Monte Sereno Municipal Code Ch. 6.01 Animal Control

The words and terms used in this Chapter shall have the following meanings unless the context clearly indicates otherwise.

"Animal": Any live vertebrate creature, domestic or wild, except fish.

A. "Animal control officer": Any person authorized to act on behalf of the City Manager in the enforcement of this title, and on behalf of the County Health Officer in the enforcement of rabies control laws.

B. "Animal menagerie": Any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, or trained.

C. "Animal shelter": A facility operated by a public jurisdiction or by an accredited, tax-exempt humane organization for the purpose of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned, or unwanted animals.

D. "Cat": A domestic cat (Felis catus).

E. "Dangerous animal": Any wild, exotic, or venomous animal, or other animal which because of its size, disposition, or other characteristic would constitute a danger to persons or property.

F. "Dog": A domestic dog (Canis familiaris).

G. "Health officer": The director of public health or any person authorized to act on his or her behalf.

H. "Horse establishment": Any person keeping three (3) or more horses, donkeys, mules, jack, hinny, jenny burros, or ponies for any or all of the following purposes:

1. For being ridden or driven;

2. For giving riding instructions;

3. For boarding with compensation.

I. "Owner": Any person who acknowledges ownership of an animal or who harbors or keeps an animal for five (5) or more consecutive days.

J. "Manager or City Manager": City Manager or any person authorized or designated by the City Manager to act on the City Manager's behalf.

K. "Person": Any individual, establishment, firm, association, organization, partnership, trust, corporation, or company.

L. "Private kennel": A person who maintains within or adjoining his or her private residence five (5) or more dogs over four (4) months of age, or five (5) or more cats over four (4) months of age, but no more than a combined total of five (5) dogs and cats; such animals to be for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two (2) male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two (2) litters of dogs or cats in any one (1) calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purposes of commercial breeding which is not permitted under this Chapter.

M. "Quarantine": Isolation of an animal in a place and manner approved by the health officer.

N. "Potentially dangerous dog": Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that:

1. Without provocation, inflicts bites on a human, or a domestic animal while on public or private property;

2. Without provocation, chases or approaches humans or domestic animals or livestock on the streets, sidewalks or any public grounds in a threatening manner or apparent attitude of attack;

3. Has a known propensity, tendency or disposition for unprovoked attack, causing injury and threatening the safety of humans and domestic animals; or

4. Has been specifically trained to guard persons and/or property.

O. "Dangerous dog": Any dog, except a dog assisting a peace officer engaged in law enforcement duties, that:

1. Has inflicted severe injury on a human or domestic animal on public or private property; or

2. Has, after having been designated potentially dangerous, engaged in the same behavior that resulted in that designation.

This Chapter is not intended to regulate the use of land. Title 10 of the Monte Sereno Municipal Code regulates the number and types of animals and animal establishments that may be maintained in specific zoning districts. Nothing in this Chapter is intended to supersede any provision of the City of Monte Sereno Zoning Regulations.

No person owning or having 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 cluster project, without the consent of the owner or person in control thereof.

An animal control officer shall not seize or impound a dog for running at large in violation of Section 6.01.030 when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.

A. A dog that has strayed from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded merely for violation of Section 6.01.030, but in such a case a citation for such violation may be issued; provided, however, that if in such a situation, the owner or the person who has a right to control the dog is not at home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living unit of the owner or person who has a right to control the dog. This notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.

B. This Section shall not otherwise affect the authority of an animal control officer to seize or impound a dog or issue citations as a result of the violation of sections of this chapter other than Section 6.01.040.

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

A. Upon receipt of such a report, an animal control officer will seize and quarantine such animal for a period of fourteen (14) days or such other period as may be prescribed by the state department of health. The health officer may order the owner to quarantine the animal on the owner's premises.

B. 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, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the health officer.

C. The City Manager may charge a fee, as set forth in a resolution of the City Council or Board of Supervisors, for the City's and County's costs of quarantining animals and inspections for quarantine of animals. Any fee charged shall be paid by the owner or person who has legal custody of the animal. Such a fee shall be in addition to the actual costs of the health officer in housing, feeding and otherwise caring for a quarantined animal.

D. The head of any animal that dies or is destroyed while under quarantine shall be submitted to the laboratory of the County health department for rabies examination.

The owner or person with the right to control any animal that the person knows to be infected with any disease transmittable to humans shall not permit that animal to remain within the County other than at a veterinary hospital approved by the health officer, unless the health officer expressly approves an alternate means of confinement.

A. The animal control officer will seize any animal to be infected with any disease transmittable to humans. The animal control officer will keep such animal in a safe place for a period sufficient to observe examination and determined whether such animal is diseased. Animals found to be diseased may be destroyed.

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.

A. Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal control officer will remove the animal's body immediately; provided, however, that the animal control officer shall not be required to remove and dispose of bodies of dead animals on state highways or on state property. Before disposing of the body of a dead animal, the animal control officer will give notice to the owner of the animal, if known, within seventy-two (72) hours of the time that the dead animal is removed.

B. The City Manager will collect a fee sufficient to defray the costs incident to removal and disposal of dead animals which shall be paid by the owner or person in charge thereof, if known; but no fee shall be charged to the owner or person in charge of a dead dog or cat if that person has attained the age of sixty-five (65) years.

It is unlawful to abandon any animal in the City.

No person having the control or care of any animal or animals shall suffer or permit any such animal to enter or remain in City owned or managed buildings other than a building used for the purpose of care, detention, space control or treatment of animals, or a building used for training classes, shows or exhibitions, except persons who are blind or deaf and who use dogs for guidance, or persons expressly authorized by the City Manager.

The City Manager and animal control officer shall have the following power and authority:

To enforce the provisions of this Chapter and state laws relating to the care, treatment, impounding and destruction of animals.

A. To arrest any person who violates any provision of this Chapter in the manner provided by Section 836.05 of the Penal Code.

B. Animal control officer to issue citation pursuant to Section 607(g) of the Civil Code.

C. To act as a public officer pursuant to Food and Agricultural Code Section 7.

D. The City Manager may formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this Chapter. Such rules and regulations shall have the same force and effect as this ordinance when adopted by the City Council and any violation shall be deemed an infraction.

E. Pursuant to Civil Code Section 607(g), the City Manager may deputize as an animal control officer any humane officer of the Humane Society of Santa Clara Valley.

The City Manager and/or an animal control officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this Chapter. An inspection or search warrant will be obtained whenever required by law.

A. This entry and inspection will be made only after the occupant of the premises, if any, has been given written or oral notice of the inspection by the City Manager and/or an animal control officer. If the land is unoccupied, the City Manager and/or animal control officer will make a reasonable effort to locate the owner or other person having control of the property before making entry.

B. Notwithstanding the foregoing, if the City Manager and/or an animal control officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect public health or safety, the City Manager and/or animal control officer shall have the power to immediately enter and inspect the property with the use of reasonable force. If the property is occupied in such a circumstance, the City Manager and/or an animal control officer will first attempt to notify the occupant and demand entry. Failure or refusal to permit such an inspection constitutes a misdemeanor.

In addition to Penal Code Section 596, it shall be unlawful for any person to willfully administer poison to any dog, cat, or other domestic animal or to willfully 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.

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

1. Defecate or urinate on private property (other than that of the owner or the person having control of the animal);

2. Defecate on public property without immediately removing the excrement to a proper receptacle;

3. Permit an animal to obstruct or interfere with the reasonable and comfortable use of property by chasing vehicles, molesting passersby, barking, howling, baying, or making any other noise;

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

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

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

C. Any private person may maintain an action under Civil Code Section 3493 for enforcement of this Section declaring certain acts a public nuisance, if such acts are specifically injurious to that person.

Other than an individual then actually in the process of working a dog or other animal for ranching purposes, no person shall transport or carry an animal in a motor vehicle, unless the animal is safely enclosed within the vehicle by means of a container, cage, or other device that will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle.

A. 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 that may adversely affect the health or well-being of the animal.

No person shall use a leg-hold steel-jawed trap, steel-jawed trap, or steel leg-hold trap, as defined in Fish & Game Code Section 4004, in any urban service area boundary, as defined in Government Code Section 56080.