Gilroy Municipal Code Art. III Animal Restrictions

(a) It is declared to be a nuisance, and it shall be unlawful, for any person owning or having control or custody of any animal to do any of the following:

(1) Permit an animal to defecate or urinate on any privately owned or occupied property other than that of the owner or the person having control of the animal;

(2) Permit an animal to defecate on public property without immediately cleaning or removing the excrement to a proper receptacle;

(3) Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten the public health and safety;

(4) Cause or permit a dog or a wild or exotic animal to run or wander at large on any public property or privately owned or occupied premises without the consent of the owner or occupant.

a. If an unsterilized dog is determined to be a nuisance pursuant to this subsection, upon a second offense, the owner will be required to have the dog sterilized;

b. The owner/guardian or person with a right to control a dog that has been determined to be a nuisance a second time must have a microchip inserted into the dog by a licensed veterinarian within twenty (20) days of the designation as a nuisance the second time, for identification purposes. This requirement is at the owner’s expense. The owner/guardian or person with a right to control the dog must provide the administrator with the identifying information listed on the microchip and the information must be noted in the city’s licensing record for that dog;

(5) Permit an animal to engage in menacing behavior including but not limited to the chasing of vehicles or the molesting or frightening of passersby.

(b) Except as provided otherwise in this chapter and except in circumstances in which the animal control officer seeks to have a nuisance abated by the owner of the premises on which the nuisance is generated in accordance with section 4.8, any peace officer may seize and impound any animal causing a public nuisance in accordance with the process set forth in sections 4.50 through 4.59.

(c) In addition to any other remedies provided by this Code, the fine or penalty for violation of this section shall be the amounts specified in section 4.9 of this chapter.

(d) Any private person may maintain an action under Civil Code Section 3493 for enforcement of this chapter declaring certain acts a public nuisance, if such acts are especially injurious to such person.

(Ord. No. 2010-06, § III, 4-5-2010)

(a) No person having the control or care of any animal or animals shall cause or permit such animal to enter or remain in city-owned or city-managed buildings other than a building used for the purpose of care, detention, control or treatment of animals, or a building used for training classes, shows or exhibitions. This subsection shall not apply to persons who are blind or deaf and who use dogs for guidance or for other use because of physical disabilities, persons who are working with dogs in connection with public police purpose, or persons authorized by the administrator.

(b) No person, other than an individual then actually in the process of working a dog or other animal for ranching purposes, shall transport or carry the animal in a motor vehicle on any public highway or public roadway, unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle.

(c) No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which may adversely affect the health or well being of the animal.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Upon the death of any animal, the owner or person in charge thereof shall provide for the burial, incineration or other disposition of the body of such animal in a manner not likely to result in an unsanitary condition. It shall be unlawful to dispose of any dead cat or dog in any trash or garbage receptacle, whether public or private, to be hauled and carried into the general municipal solid waste stream. If the owner or person in charge of any dead animal is unable to provide for burial or other disposition, he may request the animal control officer to remove and dispose of the body of such animal for a fee as set forth by city council resolution.

(b) Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal control officer shall remove and dispose of such body immediately. The owner or person who had legal custody of such animal at the time of removal shall, immediately upon city’s demand for payment, pay to city all costs incurred by the animal control officer for removing and disposing of the body of the dead animal.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Any animal owner or person having legal custody thereof who has knowledge or reason to believe that his or her animal has bitten, mauled or injured any person in an unprovoked attack shall immediately report that fact to the police department with full information in regard to the incident.

(b) Where the evidence contained in the report made under subsection (a) of this section and any other evidence gives rise to probable cause that an animal has bitten, mauled or injured any person in an unprovoked attack, it shall be the duty of the administrator or animal control officer to enter upon or in any premises, building, lot, yard or enclosure for the purpose of inspecting the same to ascertain the presence of any animal for which quarantine may be appropriate under this section.

(c) An animal control officer shall have the authority to seize and quarantine any animal which is the subject of the report provided for in subsection (a) and such animal for a period of ten (10) or fourteen (14) days as may be prescribed by the State Department of Health. The animal control officer may order the owner to quarantine the animal on the premises of the owner or person having legal custody thereof.

(d) Any person who fails, refuses or neglects to quarantine any animal as ordered by the animal control officer, or who refuses to allow the animal control officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without permission of the health officer.

(e) The administrator may charge a fee, as set forth by resolution, for the costs of quarantining animals and inspections for quarantine of animals. Any fee charged shall be paid by the owner or person who has legal custody of the animal. Such a fee shall be in addition to the actual for housing, feeding and otherwise caring for the quarantined dog.

(f) The head of any animal which dies or is destroyed while under quarantine shall be submitted to the laboratory of the county health department for rabies examination.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995; Ord. No. 98-1, § II, 1-5-1998)

(a) No person owning or having charge of any animal which that person knows to be infected with any disease transmittable to humans shall permit such animal to remain within the city other than at an approved veterinary hospital unless the administrator/animal control officer or other appropriate authority approves an alternative means of confinement.

(b) The animal control officer is authorized to seize any animal he or she reasonably believes to be infected with disease transmittable to humans. Such seizure shall be conducted pursuant to sections 4.50 through 4.59.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) It shall be unlawful for any person to maliciously or recklessly kill, maim, wound, mutilate, torment, torture or physically abuse any animal.

(b) It shall be unlawful for any person to wilfully administer poison to any dog, cat or other domestic animal or to wilfully place, expose or leave poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat or other domestic animal.

(c) No person shall use a leg-hold steel-jawed trap, steel-jawed trap or steel leg-hold traps, as defined in California Fish and Game Code Section 4004, or as amended, within the city.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

It shall be unlawful to abandon any animal in the city. “Abandonment” as used herein refers to acts clearly indicating an intent on the part of an owner or person with the right of control or custody over an animal to permanently relinquish control over the animal.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

The owner or keeper of a wild or exotic animal or level 2 dangerous dog, as those terms are defined in section 4.1 and used elsewhere in this chapter, shall post, at the entrances to the property where the animal is kept, a legible sign to be approved by the administrator warning persons of the animal. The sign shall be capable of being understood by a child.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

On any premises in any non-agricultural zoning district in which agricultural animals are lawfully present and maintained, the following minimum restrictions shall apply:

(1) No agricultural animal shall be maintained on an area of less than one (1) acre, and the number of animals thereon shall not exceed a number per acre of two (2) adult animals and their immature offspring.

(2) All open enclosures harboring agricultural animals, whether pasture land or corral, shall be not less than one hundred (100) feet from the nearest school, church, hospital or dwelling used for human habitation, other than the residence of the owner of such animal, and shall be set back at least thirty (30) feet from any travelled street or highway, except an alley.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) It is unlawful for any person to keep, maintain or permit to be maintained bees, swine, llamas, roosters, chickens, pigeons, turkeys, pea fowl, water fowl, ostriches and other “Ratitae,” or live-stock on any premises within the city that have not been zoned for agricultural use, except as otherwise provided in section 4.23. The term “swine” as used herein does not include pot-bellied pigs harbored in strict accordance with restrictions related to noise or sanitation as provided in this chapter.

(b) It is unlawful for any person to construct, establish, conduct or maintain or cause to be constructed, established or maintained, or engage in, except as otherwise provided for in this chapter, any dairy, stock yard or stock corral, cattle ranch, rabbit or poultry ranch, or public stable, on any premises not zoned for agricultural use. Where such uses are existing on the effective date of this ordinance, then such use shall be allowed to continue as a nonconforming use.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995; Ord. No. 98-1, § II, 1-5-1998; Ord. No. 2012-03, § 1, 3-5-2012)

Nothing in this chapter shall prohibit the keeping of any animal by a licensed veterinarian for hospital or medical purposes by any hospital or clinic, regardless of the zoning district, provided all other provisions relating to the keeping of such animals as required by this chapter are adhered to.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) It is hereby declared to be a nuisance, and it shall be unlawful, for any person owning or having control or custody of any dog to keep within the city limits any dog that excessively and/or habitually barks, yelps, cries, howls, or creates any other noise which results in annoyance or discomfort to two (2) or more reasonable persons of normal sensitiveness who reside in separate residences, including apartments and condominiums.

(b) Except as provided otherwise in this chapter and except in circumstances in which the animal control officer seeks to have a nuisance abated by the owner of the premises on which the nuisance is generated in accordance with section 4.8, any peace officer may seize and impound any animal causing a public nuisance in accordance with the process set forth in sections 4.50 through 4.59.

(c) In addition to any other remedies provided by this Code, any enforcement officer, at his or her discretion, may issue an administrative citation pursuant to Chapter 6A. The administrative penalties for violation of this section shall be as set forth in the schedule of penalties as established by resolution of the city council.

(d) Any private person may maintain an action under Civil Code Section 3493 for enforcement of this chapter declaring certain acts a public nuisance, if such acts are especially injurious to such person.

(Ord. No. 2007-21, § III, 12-3-2007; Ord. No. 2016-11, § 1, 6-6-2016)