Gustine Municipal Code Art. 3 Dogs and Cats

No person shall keep or maintain more than four dogs over four months of age, or more than four cats over four months of age, or any combination thereof totaling five dogs and cats, including no more than one unspayed female dog or one unspayed female cat, on any premises except a premises 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, pet shop, animal menagerie or animal shelter. 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.

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 shall be modified accordingly.

All cats or dogs at least eight weeks of age, before they are sold, must be immunized against common disease; in the case of dogs, 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 sellers 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.

State Law reference— Sales of dogs by breeders, Health and Safety Code § 122045 et seq.; retail sale of dogs and cats, Health and Safety Code § 122125 et seq.

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State Law reference— Regulation and licensing of dogs, Food and Agricultural Code § 30501 et seq.; potentially dangerous and vicious dogs, Food and Agricultural Code § 31601 et seq.

(a) No person shall maintain or board any dog four 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 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 days thereafter.

(b) Compliance with the provisions of this chapter, including the requirement that any dog in the city over four 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 of the city council and which shall not be refundable, in whole or in part, with the following exceptions:

(1) A reduced fee of 50 percent of the normal fee shall be charged for licenses issued for spayed females or neutered males as per Food and Agricultural Code § 30804.5. The administrator may require the submission of a certificate of proof of such spaying or neutering, 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 may be required for a license purchased more than 60 days after expiration of a previously issued license or 60 days after notice to the owner to obtain a license.

(3) License 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 at no 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 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.

(Code 1966, § 6-1.01)

State Law reference— Dog license fee authorized, Government Code, § 38792.

(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 license.

(b) Upon request of any authorized animal control officer 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 word and letters "Dog License, Gustine." Each dog shall wear the metal tag issued 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.

(Code 1966, § 6-1.02)

Every owner of a dog over four months of age shall cause such dog to be vaccinated with an anti-rabies 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. Every veterinarian who vaccinates or causes or directs any dog to be vaccinated shall use a form provided or approved by the administrator to certify that such animal has been vaccinated.

(Code 1966, § 6-1.03)

An owner or person with custody over, or the right of control of any dog shall keep such dog confined to such 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 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 ensure that they do not violate any other provision of law.

(Code 1966, § 6-1.05)

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State Law reference— Regulation of cats, Food and Agricultural Code § 31751 et seq.

Every owner of a cat over four months of age shall cause such cat to be vaccinated with an antirabies vaccine approved by the state department of health. The administrator may require an owner to show proof of such vaccination.

(a) Every owner of a domesticated cat shall attach or cause to be attached to each cat a collar with a tag bearing the name, current residence and telephone number or other information sufficient to enable the administrator to rapidly identify and contact the owner if the cat is found astray or in need of medical help.

(b) In lieu of a tag and collar, the owner may cause to be implanted in the cat's skin an identified chip; provided, however, that the owner, in connection with causing such identified chip to be implanted, shall submit or cause to be submitted to the company which has constructed or maintains the identified chip all information necessary to enable the administrator to locate the owner or other responsible person if the cat is found astray or in need of medical help.