Article IV — DOGS AND CATS

(a)

The owner or person with the right to control any dog shall keep such dog under the owner's own physical restraint by means of a leash not to exceed six (6) feet in length, or shall keep such dog confined behind a fence not less than six (6) feet high. This section shall not apply to the following:

(1)

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

(2)

Dogs participating in field or obedience trails or exhibitions as permitted by the Town;

(3)

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

(4)

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

(5)

Dogs within an off-leash area designated by the Town;

(6)

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

(b)

Potentially dangerous dog maintenance requirement: In addition to subsection (a) above, the following requirements for the maintenance of a potentially dangerous dog are as follows:

(1)

A sign advising of the presence of a potentially dangerous dog shall be posted at the entrance to every place wherein any such dog is confined. The sign shall be capable of being understood by a child with normal reading skills of a second grader.

(2)

A potentially dangerous dog must be restrained by a person with the physical capability to control the dog.

(3)

A potentially dangerous dog must wear a muzzle, head collar or head halter type device, as determined by the Town Manager or hearing officer, and be on a sturdy, non-retractable leash of no more than six (6) feet in length when it is on any public street or in any other public place or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project unless the dog owner/guardian or person with a right to control the dog has obtained the consent of the owner/guardian or person in control of the private place or property or common area of the planned development, cluster, townhouse, or condominium project.

(4)

A potentially dangerous dog must be spayed or neutered.

(5)

A potentially dangerous dog must have a microchip implant for identification purposes.

(c)

In addition to subsections (a) and (b) above, the owner or person with the right to control a dangerous dog shall:

(1)

Keep the dog under the owner's own physical restraint by means of both a sturdy, non-retractable leash not to exceed three (3) feet in length and capable of restraining four (4) times the weight of the dog; and be attached to an escape-proof commercial quality walking harness that fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog. Neck collars alone of any type or material, will not be sufficient. The dog must be securely muzzled with a device constructed to allow normal respiration but impossible for the dog to remove without human assistance. The Town Manager or hearing officer will make the final determination as to the efficacy of these restraint methods. The dog must be under the direct physical control of a person eighteen (18) years old or older who is physically capable of restraining the animal when the animal is off the property of the owner/guardian with the right to control the animal.

(2)

Ensure that when the dog is in a house, apartment, building or similar structure, that the windows and doors of same are secured to prevent the dog from exiting without the assistance of the owner or person with the right to control such dog and that, when inside, the dog does not pose a threat to other occupants of the premises.

(3)

Post a sign advising of the presence of a dangerous dog at the entrance to every place wherein any such dog is confined. The sign shall be capable of being understood by a child with normal reading skills of a second grader.

(4)

The Town Manager or designee may, in their discretion, require that a dangerous dog be maintained in an enclosed and locked pen or kennel having secured sides and a secured top attached to the sides, and having a secure bottom or floor attached to the side, or with sides embedded not less than two (2) feet into the ground. When outside, said pen must be behind a fence not less than six (6) feet high.

(5)

It is understood that the provision of subsection (c)(4), above, shall not apply to the owner or person with the right to control a dangerous dog living in an apartment or condominium.

(6)

A dangerous dog is subject to special dog permit tag requirements under section 4.40.020.

(7)

The dog owner/guardian or person with a right to control the dog must attend a dog obedience class with the dog that exhibited the behavior leading to its designation of dangerous. Pre-approval to attend such class may be required by the administrator of the dog obedience class.

(d)

In addition to subsections (a), (b) and (c) above, the owner or person with the right to control a vicious dog shall maintain the dog as follows:

(1)

Outdoors:

a.

The dog must be confined by means of a securely enclosed escape-proof, locked kennel, or pen. Such kennel, pen or structure must have secure sides and a secure top attached thereto. The kennel or pen must be constructed in a manner and of such material so that it cannot be broken down by any action of the confined dog. All structures used for confinement of dangerous or vicious dogs must be locked with a key or combination lock of sufficient strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material of sufficient depth to prevent the dog from digging free.

b.

The supporting posts of the structure must be set in concrete or other material not less than two (2) feet into the ground and no further than six (6) feet apart. The sides and ends of the structure must be constructed of solid boards or chain-link material not less than six (6) feet in height and securely fastened to the top and bottom of the structure. The structure may not be constructed or maintained in any front or required side yard and must be maintained in a sanitary condition at all times. The dog(s) confined therein must be afforded adequate protection from the elements and kept in a humane manner.

c.

The escape-proof, locked kennel or pen may not be enclosed by an outdoor fence less than six (6) feet high.

(2)

Indoors: The dog must be confined by means of a house, apartment, building, or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of either the owner/guardian or person with a right to control the dog, and the owner must ensure that the dog is not a threat to other occupants of the premises.

(3)

The Town Manager or hearing officer may impose additional conditions upon the ownership/guardian and control of a vicious dog if the hearing officer determines that under these additional conditions the dog would not present a significant threat to the public health, safety, and welfare.

(4)

If the Town Manager or hearing officer determines that a dog is vicious but additional conditions upon the ownership/guardianship and control of the dog will not sufficiently mitigate a significant threat to the public health, safety, and welfare, the hearing officer may order the dog be destroyed by the Town in accordance with the law.

(e)

Violation of this section shall be punishable as a misdemeanor.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

(a)

There shall be no more than three (3) dogs over four (4) months of age, or four (4) cats over four (4) months of age at any premise or street address. In no event shall there be more than one unspayed cat over four (4) months old and one unspayed dog over four (4) months of age on any premises. In no case shall there be more than five (5) total adult animals over four (4) months of age at any premise or street address. This restriction shall not apply to premises maintained by a veterinarian licensed by the State of California for the practice of veterinary medicine or premises with a valid permit from the Town Manager for a private kennel, commercial kennel, pet shop, animal menagerie, or animal shelter. 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.

(b)

No person shall allow the parturition and rearing of more than one (1) litter of dogs or cats in any one (1) calendar year from females owned by the owner or maintained on the owner's premises without a valid permit from the Town Manager for a private kennel, commercial kennel, or animal shelter.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

Every owner of a dog or a cat over four (4) months of age shall cause such dog or cat 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. Compliance with the provision of this section shall be a condition to the issuance or renewal of dog and cat licenses. Violation of this section shall be punishable as a misdemeanor.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

Every owner of a dangerous dog or vicious dog over four (4) months of age shall register such dog with the Town Manager. Such registration shall be renewed on an annual basis. A registration fee, and a fee to be charged for multiple inspections of required confinement facilities for such dogs, shall be fixed by resolution of the Town Council.

(b)

Every owner of a dangerous dog or vicious dog over four (4) months of age shall obtain a public liability insurance policy from an insurer licensed to practice in the State of California, a single-incident amount of not less than fifty thousand dollars ($50,000) for a dangerous dog, and one hundred thousand dollars ($100,000) for a vicious dog. Such owner shall give written notice to the Town Manager of any cancellation or material change in such policy at least thirty (30) days prior to the date of such cancellation or material change.

(c)

The owner or keeper shall notify Town Manager or Animal Control Agency immediately if a dangerous dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died.

(d)

The owner or person having a right to control the dog may not move the place of residence of the dog within the Town, sell, trade, give away or otherwise transfer ownership and/or the right to control the dog to a person residing within the Town, unless the Town Manager has approved the dangerous dog registration for the new location or approved the new person assuming ownership and/or right to control the dog.

(e)

If the dog owner or person having a right to control the dog decides to sell, trade, give away or otherwise transfer ownership and/or the right to control the dog to a location outside of the Town and/or to another person residing outside the Town, the person transferring ownership or control shall: (1) Notify the Animal Control Agency at least five (5) business days prior to the physical transfer of the dog; and (2) Provide the Animal Control Agency with the name, address and telephone number of the new owner or new person having a right to control the dog.

(f)

An animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such officer is hereby empowered to seize and impound any dangerous dog whose owner fails to comply with the provisions hereof.

(g)

Owners of dangerous dogs unable to meet the requirements of subsection (a) or (b) through (e), above, shall surrender the dogs to the Town Manager for humane destruction or other disposition, by discretion of the Town Manager.

(h)

Violation of this section shall be punishable as a misdemeanor.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

No person shall maintain or board any dog or cat four (4) months of age or older that has not been licensed pursuant to the provisions of this article, except:

(a)

A license shall not be required for an animal owned or under the control of a non-resident of the Town, and that is to be kept in the Town for less than thirty (30) days in any twelve (12) month period.

(b)

A license shall not be required for dogs or cats temporarily brought into the Town for entry into an event, show, or exhibition scheduled not more than ten (10) days thereafter.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

Cross reference— Licenses and miscellaneous business regulations, ch. 14.

(a)

License fees for each dog and cat within the Town, including reduced fees for spayed females or neutered males, shall be fixed by resolution of the Town Council. Dog license fees shall not be refundable.

(b)

The Town Manager may require the submission of a certificate of a licensed veterinarian stating that a dog or cat has been spayed or neutered or cannot be spayed or neutered for health reasons and is incapable of breeding, or is biologically incapable of breeding, prior to issuance of a license of a lesser fee.

(c)

The Town Council, by resolution, may fix an additional fee to be paid for a license purchased more than sixty (60) days after expiration of a previously issued license, or more than sixty (60) days after the deadline for purchase of a license as required under section 4.40.025 of this Code.

(d)

Licenses 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 governmental agencies shall be issued upon request without charge.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

Upon payment of the license fee, presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, and when required, presentation of a dangerous dog registration and a valid certificate of public liability insurance from an insurer licensed to practice in the State of California, the Town Manager will issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance thereof, the date of expiration of the vaccination, the date of expiration of the dangerous dog registration, the date of expiration of the public liability insurance, and a description of the dog or cat for which the license is issued, together with the number of the metallic tag accompanying the same.

(b)

Notwithstanding and subject to the provisions of section 4.40.020 (d) and (e), owners of dangerous or vicious dogs shall notify the Town Manager, in writing, of any changes of address within fourteen (14) days of the date of such change.

(c)

Notwithstanding subsection (a) above, the Manager, in the Manager's discretion, may refuse to issue or renew a license for a period of not more than two (2) years when such refusal is deemed reasonably necessary to protect public health, safety and property.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

With each dog or cat license, the Town Manager or designee will issue a metal tag bearing an identifying number and the words and letters "Los Gatos Dog Lic." or "Los Gatos Cat Lic.," as applicable. Each dog or cat shall wear the metal tag issued for it at all times except when being shown at a dog or cat show, exhibition or event or when it is in a fully enclosed structure in the owner's premises. In the event it is necessary to issue a duplicate tag, a fee set by the Town Council shall be charged to the owner.

(b)

It shall be unlawful for any person to attach a metal tag issued pursuant to this section to any dog or cat other than the dog or cat for which it is issued.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

The term of any dog or cat license issued hereunder shall commence on the date of the issuance of the license and shall terminate either twelve (12) months from the date of issue, or for dogs twelve (12) months

or older and cats, twenty-four (24) or thirty-six (36) months from date of issue dependent on license fee and vaccination status tendered.

(b)

Dog and cat licenses shall be renewed upon expiration. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

The Town Manager or designee will keep a record of all licenses issued by the Town Manager or designee, together with a description of the dog or cat for which such license is issued.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

Upon request of any authorized animal control employee or any peace officer, the owner or person having control of a dog or cat shall present the dog's or cat's license to that person.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

Every veterinarian who vaccinates or causes or directs to be vaccinated in the county any dog or cat with anti-rabies vaccine shall use a form provided by the Town certify that such animal has been vaccinated.

(b)

Every veterinarian shall provide to the animal owner a copy of the anti-rabies vaccination form for use in obtaining a license for the animal.

(c)

Every veterinarian operating a business within the Town of Los Gatos shall conspicuously display a sign to notify dog and cat owners that their animals must be licensed.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)