Gilroy Municipal Code Art. IV Dogs and Cats

(a) An owner or person with custody over or the right to the control of any dog or dogs shall keep such dog or dogs confined to said person’s own premises within such enclosures as may be reasonably appropriate to restrain the dog from running at large. No dog shall be allowed to walk the public streets without being restrained by means of a leash capable of restraining at least four (4) times the weight of such dog, except:

(1) Assistance dogs while performing their duties;

(2) Dogs participating in field or obedience trials or exhibitions;

(3) Dogs assisting their owner or handler in lawful hunting or herding of livestock;

(4) Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities;

(5) Dogs being trained for any of the purposes set forth in this section on private land with permission of the land owner, so long as such dogs are under direct control of such individuals to assure that they do not violate any other provision of law.

(b) 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.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995; Ord. No. 2007-21, § II, 12-3-2007)

(a) No person shall maintain or board any dog four (4) months of age or older which has not been licensed pursuant to the provisions of this chapter, except:

(1) A license shall not be required for an animal owned or under the control of a nonresident of the city, and which is to be kept in the city for less than thirty (30) days.

(2) A license shall not be required for dogs temporarily brought into the city for entry into an event, show or exhibition scheduled not more than ten (10) days thereafter.

(b) Compliance with the provisions of this chapter, including the requirement that any dog in the city over four (4) months of age be vaccinated, shall be a condition to the issuance or renewal of any dog license.

(c) Prior to issuance of a dog license, the administrator shall require payment of a license fee which shall be fixed by resolution and which shall not be refundable in whole or in part, with the following exceptions:

(1) A reduced fee shall be charged for licenses issued for spayed females or neutered males. The administrator may require the submission of a certificate of a licensed veterinarian stating that a dog has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding prior to issuance of a license at the lesser fee.

(2) An additional fee shall be fixed to be paid for a license purchased more than sixty (60) days after expiration of a previously issued license or sixty (60) days after notice to the owner to obtain a license.

(3) Licenses and tags for dogs used principally for the purpose of guiding persons who are blind or deaf, and for dogs used in law enforcement by any governmental agencies shall be issued upon request without charge.

(d) Dog licenses shall be renewed upon expiration. The term of any dog license issued under this chapter shall commence on the date of the issuance of the license and shall terminate twelve (12) months from the date of issue. When the license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Upon payment of the dog license fee and the presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, the administrator shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of vaccination required under this chapter, and a description of the dog for which such license is issued, together with the number of the metallic tag accompanying the same.

(b) Upon request of any authorized animal control employee or any peace officer, the owner or person having control of a dog shall present the dog’s license to that employee or officer.

(c) With each dog license, the administrator shall issue a metal tag bearing an identifying number and the words and letters “Gilroy, CA. Dog Lic.” Each dog shall wear the metal tag issued for it at all times except when being shown at a dog show, exhibition or event. The fee for such tag shall be set by resolution.

(d) It shall be unlawful for any person to attach a metal tag issued pursuant to this chapter to any dog other than the dog for which it was issued.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Every owner of a dog over four (4) months of age shall cause such dog to be vaccinated with an antirabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health.

(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the city any dog with antirabies vaccine shall use a form provided by the administrator to certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the form within ten (10) days of the beginning of each month, for any dog which he vaccinates or directs to be vaccinated with antirabies vaccine during the previous month.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

Repealed by Ord. 2015-10.

(Ord. No. 2010-06, § VI, 4-5-2010)

Every owner of a cat over four (4) months of age shall cause such cat to be vaccinated with an antirabies vaccine approved by the State Department of Public Health. Revaccination shall be made at such intervals of time as may be prescribed by the State Department of Public Health.

(Ord. No. 2010-06, § VI, 4-5-2010; Ord. No. 2015-10, § 2, 9-14-2015)

(a) No person shall keep or maintain more than five (5) dogs over four (4) months of age, or more than five (5) cats over four (4) months of age, or any combination totaling five (5) dogs and cats, including no more than one (1) unspayed female dog or one (1) unspayed female cat, on any premise except a premise maintained by a veterinarian licensed by the state for the practice of veterinary medicine, without a valid permit procured from the administrator pursuant to this chapter for a private kennel, commercial kennel, pet shop, animal menagerie or animal shelter.

(b) For purposes of this section, a female dog or cat shall be rebuttably presumed to be unspayed, unless the owner provides evidence of spaying. Written certification from a licensed veterinarian that an animal cannot be spayed for health reasons or is incapable of breeding shall be deemed a satisfactory substitution for a certificate showing an animal is spayed.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Any person adopting an unaltered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter in the city shall have such animal spayed or neutered on or before a date specified in the adoption agreement, unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

(b) As a condition for adoption, the person adopting a cat or dog may be required to deposit with the pound or shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered.

(c) All cats or dogs at least eight (8) weeks of age, before they are sold, must be immunized against common disease, in the case of dogs against distemper; in the case of cats against panleukopenia. The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from the seller attesting to the date of vaccination and the seller’s knowledge of the animal’s health. Such statement shall also include the animal’s immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, and any known information on treatment and medication.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) No owner or person with the control or custody of any dog shall allow the animal at large upon any public street or other public place, or upon any private property or common area of any planned development, cluster, townhouse or condominium project without the consent of the property owner or person in control of the property.

(b) A fine or penalty for violation of this section 4.35 shall be the amounts specified in section 4.9 of this chapter.

(c) An unsterilized dog that is found to be running at large shall be issued citations for both offenses and shall be subject to twice the fine or penalty applicable for a sterilized dog that is atlarge.

(d) If, within fifteen (15) days of receiving the citation described in subsection (c) of this section, the owner of the unsterilized dog causes his or her dog to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the enhanced fine or penalty for an unsterilized dog at-large. The owner then shall be required to pay the fine or penalty applicable to a sterilized dog at large, which fine or penalty for a sterilized dog at large shall be the amounts specified in subsection (b) of this section.

(e) The fine or penalty provided in subsection (c) of this section shall not apply if the owner provides evidence from a veterinarian, within fifteen (15) days of receiving the citation described in subsection (c) of this section, that said dog is too young to be surgically sterilized.

(f) The enhanced fine or penalty provided in subsection (c) of this section shall not apply to an AKA registered dog.

(Ord. No. 2002-01, § II, 1-7-2002; Ord. No. 2007-21, § VII, 12-3-2007)

(a) No owner or person with the control or custody of any cat shall allow the animal at large upon any public street or other public place, or upon any private property or common area of any planned development, cluster, townhouse or condominium project without the consent of the property owner or person in control of the property.

(b) The fine or penalty for violation of this section 4.36 shall be the amounts specified in section 4.9.

(c) If, within fifteen (15) days of receiving the citation described in subsection (b) of this section, the owner or person in control of the cat demonstrates to the satisfaction of any person charged or authorized to enforce this chapter that the cat is sterilized or the owner of the cat causes his or her cat to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the fine or penalty applicable to a cat at large.

(Ord. No. 2002-01, § II, 1-7-2002; Ord. No. 2007-21, § VII, 12-3-2007)