure that each dog not kept in a kennel wears a collar or other harness to which the license tag must be permanently affixed, and they shall see that the collar or other harness and tag are continuously worn by the dog.

(C) In case a dog tag is lost or destroyed, a duplicate will be issued by the Animal Control Bureau upon presentation of the receipt showing payment of the license fee for the current license period and upon payment of a fee established by resolution of the City Council for the issuance of such duplicate tag.

(D) No person shall transfer any dog tag from one dog to another or place a dog tag upon any dog except the dog for which it was issued. No unauthorized person shall remove any current valid dog tag from any dog. No person shall place upon or attach to a dog any false, counterfeit or unauthorized dog tag for the purpose of evading the provisions of this chapter. Only those persons who own or keep the dog duly vaccinated in accordance with the provisions of this chapter shall possess the dog tag, and no person shall make use of or have in his or her possession a stolen or counterfeit dog tag.

(`78 Code, §§ 6.12.050, 6.12.100, 6.12.120, 6.12.130.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 §§ 3, 7, 9 and 10, 1984.)

(A) No owner or keeper of a dog for which a license is required shall fail or refuse to present a license, certificate of vaccination or dog tag required by this chapter upon demand of an animal control officer or others employed by the city to enforce this chapter.

(B) No owner or keeper of a dog or cat which has been implanted with an identifying microchip shall fail or refuse to provide the information included in § 6.12.056(A) above upon demand of an animal control officer or others employed by the city to enforce this chapter.

(`78 Code, § 6.12.110.) (Ord. 3246 § 11, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 8, 1984.)

(A) Every person engaged in the business of operating a commercial kennel as defined in Chapter 6.04 shall obtain an annual license from the Animal Control Bureau and shall pay a license fee in an amount established by resolution of the City Council per year or fraction thereof. The fee required by this section is in addition to a business license fee required by Chapter 5.02 of this code. No license issued hereunder shall confer any vested right to any person for more than the license period.

(B) All dogs kept in a commercial kennel shall be subject to the provisions of this chapter upon attaining the age of four months.

(C) The sale of each dog by a commercial kennel before it has attained the age of four months shall be reported on a form to be furnished by the Animal Control Bureau, which form shall include information as to the name and address of the person to whom the dog is sold, a description of the dog, age of the dog and such other pertinent data as the Animal Control Bureau may require.

(D) The Chief of Police, for just cause upon establishing a violation of this chapter, shall have the power to deny, suspend, revoke or refuse to renew a license issued to a commercial kennel. When the Chief of Police concludes that grounds for denial, suspension, revocation or refusal to renew a license exist, the Chief of Police shall cause written notice to be given to the applicant or license holder either: (1) by personal delivery; or (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. Notice shall be deemed delivered when personally delivered or when deposited in the U.S. mail. The notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or license holder to appeal the decision pursuant to Chapter 1.09 of this code, and that the decision will be final if no appeal is filed within the time permitted. Any person aggrieved by a decision of the Chief of Police with reference to the denial, suspension, revocation or refusal to renew a license may appeal pursuant to Chapter 1.09 of this code.

(`78 Code, § 6.12.140.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 6, 1984.)

(A) Except as expressly allowed under this chapter, no owner or keeper of any dog shall cause, permit or allow the dog to wander, stray, run or in any other manner be at large in or upon any public property or unenclosed private property in the city, except upon the premises of and under the immediate care and control of the owner or keeper of the dog.

(B) Unless otherwise prohibited by this code, dogs may be permitted upon public property if on a leash not to exceed six feet in length and under the immediate care and control of its owner or keeper who is competent to exercise care, custody and control thereof. The provisions of this section do not apply to the possession, charge, custody or control of an official police dog while such dog is on duty.

(C) Notwithstanding the requirements of this section, a dog may be permitted to be off of its leash in the following situations:

(1) While participating in a dog obedience training program or a dog obedience or conformation show at a city park authorized by the Library and Recreations Services Director. Such dog shall be on a leash or otherwise restrained while not actively participating in such show or program.

(2) Within a dog park area. Nothing herein shall relieve the owner or keeper of the dog from the responsibility of maintaining proper control over such dog, nor shall this subsection be construed as relieving such person from the liability for any damages arising out of his or her use of the dog park area.

(`78 Code, § 6.12.170.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2581 § 1, 2002; Ord. 2419 § 3, 1999; Ord. 2118 § 1, 1992; Ord. 1769 § 1, 1985; Ord. 1722 § 6, 1984; Ord. 1665 § 4, 1982.)

(A) The following rules and regulations shall apply to dogs in city parks, including dog park areas:

(1) Unless otherwise prohibited by this code, dogs may be permitted in or on any public playground or public park in the city if on a leash not to exceed six feet in length and under the immediate care and control of its owner or keeper who is competent to exercise care, custody and control thereof.

(2) No owner or keeper of a dog in a city park shall fail or refuse to immediately pick up and properly dispose of the feces of such dog. Proper disposal shall include the placement of such feces in a bag or other container and its disposal in an appropriate depository or waste receptacle.

(3) Children 14 years of age and younger must be accompanied and supervised by a person at least 18 years of age while in a dog park area, and such children are not permitted to run, shout, scream, wave their arms, or otherwise excite or antagonize dogs in a dog park area.

(4) No person may have more than two dogs in a dog park area at any one time.

(5) Any dog in a dog park area must be visible and under the voice control of the person having custody of such dog while the dog is in the dog park area.

(6) No dogs are permitted in a dog park area except during posted hours of operation.

(7) Every dog in a dog park area shall be over the age of four months and shall be duly licensed and vaccinated. The owner or keeper of a dog in a dog park area must be able to produce upon request by proper authorities, licensing and vaccination records for the dog.

(8) No person shall place a dog that is sick or in heat in a dog park area.

(9) No person shall place an aggressive dog, of any breed, in a dog park area even if such dog is on a leash.

(10) The owner or keeper of a dog in a dog park area shall quiet the dog if the dog barks excessively.

(11) No person shall bring any animal other than a dog to a dog park area, unless otherwise specifically authorized by the Library and Recreations Services Director.

(12) The use of a dog park area by an owner or keeper of a dog shall constitute agreement by that person to follow all applicable rules and his or her agreement to protect, indemnify, defend and hold harmless the city and its officials, officers and employees from any claim, damage or injury to property or persons (including wrongful death) arising from or in connection with such use.

(B) The provisions of this section do not apply to the possession, charge, custody or control of an official police dog while the dog is on duty.

(`78 Code, § 6.12.170.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2581 § 1, 2002; Ord. 2419 § 3, 1999; Ord. 2118 § 1, 1992; Ord. 1769 § 1, 1985; Ord. 1722 § 6, 1984; Ord. 1665 § 4, 1982.)

It shall be unlawful for the owner or person having the charge or control of any animal to permit such animal to defecate and to allow the feces to remain upon any public property, including parkways and rights-of-way, not owned or possessed by the owner or person having the charge or control of such animal, and the person shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container and dispose of it in a sanitary manner in a proper waste receptacle. A blind person who has the charge or control of a guide dog shall be exempt from the provisions of this section.

(Ord. 3299 § 3, 2019.)

(A) An animal control officer shall capture and may impound any dog found running at large or otherwise in violation of the terms of this code or applicable state law, including, but not limited to, improper licensing or vaccination.

(B) An animal control officer shall capture and may impound any cat authorized to be impounded pursuant to the terms of this code or applicable state law.

(C) An animal control officer shall, upon impounding any dog or cat for any reason, add such animal to the city's registries as provided for in §§ 6.12.050 and 6.12.056.

(`78 Code, § 6.12.190.) (Ord. 3299 § 2 (part), 2019; Ord. 3246 § 12, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 6, 1984.)

Statutory reference:

For provisions on impoundment of dogs, see Cal. Food and Agriculture Code §§ 31101 et seq.

(A) During the holding period provided for in § 6.12.160 below, the Animal Control Bureau shall scan an impounded dog or cat for a microchip that identifies its owner.

(B) The Animal Control Bureau shall make a reasonable attempt to provide written notice to the owner or keeper of an impounded dog or cat, if known, within three business days. Such notice shall describe the animal, as well as the place and time it was found.

(C) Notice can first be given orally, either in person or by telephone, but if the dog or cat is not redeemed by its owner before the close of business on that same day, notice shall be followed-up in writing thereafter as provided for herein. Written notice shall be provided either: (1) by personal delivery; (2) by posting the premises where the dog is kept (for notice to an owner or keeper who resides at or occupies the premises where the animal is kept); or (3) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.

(D) If the owner of the dog or cat is unknown and cannot be reasonably ascertained, written notice shall be posted for three business days at the city animal shelter. Such notice shall describe the animal, as well as the place and time the dog was found.

(`78 Code, § 6.12.200.) (Ord. 3299 § 2 (part), 2019; Ord. 3246 § 13, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 6, 1984; Ord. 1685 § 1, 1983; Ord. 1608 § 2, 1981.)

(A) It shall be the duty of the Animal Control Bureau to keep all impounded dogs and cats for a minimum holding period of at least six business days, not including the day of impoundment.

(B) During the first three business days of the holding period, not including the day of impoundment, only the owner may redeem the dog or cat.

(C) If, upon conclusion of the third business day of the holding period, not including the day of impoundment, the dog or cat has not been redeemed by its owner, the Animal Control Bureau may sell or give away the animal at a public or private adoption sale, provided that the adoption of such animal shall not occur until after the conclusion of the sixth business day holding period, not including the day of impoundment, and any such adoption will not be contrary to the public health, safety and general welfare. The owner shall have first priority to redeem the animal any time prior to the conclusion of the sixth business day, not including the day of impoundment.

(D) If an impounded dog or cat is not redeemed by its owner or adopted at the conclusion of the six business day holding period, not including the day of impoundment, the Animal Control Bureau may, in its discretion, either continue the sale or adoption process or euthanize the animal in some humane way and in no other manner.

(E) Prior to euthanizing an impounded dog or cat, the Animal Control Bureau shall release the animal to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by the organization prior to the scheduled euthanasia of the animal and such release is not contrary to the public health, safety and general welfare.

(F) Notwithstanding anything in this chapter to the contrary, an impounded dog or cat may be euthanized by the Animal Control Bureau without complying with the above holding period if the animal reasonably appears to the Animal Control Bureau to be:

(1) Suffering from rabies;

(2) Affected with hydrophobia, mange or other infectious or dangerous disease;

(3) Incurably crippled, infirm and suffering on account of advanced age; or

(4) Seriously and irreparably injured.

(G) If a dog or cat is euthanized pursuant to this section, its owner shall be charged a fee in an amount established by resolution of the City Council.

(`78 Code, § 6.12.200.) ( Ord. 3299 § 2 (part), 2019; Ord. 3246 § 14, 2016; Ord. 3229 § 2, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 6, 1984; Ord. 1685 § 1, 1983; Ord. 1608 § 2, 1981.)

(A) No impounded dog shall be redeemed by its owner or released to any person, except where there has been performance of all of the following conditions:

(1) A current license for such dog has been issued by the Animal Control Bureau. If a license has not been previously issued for the dog or if the license has expired, the Animal Control Bureau shall collect the applicable license fee for the dog, but the license shall not be issued until a certificate of vaccination has been presented. After collection of the license fee, the dog shall be released for the purpose of being vaccinated, if all other applicable requirements of this chapter have been met. The owner or keeper shall return to the Animal Control Bureau within ten (10) business days of such release with a certificate of vaccination to complete the license process and collect a dog tag. If the owner or keeper of the dog is not a resident of the city or is not otherwise required to license the dog in the city, they must present to the Animal Control Bureau a current license conforming to this title for the dog issued by any other public agency with the authority to issue licenses.

(2) Proof of microchipping is submitted as provided for in § 6.12.052 above. The microchip may be implanted by the city upon payment of the required fee or, at the discretion of the Animal Control Supervisor, the dog may be released to the owner or custodian if he or she signs a statement, under penalty of perjury, representing that the dog will be implanted as provided for in § 6.12.170(C) below.

(3) All fees for impounding and boarding the dog have been paid, which shall total no less than the fees established by resolution of the City Council.

(4) The Animal Control Bureau has determined that the dog does not have, and is not reasonably suspected of having, rabies.

(5) The Animal Control Bureau has determined that it would not be contrary to the public health, safety and general welfare to release the dog.

(B) No impounded cat shall be redeemed by its owner or released to any person, except where there has been performance of all of the following conditions:

(1) Proof of microchipping is submitted as provided for in § 6.12.052 above. The microchip may be implanted by the city upon payment of the required fee or, at the discretion of the Animal Control Supervisor, the cat may be released to the owner or custodian if he or she signs a statement, under penalty of perjury, representing that the cat will be implanted as provided for in § 6.12.170(C) below.

(2) All fees for impounding and boarding the cat have been paid, which shall total no less than the fees established by resolution of the City Council.

(3) The Animal Control Bureau has determined that the cat does not have, and is not reasonably suspected of having, rabies.

(4) The Animal Control Bureau has determined that it would not be contrary to the public health, safety and general welfare to release the cat.

(C) If a dog or cat has been released without being implanted with an identifying microchip, the owner or custodian must return within ten (10) business days with a statement signed by a California Licensed Veterinarian, confirming that the dog or cat has been so implanted and indicating the microchip number. The Animal Control Bureau shall be entitled to scan the dog or cat to verify the existence of the microchip and its assigned number.

(D) No person shall remove an impounded dog from the city animal shelter without the consent of the Animal Control Bureau.

(`78 Code, § 6.12.210.) (Ord. 3299 § 2 (part), 2019; Ord. 3246 § 15, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 1722 § 6, 1984; Ord. 1608 § 3, 1981.)

(A) Any person who violates any provision of this chapter is guilty of an infraction, unless a different penalty is prescribed as provided for herein.

(B) Any person who violates any provision of this chapter is guilty of a misdemeanor if such violation occurs within one year of the occurrence of two previous separate violations of this chapter by that person.

(C) Each violation of any provision of this chapter shall be punishable as a separate offense for each and every day during any portion of which such violation is committed, continued or permitted.

(D) Any dog or cat engaging in an activity in violation of the provisions of this chapter is a public nuisance.

(E) Notwithstanding any section of this title to the contrary, any owner, keeper or other responsible party of a dog or cat shall be deemed responsible and may be issued a citation in the event the animal engages in activities in violation of the provisions of this chapter.

(F) Notwithstanding any section of this title to the contrary, any owner, keeper or other responsible party of a dog is guilty of a misdemeanor if such dog either:

(1) Injures a human being by attacking, biting, chasing, knocking down, or creating road conditions hazardous for drivers of vehicles; or

(2) Enters into or trespasses on the private property of another and attacks, bites, seriously injures or kills a domestic animal while on that property.

(G) Nothing in this chapter shall authorize the bringing of a criminal action against an owner, keeper or other responsible party in the following situations:

(1) If any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime.

(2) If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(3) If any injury or damage is sustained by a domestic animal which, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog.

(`78 Code, § 6.12.160.) (Ord. 3299 § 2 (part), 2019; Ord. 3246 § 16, 2016; Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2419 § 2, 1999.)

Nothing herein shall prevent the City Attorney from commencing or causing to be commenced a civil or criminal proceeding to address a violation of this chapter under other applicable law, including to abate a public nuisance as provided for in § 1.08.020 of this code.

(Ord. 3299 § 2 (part), 2019; Ord. 3170 § 2 (part), 2014.)