Chapter 8.04 — GENERAL PROVISIONS

Editor's note— Ord. No. 1000, § 1, adopted Sept. 15, 2020, amended Ch. 8.04 in its entirety to read as herein set out. Former Ch. 8.04, §§ 8.04.010—8.04.040, pertained to similar subject matter, and derived from Ord. 696 § 1 (part), adopted in 1981; Ord. 706 § 1 (part), adopted in 1981; Ord. 721 § 2, adopted in 1984; Ord. 730 § 6, adopted in 1985; Ord. 769 §§ 1, 2, adopted in 1992; Ord. 779 §§ 2, 3, adopted in 1993; Ord. 784 §§ 1, 2, adopted in 1994; Ord. 816 § 1, adopted in 1997; Ord. 830 § 1, adopted in 1998; Ord. 901 § 1, adopted in 2007; Ord. No. 984, § 1, adopted April 2, 2019.

Pursuant to Section 50022.9 of the California Government Code or its successor statute, the Marin County Animal Services Ordinance, as set forth in Title 8, Chapter 8.04 of the Marin County Municipal Code and as amended from time to time, is adopted by reference except as otherwise provided in this chapter, and the same shall be in full force and effect within the town.

(Ord. No. 1000, § 1, 9-15-2020)

It is unlawful for a person having ownership, custody or control of any dog to suffer or permit the same upon any street, sidewalk or other public place, unless such dog is both (1) fastened to and restrained by a chain or leash not exceeding six feet in length, except in areas designated as off leash dog parks and (2) under the constant control of such person.

(Ord. No. 1000, § 1, 9-15-2020)

It is unlawful for a person having ownership, custody or control of any animal to permit the animal to be in the waterway on the eastside of Town Park, also known as the Low Canal.

(Ord. No. 1000, § 1, 9-15-2020)

It is unlawful for a person having ownership, custody or control of any animal to permit the animal to be in any public park; provided, however, that subject to Section 8.04.020 dogs are permitted in those public park areas that may be designated by town council by resolution.

(Ord. No. 1000, § 1, 9-15-2020)

This chapter shall not be applied to interfere with the ability of any service animal to perform its intended service functions for a person with disabilities within the meaning of the Americans with Disabilities Act.

(Ord. No. 1000, § 1, 9-15-2020)

No person having ownership, custody or control of any dog shall permit, either willfully or through failure to exercise due care to control, such dog to do any of the following:

(1)

Defecate or urinate on private properties in the neighborhood or community, other than of the owner or the person having custody or control of the animal;

(2)

Defecate on public property without immediately cleaning or removing the excrement to a proper receptacle.

(Ord. No. 1000, § 1, 9-15-2020)

Any person violating within the town any of the provisions of Sections 8.04.180, 8.04.181, 8.04.240, 8.04.245 and 8.04.246 of Title 8, Chapter 8.04 of the Marin County Municipal Code is guilty of a misdemeanor and upon conviction thereof shall be subject to punishment by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Any person violating within the town any other provisions of Title 8 of the Marin County Municipal Code that do not conflict with this chapter, and/or Section 8.04.020, Section 8.04.022, Section 8.04.025 and/or Section 8.04.028 of the town's code is guilty of an infraction and upon conviction thereof shall be punished in accordance with California Government Code Section 36900(b), as it may be amended from time to time.

(Ord. No. 1000, § 1, 9-15-2020)

Notwithstanding any other provisions set forth or incorporated by reference into this chapter, it shall not be a violation of this chapter for any person to allow or permit any dog to run at large or be unleashed in any public park during the course of providing goose management services for the benefit of the public in accordance with the terms of an agreement entered into with the town.

(Ord. No. 1000, § 1, 9-15-2020)