Los Altos Municipal Code Ch. 5.08 Animal Control Regulations Generally

A.

Except as provided below in A.2., no person owning or having the control of any animal shall permit such animal to stray or run at large upon any public street or other public place or upon any private place or property or common area of any planned unit development, cluster, townhouse, or condominium project without the consent of the owner or person in control thereof.

Off-leash fenced-in dog parks in certain designated locations within the city may be established after all of the following findings have been made:

a.

After a duly noticed public meeting the city council has established the designated park location; and

b.

The designated off-leash fenced-in parks shall be posted with sufficient signage to provide notice to the public of the areas where the dogs may be off-leash; and

c.

The designated off-leash fenced-in dog parks shall be subject to the rules and regulations set forth in Section 5.08.110 of this chapter.

B.

No person owning or having the control of any animal shall permit such animal to do any of the following:

Defecate or urinate on private properties in the neighborhood or community (other than that of the owner or the person having the control of the animal);

Defecate or urinate on public property without immediately cleaning or removing the excrement to a proper receptacle;

Permit the animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling, baying, or making any other noise;

Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odor, attract flies or vermin, or otherwise be injurious to the public health and safety, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by the neighborhood, community, or persons; or

Suffer, permit or allow any dog to commit any act described in Section 5.08.060 of this chapter.

C.

The animal control officer may seize and impound any animal causing a public nuisance.

D.

A violation of this section is hereby declared to be a public nuisance.

E.

Any private person may maintain an action under Section 3493 of the Civil Code of the state for the enforcement of this section declaring certain acts a public nuisance if such acts are specially injurious to such person.

F.

The owner or person having the control of any dog shall keep such dog confined to his or her own premises or shall keep such dog under physical restraint by means of a leash not to exceed six feet in length, except:

Guide dogs for the blind or deaf while performing their duties;

Dogs participating in field or obedience trials or exhibitions;

Dogs assisting their owner or handler in legal hunting or in the herding of livestock;

Dogs assisting a security guard or assisting a peace officer engaged in law enforcement activities; and

Dogs being trained for any of the purposes set forth in this subsection on private land with permission of the landowner, so long as such dogs are under the direct control of such individuals to assure that they do not violate any other provision of law.

(Prior code § 5-1.106)

(Ord. No. 2022-484, § 2, 2-22-2022)

A.

It shall be unlawful for any person to ride, herd, or lead any animal, except dogs and cats on leash, in the following areas:

In all commercial, professional, and administrative zoning districts;

On any pathway or sidewalk in any residential zoning district; and

Within the boundary of any school or other public place.

Within any public park within the city.

B.

This section does not apply to city sanctioned or approved public events.

(Prior code § 5-1.107)

A.

The right-of-way of any major street may be traversed only for the purpose of entering the city in order to reach a permitted area.

B.

The council may grant exceptions to the provisions of Section 5.08.020 of this chapter for community activities, such as parades, special promotions, and the like, upon an application therefor.

C.

The city manager, or his/her designee, may grant exceptions to the provisions of Section 5.08.020 of this chapter for the use of horses for weddings, upon an application therefor.

D.

Nothing in this chapter shall be deemed to prohibit the transportation of any animal by any reasonable means to a veterinarian for medical treatment or examination.

(Prior code § 5-1.107.1)

(Ord. No. 2014-402, § 1, 8-26-2014)

A.

No person shall transport or carry any animal in a motor vehicle on any public highway unless the animal is fully enclosed within the vehicle or restrained by means of a container, cage, or other device which will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle.

B.

No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which may adversely affect the health or well-being of the animal.

(Prior code § 5-1.107.2)

In addition to Section 596 of the Penal Code of the state, it shall further be unlawful for any person to wilfully administer poison to any dog, cat, or other domestic animal or to wilfully place, expose, or leave poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat, or other domestic animal. Further, it shall be unlawful for any person to maliciously kill, maim, wound, mutilate, torment, torture, or physically abuse any animal.

(Prior code § 5-1.117)

A.

Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior shall be presumed to be vicious:

Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

Any animal previously determined to be, and currently listed as potentially dangerous which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 5.04.005, or is maintained in violation of Title 5.

B.

For the purposes of this chapter, a person shall be peaceably and lawfully upon the private property of an owner of the animal when he or she is on such property in the performance of any duty imposed upon him or her by the laws of the state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, express or implied.

(Ord. 06-297 § 2: Ord. 06-296 § 2)

A.

Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report such fact to the animal control division or health officer with full information in regard to the incident.

B.

Upon the receipt of such a report, an animal control officer shall seize and quarantine such animal for a period of fourteen (14) days or for such other period as may be prescribed by the Department of Public Health of the state. The health officer may order the owner to quarantine the animal on his or her premises.

C.

Any person who fails, refuses, or neglects to quarantine any animal as ordered by the health officer, or who refuses to allow the health officer to inspect any private premises where the animal is kept, shall be guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without the written permission of the health officer.

D.

The administrator may charge a fee, as set forth in a resolution of the board of supervisors of the county, for the county's costs of quarantining animals and inspections for the quarantine of animals. Any fee charged

shall be paid by the owner or person who has legal custody of the animal. Such fee shall be in addition to the actual costs of the health officer in housing, feeding, and otherwise caring for a quarantined animal.

E.

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 rabies examination.

(Prior code § 5-1.119)

A.

Upon the death of any animal, the owner or person in charge thereof shall provide for the burial, incineration, or other disposition of the body of such animal. If the owner or person in charge of any dead animal is unable to provide for burial or other disposition, he or she may request the animal control officer to dispose of the body of such animal.

B.

Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal control officer shall dispose of such body immediately; provided, however, the animal control officer shall not be required to remove and dispose of bodies of dead animals on state highways or on state property.

C.

The administrator shall collect a fee set by the city council by resolution, from the owner or person in charge thereof, if known.

(Prior code § 5-1.120)

No person shall use, install, or make operable any steel-jawed trap within the city. For the purposes of this section, "steel-jawed trap" shall mean a leg-hold, spring-powered device used to trap animals with metal jaws which clamp shut on an animal's leg when the animal steps on the trap's pressure-sensitive trigger and any device mentioned in Section 4004 of the Fish and Game Code of the state.

(Prior code § 5-1.122)

It shall be unlawful for any person to display for sale, offer for sale, exchange, barter, or give away any animal, except in the following places:

A.

Pet shops, commercial kennels, private kennels, pet grooming parlors, animal menageries, animal shelters, or horse establishments which have a valid permit under Section 5.24.010; and

B.

Private residences.

(Prior code § 5-1.404)

The off-leash fenced-in dog parks in certain designated locations within the city as authorized in the Los Altos Municipal Code Section 5.08.010 A.2, shall be subject to compliance with the following rules and regulations:

A.

Dogs shall be allowed without physical restraint only in off-leash fenced-in dog parks only in certain designated locations and during designated hours within the city. Said off-leash fenced-in areas and hours will be defined by signage approved by the city manager or his or her designee.

B.

No pet or domesticated animal shall be allowed in certain off-leash fenced-in established by this ordinance except for dogs that are: (1) subject to the reasonable control of their owners or handlers; (2) properly licensed pursuant to applicable law; and (3) not "vicious" as defined by Los Altos Municipal Code Section 5.04.005.

C.

Owners and handlers shall clean up after their own dogs and shall keep their dogs under reasonable control as necessary to ensure the safety of people and pets and to prevent destruction of property.

D.

Owners and handlers shall comply with every regulation for use of the park established by the city manager as set forth in Section 5.08.120.

E.

In their use of the park as authorized by this ordinance, owners and handlers shall obey every lawful instruction of any peace officer or of the city manager or his or her designee.

Any violation of the foregoing rules shall constitute an unlawful violation of Los Altos Municipal Code Section 5.08.010.

(Ord. No. 2022-484, § 3, 2-22-2022)

The city manager may establish additional rules and regulations for use of the off-leash fenced-in dog parks in certain designated locations within the city. Such rules shall become effective immediately upon being posted at the park and made available for review by members of the public at the official website of the city's Recreation and Community Services Department.

(Ord. No. 2022-484, § 4, 2-22-2022)