King City Municipal Code Art. 1 General Provisions

(a) It is unlawful for any person owning or having charge, care or control of any dog, whether licensed or not, to allow or permit any such dog to run at large, within the city. A dog shall be deemed to be running at large unless the following applies:

(1) The dog is restrained by a leash held by some person or made fast to some stationary object; or confined within a cage or other dog-tight enclosure; or

(2) On the private property of its owner, excluding all roads, streets, alleys or any public sidewalk, park or other public property, and restrained by a fence or other barrier from leaving said private property; or

(3) In a city owned facility designated as a dog park where dogs are permitted to run at large within a designated fenced area.

(b) Violations of the provisions of this section shall be considered misdemeanors and are punishable in accordance with Chapter 1.04.010 of the King City Municipal Code. Each and every day, or portion thereof, a violation exists is a new and separate offense. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this section, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this section.

(c) Administrative Citations. The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the King City Municipal Code shall be as follows:

(1) First administrative citation: two hundred fifty dollars per violation;

(2) Second administrative citation: five hundred dollars per violation;

(3) Third administrative citation: one thousand dollars per violation; and

(4) One thousand dollars per violation for each subsequent administrative citation.

The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions under the King City Municipal Code shall be as follows:

(d) Appeals. The appeals procedures as established within Sections 7.51.604, 7.51.608, 7.51.609, 7.51.610 and 7.51.611 shall govern any appeal of an administrative citation issued pursuant to the requirements of this section.

(e) Cost Recovery and Penalties. The person responsible and/or the property owner shall be responsible for all costs incurred by the city to enforce the requirements of this section, including all costs relating to the appeal of an administrative citation. The enforcement costs and penalties shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property and/or the person responsible for violating this section. The special assessment and lien provisions as established within Section 7.51.709 shall govern violations of this section. If there is more than one responsible party, each responsible party shall be jointly and severally liable for the enforcement cost incurred by the city. Enforcement costs and penalties shall be recoverable even if the violation of this section is corrected by the property owner or other responsible party.

(Ord. 246 § 6, 1956; Ord. 397 § 1, 1978; Ord. 756 § 3, 2018)

(a) The animal services officer or any police officer apprehending a dog under the provisions of this title, are authorized and empowered to impound such dog so kept by them. After three days such dog may be disposed of in any manner approved by the Monterey County Humane Society, and if the owner be known, then only upon three days’ notice to the owner of such dog; the owner thereof having a right within such time to claim the dog. The dog so impounded may be reclaimed during regular business hours by the owner thereof upon the payment of a pound fee prescribed by city resolution, and the further sum per day as prescribed by city resolution, for each day that the dog is lawfully kept, for compensation for its feed; provided, however, that if such dog was not licensed and registered under the provision of this title at the time such dog was impounded, such dog shall not be redeemed except upon the payment of a license fee for said dog, as is herein provided for, plus all per diem fees.

(b) It is unlawful for the owner of any animal to fail or refuse to comply with any order issued under this section by the animal services officer. Each additional day that the owner continues to disobey such order shall constitute a separate and distinct violation of this section including administration citation fines. A keeping charge as provided by city resolution shall be assessed for each day during which the animal is impounded under the provisions of this section, and such animal shall not released until the owner pays all such charges.

(Ord. 246 § 8, 1956; Ord. 670, 2007)

All dogs of fierce, dangerous or vicious propensities and all female dogs in heat, whether licensed or not, must be at all times confined in a substantial pen in such a manner that no other dog, except another dog of the same owner, may come in contact with said dog. If any such dog is found running at large in violation of this section, it shall be taken up and impounded and shall not be released except upon approval of the chief of police after the payment of the fees provided in Section 9.08.020; provided, however, that if any dangerous, fierce, or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain forthwith by the poundmaster or any police officer.

(Ord. 246 § 9, 1956)

Every person who in any manner interferes or attempts to interfere with the poundmaster, or any police officer, in the performance of any duty imposed by the provisions of this title, and every person who unlawfully takes or attempts to take any dog seized pursuant to the provisions hereof from the custody of the poundmaster or any police officer, and every person who removes or attempts to remove from the public pound, any dog impounded therein, without having first redeemed the same as provided in Section 9.08.020, or obtained permission of the poundmaster to do so, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 1.04.

(Ord. 246 § 11, 1956)

(a) No dog owner shall permit or allow his or her dog to habitually howl, bark, or in any other manner disturb the peace and quietude of the community or of any person within the city. Such activity on the part of any dog is declared to be a public nuisance. It shall be the duty of the animal control officer and of every police officer of the city to take whatever steps may, in their discretion, be necessary, to abate any such nuisance, including a reasonable attempt to contact the owner, and in seeking to abate any such nuisance occurring in the presence of the officer, any such officer may enter upon private property and take any such dog into custody and impound such animal. In the event of the impounding of any dog, the provisions of Section 9.08.020 of this chapter shall apply.

(b) Any dog license issued for such dog shall be revoked whenever a dog has been impounded for the third time as provided in subsection (a) of this section. No person shall keep or maintain any dog in the city after its license has been revoked.

(Ord. 539 § 1, 1990)

(a) It is unlawful for any person having ownership, custody or control of a dog to fail to promptly remove and clean up excrement deposited by the dog on public property or the property of any other person.

(b) It is unlawful for any person having ownership, custody or control of a dog which has deposited excrement on public property or property of any other person, to not have in his or her possession material and a container with which to clean up promptly and remove such excrement.

(c) Violation of this section shall constitute an infraction.

(Ord. 619 § 1, 2001)

(a) Dogs Prohibited. It is unlawful for any person having charge, care, or control of any dog, whether or not such dog is on leash, to allow or permit any such dog to be in that certain area in King City known as “Town Square” (bounded by Second Street, Third Street, Broadway and Lynn Streets) at any time of the day or night. Provided, however, that the prohibition in this chapter, shall not apply to guide dogs or seeing dogs, as defined in California Penal Code Section 365.5).

(b) Penalty. Violation of provisions of this chapter is an infraction, and shall be punishable as provided in Chapter 1.04.

(Ord. 630 § 1, 2002)