Modesto Municipal Code Art. 2 Dogs

(Ord. 512-N.S., Ord. 675-N.S., Ord. 44-C.S., Ord. 279-C.S., Ord. 366-C.S., Ord. 443-C.S., Ord. 575-C.S., Ord. 639-C.S., Ord. 1284-C.S., Ord. 1304-C.S., Ord. 1334-C.S., Ord. 1390-C.S., Ord. 1520-C.S., Ord. 1521-C.S., Ord. 1524-C.S., Ord. 1545-C.S., Ord. 1546-C.S., Ord. 1689-C.S., Ord. 1757-C.S., Ord. 2231-C.S., Ord. 2297-C.S., Ord. 2588-C.S., repealed and reenacted by Ord. 2766-C.S., § 1, effective 7-4-91)

A violation of any provision of this article shall be punishable as an infraction, except Section 5-4.212 which shall be punishable as a misdemeanor, or as provided under any remedy available at law.

(Added by Ord. 2766-C.S., § 1, amended by Ord. 3476-C.S., § 1, effective 3-27-08)

(a) License Required. Every person who owns, controls, harbors, possesses or keeps in the City any dog over the age of four (4) months shall first procure a license from the County of Stanislaus for said dog.

(b) License Tag Required to Be Attached to Dog. Upon proper application and payment therefor, by any person owning, controlling, harboring, or keeping any dog, the County of Stanislaus shall issue a serially numbered license tag. The applicant for said license shall state the age, sex, color and breed of the dog for which the license is desired, and the address of the owner of said dog. The County of Stanislaus, upon the issuance of said license, shall endorse upon the application the number of the license tag issued; and all applications so endorsed shall be kept on file in the office of the Stanislaus County Animal Control and shall be open to public inspection. The person to whom said license is issued shall affix or cause to be affixed the license tag hereinabove mentioned to said dog for whom said license is issued; and said dog shall thereafter, at any and all times, have attached to it said license tag aforesaid.

(c) Immunization Required. It shall be unlawful for any person to keep, own, or harbor any dog or dogs in the City over the age of four (4) months unless such dog or dogs have been vaccinated with an approved canine antirabies vaccine by a veterinarian authorized to practice veterinary medicine or surgery in this state.

(d) Fees. Fees for the above-described requirements will be changed in accordance with Section 5-4.202 of this Code.

(e) Exemptions. The provisions of this article shall not apply to any dog owned by or in the charge of any person not a resident of the City of Modesto who is traveling through the City or temporarily sojourning therein for a period not longer than thirty (30) days; nor to any dog brought into the City and kept therein for less than thirty (30) days for the exclusive purpose of entering said dog in any bench show, dog exhibition, field trial or competition; nor to any dog brought to or sent into the City from any point outside thereof for the exclusive purpose of receiving care from a licensed veterinary.

(f) Authority to License Dogs. The City of Modesto hereby grants to the County of Stanislaus the authority to license dogs according to the provisions of this chapter in the City of Modesto.

(Added Ord. 2766-C.S., § 1, amended by Ord. 3286-C.S., § 1, effective 4-3-03)

As provided in Section 30501 of the Agriculture Code of California, the provisions and fees duly adopted by the Board of Supervisors of Stanislaus County for the licensing, immunization, impounding, humane destruction, license fees, tags, permits, penalties, exemptions and other legislation or regulation pertaining thereto, as the Board may amend from time to time, shall apply to all dogs within the City limits; provided, however, that County kennel licensing procedures shall not apply within the City. A copy of the fee schedule adopted by the County Board of Supervisors is on file in the offices of the City Clerk and the Finance Director.

(Added Ord. 2766-C.S., § 1, effective 7-4-91)

(a) No dog shall be permitted in or upon any public street, alley, park, parkway, or other public place in the City or in or upon any property belonging to said City, unless said dog shall be on a leash and is under the complete control of the person owning or at the time in possession of said dog. Said leash in no event shall be of a length greater than eight (8) feet.

(b) The prohibitions contained in subsection (a) of this section will not apply to special use facilities, such as dog parks, as designated and posted by the Parks, Recreation & Neighborhoods Department.

(c) Notwithstanding anything in this section to the contrary, no person shall be compelled to keep any dog in his possession on a leash while in or upon any public street, alley, park, parkway, or other public place in the City, if at the time, said dog is securely confined in an automobile.

(Added Ord. 2766-C.S., § 1, effective 7-4-91; Ord. No. 3586-C.S., § 1, effective 5-9-13)

Purpose and Intent. Within the City of Modesto there are vicious dogs which constitute a public nuisance which should be abated. The provisions of this section provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is intended to supplement rather than supplant any other remedy available either under state law or the Modesto Municipal Code.

(a) Vicious Dog Defined. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:

(1) An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself 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 himself 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 dog.

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

For the purposes of this section, a person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the dog 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 [or] postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied.

(b) Investigation. Any incident reported to the Modesto Police Department concerning a vicious dog may be investigated by the Police Chief, or his designee. The investigation may consist of reports of officers made at the time of the incident, or follow-up reports. If, based on the investigation, the Police Chief concludes that there is probable cause to believe that the dog is vicious, he shall so certify in writing within ten (10) working days following completion of the investigation to the person owning or controlling the dog. Thereafter a hearing shall be held pursuant to subsections (d), (e) and (f) below.

(c) Confinement of Dog. If the Police Chief certifies that there is probable cause to believe that a dog is vicious and a risk to public safety, he may direct any animal control officer, police officer or other authorized employee of the City to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine said dog at an appropriate animal shelter pending the decision of the City Manager following the hearing provided for in subsections (d), (e) and (f) below. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.

(d) Hearing—Schedule. A hearing date shall be set not later than ten (10) working days from the date of certification. The City Manager shall mail or otherwise deliver to the owner or person controlling the dog and other interested persons, including, but not necessarily limited to, all properties within three hundred (300) feet of the address of the owner or person controlling the dog, at least five (5) working days prior to the date set for hearing, a notice in substantially the following form:

NOTICE OF HEARING REGARDING VICIOUS DOG

TO:_______(name)_______; _______(address)_______

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 5-4.204 of the Modesto Municipal Code, the Police Chief has certified that there is probable cause to believe a dog owned or controlled by you, a (breed) , is vicious.

FURTHER NOTICE IS HEREBY GIVEN that on _______the day of _______, 19___, at the hour of ___ o'clock, in the offices of the City Manager, City Hall, 801 11th Street, Modesto, California, the report of the Police Chief will be considered by the City Manager or an appointed hearing officer with such other oral and documentary evidence bearing upon the question of whether your dog is vicious. You may appear and may present evidence at the hearing. You may also be represented by an attorney. If you fail to appear without giving notice to the City Manager, the matter may proceed in your absence and such absence may be further considered a waiver of your right to present evidence and object to any decision made.

In the event your dog is found to be vicious, it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance and any impoundment cost incurred shall be assessed against you.

A copy of this notice has been sent to property owners within three hundred (300) feet of your address.

Dated: ___________ ___________ City Manager

(e) Hearing—Procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious. Any owner who fails to appear after notice as provided herein was given, without obtaining a continuance from the City Manager or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the City Manager. If the hearing is conducted by a hearing officer other than the City Manager, the hearing officer shall submit a report to the City Manager summarizing the evidence and making a recommendation as to disposition.

(f) Hearing—Findings: Public Nuisance. If, based upon the hearing, and the report of the hearing officer, if any, the City Manager upholds the findings of the Police Chief that the dog is vicious, the City Manager shall so specify in writing together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the City Manager, humanely destroyed, be removed from the City, or the nuisance otherwise abated by appropriate order of the City Manager including, but not limited to, confinement, fencing, muzzling or leashing. The decision of the City Manager shall be made within ten (10) working days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog.

(g) Appeal From the Decision of the City Manager. The decision of the City Manager shall inform the person owning or controlling the dog that any appeal of the City Manager's decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.

(h) Cost of Impoundment. If the City Manager finds the dog is vicious, the costs of impoundment incurred by the City, including any abatement period, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said lien is paid. If the order includes the release of a dog found to be vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within thirty (30) calendar days after the date of mailing or delivery of the order, the City Manager may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the City, or an action may be brought in the name of the City to recover the costs of impoundment.

(i) Criminal Sanctions. The first violation of any order issued pursuant to subsection (f) above shall constitute an infraction. The second and any further violations within twenty-four (24) months of the order shall be misdemeanors.

(Added by Ord. 2766-C.S., § 1, effective 7-4-91; Ord. No. 3586-C.S., § 1, effective 5-9-13)

It shall be unlawful for any person owning or being in charge, care, control or custody of any dog to suffer or permit any such dog to trespass on private property.

(Added by Ord. 2766-C.S., § 1, effective 7-4-91)

It shall be unlawful for any person owning or being in charge, care, control or custody of any dog to suffer or permit any such dog to commit a nuisance on improved private property other than that of the owner or person having charge, care, control or custody of the dog.

(Added by Ord. 2766-C.S., § 1, effective 7-4-91)

(a) It shall be unlawful for any person owning or having charge, care, control or custody of any animal to allow animal waste or fecal matter produced by said animal to accumulate or remain on the ground or about the premises or property for more than three (3) days without said animal waste or fecal matter being placed in an airtight bag or other container and removed from the property within seven (7) days.

(b) Notwithstanding the above, any person owning or having charge, care, control or custody of any animal shall at all times prevent urine and/or feces odors of said animal's waste from hindering, hampering, impeding, interfering with, infringing upon, or detracting from another person's enjoyment of their real or personal property.

(Added by Ord. 2766-C.S., § 1, effective 7-4-91)

(a) It shall be unlawful for any person owning or being in charge, care, control or custody of any dog or cat or other household pet, referred to as "animal" in this section, to permit, either willfully or through failure to exercise due care or control, such animal to defecate and to allow the feces to remain upon a public park, sidewalk, roadway of any public street or on any property not owned or possessed by the owner or person being in charge, care, control or custody of the animal. The person owning or being in charge, care, control or custody of any animal shall immediately and securely enclose all feces deposited by such animal in a bag, wrapper or other container and dispose of it in a sanitary manner.

(b) Failure of any person owning or being in charge, care, control or custody of any animal to remove such feces immediately from the above-described property shall constitute a violation of this section and shall be punishable as an infraction.

(c) The provisions of this section shall not apply to visually handicapped persons who have the charge or control of a guide dog.

(d) Violation of this section shall be an infraction punishable by a fine of fifty dollars ($50.00) for the first offense and two hundred dollars ($200.00) for each subsequent offense.

(Added by Ord. 2853-C.S., § 1, effective 6-3-93)

No person shall be compelled to muzzle any dog except in cases of emergencies. Such emergencies shall be deemed to exist when and if the Health Officer shall determine and report to the Council that there is in the City or County surrounding said City an epidemic of rabies. When and if said Health Officer reports as aforesaid, then all persons in the City owning, possessing, keeping or harboring any dog or dogs shall cause the same to be muzzled and to remain muzzled, except when said dog or dogs are eating, until said Health Officer shall publicly and officially declare that such epidemic is at an end.

(Added by Ord. 2766-C.S., § 1, effective 7-4-91)

It shall be unlawful for any person owning, possessing, controlling, harboring, or keeping any dog or puppy to cause or permit said animal to make or continue, by howling, yelping, whining, whimpering, growling, barking, or otherwise, a loud and raucous noise. "Loud and raucous noise" means any sound which, because of its volume level, duration, or character, annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of a reasonable person of ordinary sensibility within the limits of the City of Modesto. The Police Chief may impound any dog or puppy making a loud and raucous noise.

(Added Ord. 2766-C.S., § 1, effective 7-4-91)

It shall be unlawful for any person owning or having the possession of any female dog in season to permit the same to run at large or to run loose on or within the premises of such person. Running loose is defined for the purposes of this section as being outside of a house, closed garage or other closed building, whether tied or not.

(Added Ord. 2766-C.S., § 1, effective 7-4-91)

It shall be the duty of the Police Chief to impound all dogs over the age of four (4) months that are unlicensed and/or unidentified, as provided for in this article, or that are in and upon any public street, alley, park, parkway or public place unleashed.

(Added Ord. 2766-C.S., § 1, effective 7-4-91)

It shall be unlawful for any person owning, possessing, controlling, harboring, or keeping any dog or puppy to cause or permit said animal to exhibit or engage in vicious behavior. "Vicious behavior" means any of the following:

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

(b) An attack which results in property damage or in an injury to a person when such a person is conducting himself or herself peacefully and lawfully.

(c) An attack on another animal, livestock or poultry which occurs on property other than that of the owner of the attacking dog.

(d) Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully.

(Added Ord. 2766-C.S., § 1, effective 7-4-91)