Chapter 91 — ANIMALS

The purpose of the animal control regulations for the city is to ensure public health and safety, promote responsible pet ownership, and protect animal welfare. These regulations establish guidelines for the ownership, control, and care of animals, addressing licensing, vaccinations, and restrictions, while providing effective enforcement to reduce animal-related nuisances and promote a harmonious environment between animals and the community. (Ord. 24-04, passed 7-22-2024)

The provisions of this chapter, § 91.03 notwithstanding, the Chief of Police, or his or her designee, shall be responsible for and shall have authority to exercise the duties, obligations, and responsibilities for all provisions of this chapter not otherwise provided for by contract executed under § 91.04 .

(Ord. 24-04, passed 7-22-2024)

The San Luis Obispo County Title 9 - Animal Regulations, 2024 edition, are hereby adopted, and made part of this code as though fully set forth herein.

(Ord. 24-04, passed 7-22-2024)

(A) Any police officer, community service technician/officer, or code compliance officer of the city may enforce the provisions of this chapter and issue citations for violations.

(B) The city may, through contractual agreement, authorize the County Division of Animal Services to enforce the provision of this agreement and issue citations for violations.

(Ord. 24-04, passed 7-22-2024)

The City Council may contract with the county for the performance of such animal control services as may be desired to implement, enforce, or execute the provisions of this chapter. In the event such contract is entered into, then the authority, duties, obligations, and responsibilities assigned in this chapter to the Animal Control Officer, as defined or limited by such contract, shall become the concurrent authority, duties, obligations, and responsibilities of the Animal Services Manager, or his or her designee, from the County Division of Animal Services. (Ord. 24-04, passed 7-22-2024)

This section provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this chapter. If a word is not defined in this section, or in other provisions of this code, the Chief Animal Control Officer shall determine the correct definition. The Chief

Animal Control Officer shall have the authority to render interpretation and discretion regarding the applicability of any definition set forth in this section.

AGGRESSIVE. The demonstration of behavior indicating that an animal is likely or prone to unprovoked attack against a person or another animal.

ALTERED. Having been spayed or neutered.

ANIMAL. Any member of the taxonomic kingdom Animalia other than a human being.

ANIMAL FACILITY. Any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or organization, including, but not limited to, a pet shop, grooming facility, breeding facility, boarding facility, stable, or non-profit humane organization and that has a valid city business tax certificate and complies with all city zoning regulations.

ANIMAL OPERATION. Any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation and that has a valid city business tax certificate and complies with all city zoning regulations.

APIARY. Includes bees, combs, hives, appliances, or colonies, wherever they are kept, located, or found.

AT LARGE. Being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or being upon public property or private property which is open to the public while unrestrained by a leash.

BOARD OF SUPERVISORS. The San Luis Obispo County Board of Supervisors.

BUSINESS DAY. Any day that the division’s animal shelter or the city is open to the public.

CAT. A Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus.

CHIEF ANIMAL CONTROL OFFICER. The Chief of Police for the City of Grover Beach or when used in enforcement of San Luis Obispo County Title 9 Regulations, the County Animal Services Manager or his or her designee.

CITY. The City of Grover Beach.

COMMERCIAL. Any transaction, relationship, business, or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service.

COMMERCIAL ANIMAL OPERATION.

(1) Includes:

(a) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping, or maintenance of companion animals conducted from a non-residential location;

(b) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping, or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or

(c) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding $10,000.

(2) All COMMERCIAL ANIMAL OPERATIONS must that have a valid city business tax certificate and comply with all city zoning regulations.

COMPANION ANIMAL. Any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this chapter, this definition includes horses, donkeys, mules, and any other domesticated equine.

COUNTY. The County of San Luis Obispo.

DIVISION. The Division of Animal Services and the Chief Animal Control Officer and/or his or her duly authorized representative(s).

DOG. A Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris. DOMESTIC ANIMAL. Any animal of a vertebrate species which:

• (1) Has been selectively bred to live in a tame condition for the purposes of being a household pet, food, or fiber source, or work animal;

• (2) Is generally dependent upon people for its survival; and

• (3) Is notably distinct in conformation and/or behavior from its wild ancestors.

HEALTH AGENCY. The County Health Agency as established in Chapter 2.26 he County Title 9 regulations. HEEL. For a dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler. HOBBY BREEDER. Any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that:

• (1) The sale of such animals is conducted as an accessory use from a private residence;

• (2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this chapter, County Title 9 regulations, or other applicable codes; and

(3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of $10,000.

HOUSEHOLD PETS. Any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.

IDENTIFICATION. Any visible or readily discoverable tag, tattoo, microchip, or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted.

IMPOUND. To have been received into the custody of the Chief Animal Control Officer, any of his or her authorized agents or officers, or any public agency.

IRREMEDIABLE. Any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment, or which would not normally be treated by the average animal owner in the community. LIVESTOCK. All domestic animals other than household pets including, but not limited to, horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry.

MENACING. The demonstration of behavior indicating an intent to inflict harm or which otherwise places a person in reasonable fear for their safety, the safety of others, or the safety of animals kept by them.

NON-PROFIT HUMANE ORGANIZATION. Any animal operation conducted by a bona fide charity in good

standing under the provisions of I.R.C. § 501(c)3 and in compliance with all state and local codes pertaining thereto. NEUTER. To be rendered incapable of reproduction as a result of surgical removal of the testes.

OWNER. Any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal.

PERSON. Any individual, firm, partnership, corporation, company, society, or association and every officer, agent, or employee thereof.

POULTRY. Any domesticated bird to include, but not limited to, rooster, chicken, turkey, goose, duck, Rock Cornish hens, pheasant, squab, guinea fowl, ostrich, emu, and rhea.

PUBLIC NUISANCE. Any condition or circumstance which:

• (1) Effects a substantial portion of a neighborhood as determined by the city or Division of Animal Services; and

• (2) Is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property.

QUARANTINE. The strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease.

SEVERE BODILY INJURY. Any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures, or joint dislocations, or permanent impairment of locomotion or special senses.

SPAY. To be rendered incapable of reproduction as a result of the surgical removal of the ovaries.

STABLE. Any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding, or rental of horses or other livestock.

STRAY. Any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity.

VETERINARIAN. A professional licensed by the state to practice the science and art of disease and injury diagnosis, prevention, treatment, and cure in animals.

(Ord. 24-04, passed 7-22-2024)

(A) Whenever fees are to be charged by the city, these fees shall be set by ordinance or resolution by the City Council.

(B) Whenever fees are to be charged by the Division of Animal Services, these fees shall be set by ordinance or resolution of the County Board of Supervisors.

(Ord. 24-04, passed 7-22-2024)

(A) It is unlawful for any person to keep, harbor, maintain, or allow on or in any lot, parcel of land, residence, building, or structure any household pets which make or continue to make any loud, unnecessary, or unreasonable noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any person or normal sensitivity residing in the area.

(B) The standards which shall be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

• (1) The level of the noise;

• (2) The intensity of the noise;

• (3) Whether the nature of the noise is usual or unusual;

• (4) The proximity of the noise to residential areas;

• (5) The density of the residential occupancy of the area within which the noise emanates;

• (6) The time of the day or night the noise occurs;

• (7) The duration of the noise;

• (8) Whether the noise is recurrent, intermittent, or constant.

• (Ord. 24-04, passed 7-22-2024) Penalty, see § 91.99

It is unlawful for any person, firm, corporation, or association to erect, establish, or maintain any animal use operation, commercial, noncommercial, hobby breeder, or pet shop, as defined in this chapter, without first obtaining the appropriate use permit(s) and a business tax certificate from the city. Additionally, in accordance with County Title 9, Section 9.05, the appropriate permit(s) from the County Division of Animal Services must be obtained prior to any use or operations.

(Ord. 24-04, passed 7-22-2024) Penalty, see § 91.99

(A) The city permit(s) for the maintenance and operation of an animal use facility, commercial, noncommercial, hobby breeder, or pet shop shall be refused by the city upon a determination that a violation exists of the provisions of any health law of the state, or any of the applicable provisions of this chapter.

(B) A permit may be immediately suspended by the city for violation of any provision of this chapter when, in their opinion, there is a danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate, and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before an impartial hearing officer from outside the city, within ten business days of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to:

• (1) Dismiss the charges and reinstate the permit;

• (2) Reinstate the permit conditioned upon correction of the violation; or

• (3) Revoke the permit.

(C) If, in the opinion of the city, the danger to public health is not so imminent, immediate, and threatening as to admit of delay, the city shall send a notice of violation to the permittee within seven days and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspections, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the city shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to:

• (1) Dismiss the charges;

• (2) Establish a correction schedule; or

• (3) Revoke the permit.

(D) All office hearings referred to herein shall be conducted in accordance with procedures adopted by the city. The applicant or permittee may call and examine witnesses, introduce exhibits, question city officials, county officials, and opposing witnesses on any matter relevant to the issues, and may rebut evidence against them. The hearing shall not be conducted according to technical rules relating to procedure, evidence, or witnesses. The city shall ensure that an informal record of the proceedings is maintained in accordance with an adopted records retention schedule.

exhibits, question city officials, county officials, and opposing witnesses on any matter relevant to the issues, and may rebut evidence against them. The hearing shall not be conducted according to technical rules relating to procedure, evidence, or witnesses. The city shall ensure that an informal record of the proceedings is maintained in accordance with an adopted records retention schedule.

(E) Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action to the City Council within ten days. The City Clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the city official(s) responsible for such order of refusal or revocation. The City Council shall hear the evidence offered by the applicant or permittee and city official(s) and shall forthwith decide the issue. The decision of the City Council shall be final.

(Ord. 24-04, passed 7-22-2024)

(A) Dogs, cats, and rabbits . It is unlawful for any person or persons to own, harbor, or maintain more than three dogs, cats, or rabbits four months of age or older upon any premises in the city.

• (B) Poultry . No person shall keep any poultry upon any premises in the city.

• (C) Swine, hogs, and pigs . No person shall keep upon any premises in the city any swine, hog, or pig, whatsoever.

• (D) Apiaries . No person shall keep upon any premises in the city any apiaries.

(E) Other animals . No person shall keep upon any premises in the city any animals other than household pets as defined in this chapter.

(F) This section shall not apply to any lawfully permitted commercial animal operation.

(Ord. 24-04, passed 7-22-2024) Penalty, see § 91.99

(A) It is unlawful for any person to permit any dog owned, harbored, or controlled by them to be in any public park unless such dog is securely leashed on a leash not exceeding six feet in length and the leash is held continuously in the hand of a responsible person capable of controlling such dog. For purposes of this section, the term PUBLIC PARK shall mean any city park in the city.

(B) This section shall not be applicable to within the boundaries of any public area specifically designated and authorized by the city as an off-leash recreational area for dogs.

(Ord. 24-04, passed 7-22-2024) Penalty, see § 91.99

In the event a regulation within this chapter conflicts with any of the regulations within County Title 9, as adopted by § 91.03 , the regulations of this chapter shall control.

(Ord. 24-04, passed 7-22-2024)

Except as otherwise provided in this chapter, violation of the provisions of this chapter is an infraction (Ord. 24-04, passed 7-22-2024)