Chapter 6.04 — ANIMALS GENERALLY

Notwithstanding any other provisions of this title, it is unlawful for any person to keep or maintain or cause to be kept or maintained any animal or fowl, unless the keeping of such animal or fowl is permitted in the particular district as provided in the zoning code of the city. (Prior code § 3-1; Ord. O2019-02 § 1)

No person shall at any time maintain any lot or other premises, or any portion thereof, in the city, upon which any animal is kept in an unsanitary condition. No person shall maintain any such lot or other premises, or portion thereof, upon which any animal is kept, in such condition as to cause the same to be infested with flies or insects or to create any noxious or offensive odors. (Prior code § 3-2; Ord. O2019-02 § 1)

It is unlawful for any owner, keeper or controller of any animal to refuse or fail to remove promptly excrement deposited by said animal upon any common thoroughfare, street, sidewalk, play area, park, other public property or any private property when permission of the owner or tenant of said property has not been obtained. (Ord. O2019-02 § 1)

• A. Any animal, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is vicious within the meaning of this title:

  1. An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting him or herself peacefully and lawfully;

  2. An attack which results in property damage or in an injury to a person when such a person is conducting him or herself peacefully and lawfully;

  3. An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking animal;

  4. Any behavior which constitutes a threat of bodily harm to a person when such person is conducting him or herself peacefully and lawfully.

• B. For the purposes of this section, a person is conducting him or herself peacefully and lawfully upon the private property of an owner or possessor of the animal when he or she is on such property in the performance of any duty imposed on such person by state or local law or by the laws of postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied.

• (Prior code § 3-14; Ord. 766, 1987; Ord. O2019-02 § 1)

• A. It is unlawful for any person to own or have the care, custody, control or possession of a vicious animal, as defined in Section 6.04.030, within the city limits.

• B. A violation of this section constitutes a misdemeanor, and is punishable by a fine not exceeding one thousand dollars, or imprisonment in the County Jail, or by both such fine and imprisonment.

• (Ord. 862 § 1, 1990; Ord. O2019-02 § 1)

Any animal quarantined for biting a human being and any incident reported to the animal services officer concerning a vicious animal may be investigated by the animal services officer. If, based on the investigation, the animal services officer concludes that there is probable cause to believe that the animal is vicious, he or she shall so certify in writing within ten days following completion of the investigation to the person owning or controlling the animal. Upon completion of an investigation by the animal services officer, a complete report, including comments from neighbors regarding the vicious animal, shall be submitted to the police chief or designee, along with the recommendation regarding prosecution.

(Prior code § 3-14.1; Ord. 766, 1987; Ord. 1077 § 3, 1998; Ord. 1495 § 1, 2011; Ord. O2019-02 § 1)

If there is probable cause to believe that an animal is vicious, and the animal services officer so certifies, such officer or any police officer or other authorized employee of the city may enter upon private premises, in accordance with state and federal law, in order to seize any such vicious animal, whether running at large or not, and shall confine the animal at an appropriate animal shelter. The confinement shall continue pending the decision of the court, or other authorized body, as to whether the animal shall be deemed vicious.

(Prior code § 3-14.2; Ord. 766, 1987; Ord. 1495 § 1, 2011; Ord. O2019-02 § 1)

Any violation of this title shall be considered a public nuisance and, upon direction of the city council, the city attorney shall take action to abate the nuisance. (Prior code § 3-14.3; Ord. 766, 1987; Ord. O2019-02 § 1)

It is unlawful for any person to keep or harbor more than three dogs and three cats which are over the age of four months on any lot, premises, dwelling, building, structure, boat or living accommodation, except as provided for in Section 6.08.150. Owners who have more than the stated number of dogs (three) and cats (three) as of the passing of the ordinance codified in this section are exempt for those animals only as long as they are currently licensed with the city of Manteca.

(Ord. O2019-02 § 1)

Except as otherwise provided, any violation of this chapter shall constitute an infraction, and is punishable by a fine not exceeding one hundred dollars. Each additional violation of this chapter within twelve months shall constitute a misdemeanor, and is punishable by a fine not exceeding one thousand dollars, or imprisonment in the County Jail, or by both such fine and imprisonment. (Prior code § 3-14.4; Ord. 766, 1987; Ord. 840 § 2, 1989; Ord. 862 § 2, 1990; Ord. O2019-02 § 1)

The city council shall set, by resolution, the fee dollar amount for all services provided to carry out the provisions of this title. Such resolution may be amended from time to time by further resolution of the city council.

(Ord. 1077 § 2, 1998; Ord. O2019-02 § 1)

CHAPTER 6.08 DOGS