Lodi Municipal Code Ch. 6.12 Dogs and Cats

Footnotes:

--- (3) ---

Editor's note— Ord. No. 1895, § 1, adopted Aug. 6, 2014, repealed Ch. 6.12 and enacted a new chapter as set out herein. The former Ch. 6.12, §§ 6.12.010—6.12.140, pertained to similar subject matter and derived from Ord. No. 1608 § 1 (part), adopted in 1995.

A. It is unlawful for any person to harbor, keep or have any dog or cat in excess of four months of age within the city unless the person owning or having custody or control of the dog or cat shall have secured a license to keep the dog or cat, obtained by licensing the dog or cat pursuant to this chapter.

B. For the purposes of this chapter, a dog or cat is not licensed until all applicable fees are paid, all required vaccinations are obtained and the license is issued to the owner or person having custody or control of such dog or cat.

C. Notwithstanding any other provision of this code, no impounded dog or cat may be adopted until such dog or cat has been licensed pursuant to this chapter.

(Ord. No. 1895, § 1, 8-6-2014)

A. The license required by Section 6.12.010 of this code shall be obtained in the following manner:

1. The owner or person having custody or control of a dog or cat as described in Section 6.12.010 shall pay to the animal shelter a license fee as may be fixed and set by resolution of the city council;

2. The owner or person having custody or control of a dog or cat as described in Section 6.12.010 shall furnish to the animal shelter a description of the dog or cat sufficient for identification, which description shall be entered in a record kept by the animal shelter for that purpose;

3. The owner or person having custody or control over the dog or cat shall have complied with Section 6.12.060 of this code.

B. Once the owner or person having custody of a dog or cat as described in Section 6.12.010 has complied with subsection A of this section, the animal shelter shall then issue to that person a license to keep a dog or cat and an identification tag having a number corresponding with the license number of the dog or cat. The owner or person having custody of the licensed dog or cat shall preserve said license and shall, upon demand of the animal control officer, an assistant animal control officer or a police officer, show such license.

C. The license to keep a dog or cat shall not be transferable from one dog or cat to another nor on change of ownership.

D. The owner or person having custody or control of a dog or cat shall notify the animal shelter within thirty days of a change in address for the license when a dog or cat has been moved to a different address.

(Ord. No. 1895, § 1, 8-6-2014)

A. All dogs and cats in excess of four months of age must be licensed within thirty days of the date such dog or cat came into the custody of a person residing in the city. Failure to so obtain a license shall be a violation of this chapter.

B. Dog license issuance is accomplished by paying the applicable license fee and by obtaining any vaccinations required by Section 6.12.060 of this code. Upon tendering said fee and a valid vaccination certificate as required by Section 6.12.060 of this code, the city shall issue the license. Said license shall expire one year following its date of issuance. Said license may be renewed in the same manner as it was issued.

C. Cat license issuance is accomplished by paying the applicable license fee. Cat licenses are issued on an annual basis and expire one year following the date of issuance. Said license may be renewed in the same manner as it was issued.

D. Notwithstanding any other provision of this chapter, the expiration date of a license obtained pursuant to this chapter may be extended for up to three years, in increments of one year, from its date of issuance. The expiration date extension is accomplished by tendering the license fee for the desired additional years at the time of issuance of the standard license and a valid vaccination certificate as required by Section 6.12.060 of this code.

E. Dog and cat licenses must be renewed on or before the date of expiration. Failure to timely renew any dog or cat license shall constitute a violation of this chapter.

F. The failure to timely renew any license required by this title shall cause any applicable license fees to become delinquent, and a charge in an amount to be fixed by resolution of the city council shall be added to the regular license fee. The regular license fee and all accrued charges must be paid before the license may be issued. This section is intended to supplement rather than supplant any other remedy available either under state law or this code.

(Ord. No. 1895, § 1, 8-6-2014)

A. Every licensed dog and cat shall be maintained by the owner or person having custody or control with a suitable collar or other device to which shall be attached the identification tag issued by the animal shelter. Every dog and cat not licensed or not maintained with such collar or other device and identification tag found upon any streets, alleys, lanes, courts or other public places in the city, or upon private property, whether leashed or unleashed, whether or not it is in any manner under the control of any person may be taken into custody by the animal control officer or a police officer and lodged in the animal shelter and a citation for violation of this chapter may be issued to the owner or person having custody of said dog or cat.

B. Lost identification tags may be replaced by surrendering to the animal shelter the license to keep a dog or cat issued at the time the lost identification tag was procured, and by paying to the animal shelter a fee as may be fixed by resolution of the city council. After complying with the provisions of this section, the animal shelter will again license the dog or cat, issue a new license to keep a dog or cat, and new identification tag. The animal shelter shall attach the surrendered license to the city's copy of the new license, to substantiate the fee collected and verify the transaction.

C. It is unlawful for any person to use any identification tag on any dog or cat other than that for which it was specifically issued.

(Ord. No. 1895, § 1, 8-6-2014)

Guide or service dogs are those dogs which have been specially trained to lead and aid persons with disabilities recognized within the State of California. Any disabled or impaired person having custody of such a dog may keep and harbor the dog within the city by obtaining a license to keep a dog, and may lawfully take the dog into any food establishment within the city. There will be no fee charged for such dogs upon proof of anti-rabies vaccination.

(Ord. No. 1895, § 1, 8-6-2014)

A. The person owning or having custody or control of a dog or cat over the age of four months shall at such intervals of time as may be prescribed by the State Department of Public Health, procure its vaccination by a licensed veterinarian with the anti-rabies vaccine approved by and in a manner prescribed by the State Department of Public Health.

B. No license to keep a dog or cat shall be issued for any dog or cat, which has attained the age of four months or over, unless a valid, official certificate of vaccination with anti-rabies vaccine is presented with the specified license fee. Such certificate of vaccination, signed by a licensed veterinarian, shall indicate the date of vaccination and the type of vaccine used. The certificate shall be accepted as valid if the certificate does not expire within the first six-month period for which the license is to be issued.

C. The provisions of Section 6.12.060 (A) and (B) shall not apply when the person owning or having custody or control of the dog or cat presents to the animal shelter a certificate from a licensed veterinarian certifying that the dog or cat cannot be vaccinated as required by this code without causing physical injury or the death of the dog or cat.

(Ord. No. 1895, § 1, 8-6-2014)

A. Any person who is engaged in the business of breeding or raising dogs or cats that produce offspring for sale or transfer ("breeder") shall obtain a business tax certificate and pay a tax as set by resolution of the city council, subject to the requirements and exemptions set forth in Title 3 Revenue and Tax of the Lodi Municipal Code.

B. Any breeder shall be allowed the whelping of up to two litters for each breeding animal (dog or cat) within any twelve-month period. A litter is the offspring produced at one birth of a dog or cat from the same mother.

C. At no time shall the breeder be allowed to maintain more than four breeding animals of any variety (dogs or cats) within any business or household.

D. No puppies or kittens may be sold, adopted, bartered, gifted or otherwise transferred, until it has reached the age of at least eight weeks, unless the transfer of a puppy or kitten less than eight weeks old is authorized in writing by a licensed California veterinarian in accordance with State law.

E. The breeder selling or otherwise transferring a dog or cat, shall maintain written records for each dog or cat for a period of three years including a bill of sale with the name, address and telephone number of the animal's new owner.

F. Breeders are subject to reasonable inspections of the premises to ensure that state health or safety laws and city ordinances relating to the keeping and care of animals are met.

(Ord. No. 1895, § 1, 8-6-2014)

It is unlawful for any unauthorized person to remove from any dog or cat any collar, harness or other device to which is attached an identification tag for the current year or to remove such tag therefrom.

(Ord. No. 1895, § 1, 8-6-2014)

No person shall allow, permit or take any dog or cat, whether loose, on leash or in arms, into any restaurant, grocery store, meat market, convenience store, fruit store or food establishment of any kind in the city, except guide or service dogs, as defined in this chapter.

(Ord. No. 1895, § 1, 8-6-2014)

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department or parks and recreation department of the city in the performance of the functions of such departments, or interfere or meddle with any such dog while being used by such departments or any member thereof in the performance of any of the functions or duties of such departments or of such officers or members. A violation of this section constitutes a misdemeanor.

(Ord. No. 1895, § 1, 8-6-2014)

No person shall keep or permit to remain in any premises within the city any animal which continuously and incessantly produces noise at any time during the day or night to the disturbance of any other person. "Continuous and incessant noise" means producing noise for an aggregate period of ten minutes or more duration during any one-hour period which disturbs the peace of another person, including barking, howling, crying, baying, squealing or making any other noise, provided that at the time of the complaint, no person or persons were trespassing or threatening to trespass upon the private property of the owner or person in custody or control of the animal, or the animal was not being teased or provoked in any manner.

(Ord. No. 1895, § 1, 8-6-2014)

A. No person owning any dog or other domesticated animal as defined herein or having the care, custody, control or possession of any such animal shall, except as provided in Section 12.12.020(B) of this code, suffer, allow or permit such animal to run, be or remain at large on any public street, road, alley, park, square or other public place, or upon any private property other than the property of the owner or custodian of such animal without the consent of the owner of such property within the corporate limits of the city. Except as provided in subsection C of this section, all animals are "running at large" within the meaning of this section unless tied, restrained by chain, strap or cord not exceeding six feet in length attached to their collars and actually held by some person or tied or restrained in an automobile or other vehicle, or unless staked or fastened or kept securely in an enclosure upon the property of the owner or person in control of said dog. A dog is not "kept securely in an enclosure" within the meaning of this section when said dog has exhibited the ability to escape from that enclosure.

B. No person shall permit a female dog or cat during the period when the dog or cat is in heat or breeding condition, to be outside a house, garage, building, closed structure or secure enclosure except for purpose of exercising and while under strict control of the owner.

C. No person owning or having the care, custody, control or possession of any cat shall suffer, allow or permit such cat to run at large beyond the boundaries of the property upon or within which such cat is kept.

D. When not in an enclosed area, any dog, cat or other domesticated animal must be in the immediate presence, control or supervision of the person owning, or having the care, custody or possession of said animal or be restrained.

(Ord. No. 1895, § 1, 8-6-2014)

Whenever any cases of rabies exist in the city or in the vicinity of the city, the chief of police is authorized to publish an order requiring every person owning or having possession of any dog or cat to keep it confined upon private premises or else keep it effectively muzzled to prevent biting. When the period of danger from rabies has terminated, in the opinion of the chief of police, he or she shall publish a notice terminating the order. During the period between the published notice and the termination of such order, it is unlawful for any person owning or having possession of any dog or cat to allow it to be so unconfined or unmuzzled, and every unmuzzled dog or cat not so confined during such period shall be taken by the animal control officer and impounded in the animal shelter. The notices referred to in this section shall be published by posting in at least three public places in the city and by one or more publications in a newspaper published and circulated within the city.

(Ord. No. 1895, § 1, 8-6-2014)

In the event that any dog or cat is impounded upon complaint of any person asserting that such dog or cat has bitten some person, the animal control officer may impound and keep such dog or cat safely segregated during a period of at least ten days for observation for rabies, and following such period of observation, if it is found that the dog or cat does not have rabies, and if it is licensed and otherwise eligible to be returned, it shall be returned to the owner upon payment of impound fees and feeding charges. If the dog or cat is found to have rabies, it shall be forthwith destroyed by the animal control officer. In the event of any statute taking precedence over the provisions of this title with respect to the im pounding or regulating of dogs or cats suspected of having rabies or otherwise regulating dogs or animals, then to the extent that such statutes conflict with the provisions of this title, the provisions of this title shall be suspended during such period of conflict.

(Ord. No. 1895, § 1, 8-6-2014)