Gustine Municipal Code Art. 1 In General

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the chief of police or any animal control officer or other person authorized to act on his behalf in the implementation or enforcement of this chapter.

Agricultural animal means, but is not limited to, horses, ponies, mules, burros, jacks and jennies, cows, bulls, ducks, chickens, calves, heifers, sheep, goats, swine, hogs or pigs but excepting one potbellied pig kept as a household pet in a sanitary manner and otherwise in accordance with the provisions of this chapter, or other animals ordinarily utilized for agricultural purposes.

Agricultural zone means any premises within the city which has been zoned for agricultural uses as established by the official zoning ordinance of the city.

Animal means any live vertebrate creature, domestic or wild.

Animal control officer means a person authorized to act on behalf of the administrator in the implementation or enforcement of this chapter.

Animal establishment means an animal menagerie, animal shelter, commercial kennel, private kennel, pet grooming parlor, horse establishment, or pet shop, as those terms are defined and used in this chapter, but not any animal hospital or medical facility to which animals are taken for the primary purpose of medical treatment.

Animal menagerie means any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, trained or kept for hire.

Animal shelter means a facility operated by a public jurisdiction or by an accredited, tax exempt humane organization for the purpose of impounding, harboring, selling, placing or destroying seized, stray, distressed, homeless, abandoned or unwanted animals.

Assistance dog means a guide dog, signal dog or service dog as defined in Civil Code § 54.1.

At large means a dog or other animal that is off the premises of its owner and not under restraint by leash or chain, or which is wandering or running freely on public property or property belonging to a person not the owner of the person in control of the animal and without supervision, accompaniment and/or adequate restraint.

Cat means a domestic cat.

Commercial kennel means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the state as part of the practice of veterinary medicine, animal shelters or private kennels shall not be considered commercial kennels.

Dangerous animal means any wild, exotic or venomous animal, or other animal that, because of its size, disposition or other characteristic, would constitute a danger to persons or property.

Dog means a domestic dog (Canis familiaris).

Enclosed premises means any lot or premises so enclosed as to prevent any animal or fowl confined thereon from escaping, or from any animal or fowl entering thereon.

Grooming parlor means any commercial place where animals are trimmed, bathed or groomed.

Household pet means dogs, cats, canaries, parrots and other kindred birds and animals usually or ordinarily kept as household pets.

Owner means any person who acknowledges ownership of an animal or who harbors or keeps any animal for five or more consecutive days.

Pet shop means an establishment which obtains animals for sale, exchange, barter or hire to the general public.

Potentially dangerous dog means a potentially dangerous dog as defined in Food and Agriculture Code § 31602.

Private kennel means a kennel which is within or adjoining any private residence in which five or more dogs over four months of age, or five or more cats over four months of age, but no more than a combined total of seven dogs and cats, such animals to be for recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two dogs or cats used for breeding purposes for which compensation is received, or the parturition or rearing of more than two litters of dogs and/or cats in any one calendar year, shall be a rebuttable presumption that such animals are owned or maintained for the purpose of commercial breeding, and the owner and premises shall be subject to the permit requirements of a commercial kennel.

Quarantine means isolation of an animal in a place and manner approved by the administrative officer, animal control officer or designee.

Vicious dog means a vicious dog as defined in Food and Agriculture Code § 31603.

Wild or exotic animal means any animal which, because of inherent qualities including, but not limited to, size, geographic origin, vicious tendencies, dangerousness, or other characteristics is not considered domesticated and which is not normally kept as a household pet.

(a) Violation of any of the provisions of this chapter not specifically described as a misdemeanor in this chapter shall constitute an infraction.

(b) Notwithstanding subsection (a) of this section and as provided for in individual sections of this chapter, as per Food and Agriculture Code § 31662, any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed $500.00. Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed $1,000.00.

(c) For purposes of this section, bail forfeiture shall be deemed to be a conviction of the offense charged.

(d) In addition to any other penalties of fines provided for in this chapter, any reasonable costs incurred by the city in seizing, impounding or confining any dangerous animal shall be charged to the owner.

(e) Four or more violations of the same section of this chapter shall constitute a misdemeanor. Each additional day the violations continue shall be regarded as a new and separate offense. The punishment upon conviction shall be as provided in section 1-1-7 of this Code. In addition, the city may revoke any permit issued pursuant to this chapter.

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 that there is compliance with all other provisions of this chapter relating to the keeping of such animals.

(a) It is declared to be a public 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 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 an animal to unreasonably obstruct the use and enjoyment of property held by others in the community by allowing such animal to habitually bark, howl, yelp, bay or make other noise which by loudness or frequency cause a breach of the peace;

(4) 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;

(5) 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; or

(6) 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 or designee seeks to have a nuisance abated in accordance with other provisions of this chapter, any peace officer may seize and impound any animal causing a public nuisance in accordance with this chapter.

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

(Code 1966, §§ 6-1.09, 6-1.13)

On any premises in any nonagricultural 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 acre, and the number of animals thereon shall not exceed a number per acre of two adult animals and their immature offspring.

(2) All open enclosures harboring agricultural animals, whether pasture land or corral, shall be not less than 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 30 feet from any traveled street or highway, except an alley.

(a) It is unlawful for any person to keep, maintain or permit to be maintained bees, swine, llamas, roosters, chickens, pigeons, doves, turkeys, pea fowl, water fowl, ostriches and other "Ratitae," or livestock on any premises within the city that have not been zoned for agricultural use. The term "swine," as used in this section, does not include potbellied pigs harbored in accordance with restrictions related to noise or sanitation as provided by ordinance.

(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, stockyard 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 the ordinance from which this chapter is derived, then such use shall be allowed to continue as a nonconforming use.

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 section 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.

(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 or other animal 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 or other animal in an unprovoked attack, it shall 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) of this section for a period of ten or 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 punishable as provided by law. 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 fees 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 costs for housing, feeding and otherwise caring for the quarantined animal.

(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 a rabies examination.

(Code 1966, § 6-1.10)

State Law reference— Rabies control, Health and Safety Code § 121575 et seq.

(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 with the city other than at an approved veterinary hospital unless the administrator/animal control officer or other appropriate authority approves an alterative means of confinement.

(b) The animal control officer is authorized to seize any animal he reasonably believes to be infected with a disease transmittable to humans.

(a) Upon the death of any animal, the owner or person in charge thereof shall provide for the burial, incinerations 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. It shall be unlawful to bury any dead animal within any lands within the city limits other than a pet cemetery. If the owner or person in charge of any dead animal is unable to provide for burial or other disposition, such person may request the animal control officer to remove and dispose of the body of such animal for a fee as set forth by resolution.

(b) Upon learning that the body or parts 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 the city's demand for payment, pay to the city all costs incurred by the animal control officer for removing and disposing of the body or parts of the dead animal.

It shall be unlawful to abandon any animal in the city. The term "abandonment," as used in this section, 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.

State Law reference— Similar provisions, Penal Code § 597s.

The owner or keeper of a wild or exotic animal or potentially dangerous dog 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.

(a) No person shall feed or in any manner intentionally provide food as sustenance or to encourage domesticity in a non-domesticated animal with the exception of a bird feeder in the yard. A person may feed or provide food to wildlife only under the following circumstances:

(1) When the wildlife is maintained, treated or fed pursuant to a valid certificate or permit issued by the State of California or an agency of the U.S. Government.

(2) When the wildlife is maintained, treated or fed between the time animal control or the Humane Society is notified and the time the wildlife is picked up by an agency.

(b) Violation of this ordinance shall be enforced pursuant to the administrative code enforcement process set forth in title 2, chapter 7. Fines for violation shall be those applicable to infractions as defined in section 2-7-20.

(Ord. No. 528, § 2, 7-15-2025)