Morgan Hill Municipal Code Ch. 6.12 Dogs and Cats

A. No person shall keep or maintain more than five dogs over four months of age, or more than five cats over four months of age, or any combination totaling five dogs and cats, including no more than one unspayed female dog or one unspayed female cat, on any premises except a premises maintained by a veterinarian licensed by the state for the practice of veterinary medicine, without a valid permit from the administrator 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. Any person currently owning more than five cats or dogs, but less than eight animals, and meeting the conditions described in Section 6.12.010(A) above, may retain this number of owned animals without penalty provided that:

1. All the animals are licensed by the city;

2. No replacement is made of any animal, over the current maximum of five total, due to change in ownership, death, or any other circumstance.

The provisions of this subsection shall be applicable only to dogs or cats born or acquired before January 1, 1995.

(Ord. 1212 N.S., 1995: Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 5, 1987: Ord. 553 N.S. § A (part), 1981)

The owner or person with the right to the control of any dog or dogs shall keep such dog or dogs confined to said person's own premises within such enclosures as may be appropriate or dogs may be restrained by means of a leash sufficient to keep the dog upon the premises, such leash to be capable of restraining at least four times the weight of such dog except:

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

B. Dogs participating in field or obedience trials or exhibitions;

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

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

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

F. Notwithstanding the foregoing provisions, the keeping of potentially dangerous dogs shall be governed by the provisions of Chapter 6.28.

(Amended during 10/08 supplement; Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 6, 1987: Ord. 553 N.S. § A (part), 1981)

No person shall maintain or board any dog four months of age or older which has not been licensed pursuant to the provisions of Chapters 6.04 through 6.32 of this title, except:

A. A license shall not be required for an animal owned or under the control of a nonresident of the city, and which is to be kept in the city for less than thirty days;

B. A license shall not be required for dogs temporarily brought into the city for entry into an event, show or exhibition scheduled not more than ten days thereafter.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

Every owner of a dog over four months of age shall cause such dog to be vaccinated with an antirabies 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 provisions of this chapter shall be a condition to the issuance or renewal of dog licenses.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

Every veterinarian who vaccinates or causes or directs to be vaccinated in the city any dog with antirabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the form within ten days of the beginning of each month, for any dog which he vaccinates or directs to be vaccinated with antirabies vaccine during the previous month.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. Dog license fees, including reduced fees for spayed females or neutered males, for each dog within the city shall be fixed by resolution. Dog license fees shall not be refundable in whole or in part.

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

C. An additional fee shall be fixed to be paid for a license purchased more than sixty days after expiration of a previously issued license or sixty days after notice to the owner to obtain a license.

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 any governmental agencies shall be issued upon request without charge.

E. The administrator may waive the license fee for only one dog kept in a household where the owner of the dog is over the age of sixty-five years, provided such owner presents or qualifies for a state Medi-Cal Card.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

Upon payment of the license fee and the presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, the administrator shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, and a description of the dog for which such license is issued, together with the number of the metallic tag accompanying the same.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. With each dog license, the administrator shall issue a metal tag bearing an identifying number and the words and letters "Morgan Hill, CA. Dog Lic." Each dog shall wear the metal tag issued for it at all times except when being shown at a dog show, exhibition or event. In the event it is necessary to issue a duplicate tag, a fee shall be charged as set by resolution.

B. It is unlawful for any person to attach a metal tag issued pursuant to this chapter to any dog other than the dog for which it was issued.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. The term of any dog license issued under this chapter shall commence on the date of the issuance of the license and shall terminate twelve months from the date of issue.

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

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

The administrator shall keep a record of all licenses issued by him, together with a description of the dog for which such license is issued.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 18, 5-2-2018)

The administrator shall make registration certificates available to owners of cats. A registration certificate shall be issued stating the name and address of the person to whom the certificate is issued, the date of issuance, a description of the cat for which the certificate is issued and the number of the metal tag accompanying the certificate. Resolution shall fix the cat registration fee.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A registration certificate issued pursuant to this chapter shall be valid for a period of twelve months from the date of issue.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

With each registration certificate, the administrator shall issue a metal tag bearing an identifying number and the words and letters "Morgan Hill, CA. Cat Reg." In the event it is necessary to issue a duplicate tag, a fee shall be charged as set by resolution.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

The administrator shall maintain a registry of all cat registration certificates together with a description of the cat for which each certificate is issued.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. Any person adopting an unspayed or unneutered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter in the city shall have such animal spayed or neutered on or before a date specified in the adoption agreement, unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

B. As a condition for adoption, the person adopting an animal may be required to deposit with the pound or shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered.

(Ord. 1209 N.S. (part), 1995: Ord. 701 N.S. § A, 1984)

"Potentially dangerous dog" means a dog which has been classified as potentially dangerous at one of three levels based upon specific behavior exhibited or possession of certain characteristics as described in this section as follows:

A. Level 1 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal; is unlicensed pursuant to Chapter 6.12 of this title; has escaped its enclosure on one prior occasion; or is a member of a breed of dog which in the five years preceding its designation has been identified as responsible for at least two deaths of persons in the United States as documented by statistics compiled by the United States Humane Society.

B. Level 2 behavior is established if a dog is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person; if a dog, while under restraint or on a leash, aggressively bites any person; or while at large, aggressively bites or causes physical injury to any person or domestic animal; or while restrained or confined in accordance with this chapter, aggressively bites any person.

C. Level 3 behavior is established if a dog, whether or not confined, causes the serious injury or death of any person; while at large, kills or causes a serious or life threatening injury to any domestic animal; engages in or is found to have been trained to engage in exhibitions of fighting; has been classified as a Level 2 potentially dangerous dog and repeats the behavior described in subsection B of this section after the owner receives notice of the Level 2 classification; is a dog seized under Section 599aa of the Penal Code, as may be amended, where the owner or keeper has been convicted under subdivision (a) of Section 597.5 of the California Penal Code, as may be amended; or is a dog used in the commission of a crime that constitutes a misdemeanor or a felony.

D. Notwithstanding subsections A through C of this Section, the administrator shall have discretionary authority to refrain from classifying a dog as potentially dangerous, even if the dog has engaged in the behaviors specified in subsections A through C of this section, if the administrator determines that the behavior was the result of one or more of the following circumstances:

1. The injury or damage was sustained by a person who at the time the injury or damage was sustained: was teasing, assaulting, abusing or tormenting the dog; was committing a willful trespass or other tort upon the private property of the owner or person having a right to control the dog; or was committing or attempting to commit a crime.

2. The injury or damage was sustained by a domestic animal that, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog, or trespassing upon the private property of the owner or person having the right to control the dog.

3. The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

4. The injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, or predator control dog on the property of, or under the control of its owner or the person having a right to control the dog, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

E. Dogs used by public police agencies are exempted from the classifications under subsections A through C of this section for behaviors or characteristics exhibited in their capacity with the public police agency.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1442 N.S. § 7, 1999; Ord. No. 2276 N.S., § 18, 5-2-2018)

A. The administrator or his/her designate shall have authority to determine whether any dog has engaged in the behaviors or exhibits any of the characteristics specified in Section 6.12.180. This determination shall be based upon an investigation that includes the observations of and testimony about the dog's behavior or characteristics, including, but not limited to, the dog's upbringing and the owner's control of the dog. These observations and testimony can be provided by animal service officers or other witnesses who personally observed the animal's behavior or characteristics. The witnesses shall sign a written statement attesting to this behavior.

B. The administrator or animal service officer shall give the dog's owner written notice by certified mail or personal service of the dog's specified behavior or characteristics and the dog's classification as a potentially dangerous dog with the additional restrictions, as outlined in Section 6.12.200 of this title, applicable to that dog by reason of its classification. If the owner denies that the behavior in question occurred, the owner may request a hearing before the administrator which shall be conducted in accordance with the provisions of Section 6.32.080. The owner and any other persons having relevant evidence concerning the dog's behavior as specified in the written notice shall be allowed to present testimony. The administrator shall determine whether behavior or characteristics specified in Section 6.12.180 were exhibited or possessed by the dog in question. The administrator shall issue an order containing its determination, which shall be final.

C. Once the owner has received notice of the dog's classification as a Level 1, 2 or 3 potentially dangerous dog pursuant to subsection B of this section, the owner shall comply with restrictions specified in the notice until such time as the administrator's final decision is issued. Failure to comply with the specified restrictions pending the completion of all appeals shall be a violation of this chapter. Additionally, the administrator shall have authority to impound the dog pending completion of all appeals.

D. If the administrator finds that a dog has engaged in Level 3 behavior, the dog may be impounded pending completion of all appeals. If the administrator's final decision is that the dog engaged in Level 3 behavior, the dog's owner shall be liable for the cost of the dog's impoundment.

E. If there are no additional instances of behavior described in Section 6.12.180 within a thirty-six month period from the date of final designation as a Level 2 potentially dangerous dog, the owner may petition the administrator to remove or reclassify the dog's designation as a potentially dangerous dog Level 2.

F. The imposition of regulations pursuant to this section shall not prevent the administrator from also issuing a citation pursuant to Section 6.08.030.

G. Upon a conviction for a second violation of any provision of this title, the administrator or animal service officer may order impoundment of the dog.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1442 N.S. § 8, 1999)

(Ord. No. 2276 N.S., § 18, 5-2-2018)

In addition to the other requirements of this chapter, the owner of a potentially dangerous dog shall comply with the following regulations:

A. If the dog has engaged in Level 1 behavior or has been designated a Level 1 potentially dangerous dog, the dog shall be restrained by a physical device or structure that prevents the dog from reaching any public sidewalk or adjoining property whenever that dog is outside the owner's home and not on a leash under the control of a person at least eighteen years of age and who is physically capable of restraining the animal. The administrator shall adopt administrative rules establishing specifications for the required device or structure. The administrator may require that the dog's owner prove financial responsibility, including posting a bond or certificate of insurance in the amount of fifty thousand dollars, and may require the owner or person having a right to control the dog to attend dog obedience, or such other class as may be determined appropriate by the administrator, with the dog.

B. If the dog has engaged in Level 2 behavior or has been designated a Level 2 potentially dangerous dog, the following regulations shall apply:

1. The owner shall confine the dog within a building or secure enclosure whenever the dog is not inside the home of the owner or on a leash as described below. Such kennel, pen or structure must have secure sides and a secure top attached thereto. Such enclosure must be constructed in a manner so that it cannot be broken down by any action of the confined dog. All structures used for confinement of such animals must be locked with a key or combination lock of sufficient strength to insure confinement of such animals. Such structures must be erected upon a secure bottom or floor constructed of concrete or other materials sufficient to prevent the animal from digging free. Sides of the structure shall be imbedded not less than two feet into the ground behind a solid fence not less than six feet in height. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's property.

2. A Level 2 dog may be permitted off the premises only when it is securely muzzled, and is leashed on a leash not to exceed three feet in length and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal. The leash must be capable of restraining four times the weight of the animal. The leash must be attached to an escape-proof commercial quality walking harness which fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog. No collar of any type or material will be sufficient to satisfy the above requirements. Level 2 potentially dangerous dogs shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings. The muzzling device must be constructed so that it is impossible for the dog to remove it without human assistance.

3. Transportation of Level 2 potentially dangerous dogs shall only be in locked animal carriers equivalent in construction quality to those used by commercial air carriers.

4. No Level 2 potentially dangerous dog shall be left unconfined nor unattended in or about any motor vehicle.

5. Level 2 potentially dangerous dogs enclosed in a house, apartment, building or similar structure shall be allowed only where the windows and doors of the structure are secured to prevent such dog from exiting without the assistance of the owner or person with the right to control such dog.

6. The administrator may require that the Level 2 potentially dangerous dog owner prove financial responsibility including posting a bond or certificate of insurance in the amount of one hundred thousand dollars, and may require the owner or person having a right to control the dog to attend dog obedience, or such other class as may be determined appropriate by the administrator, with the dog.

7. A person owning or having charge of a dog classified as a Level 2 potentially dangerous dog shall post warning signs on the property where the dog is kept, in conformance with the provisions of Section 6.28.050.

8. To insure correct identification, all dogs that have been classified as Level 2 potentially dangerous shall be marked with a permanent identifying mark. The administrator shall adopt rules specifying the character, location and manner of this marking. The owner of the dog shall provide, at the owner's expense, at least two dated, colored photographs depicting a full frontal, facial view and one full side view clearly showing the color and approximate size of the dog.

C. Any dog that has been found to have engaged in Level 3 behavior as described in Section 6.12.180 shall be euthanized.

D. In addition to the normal licensing fees established by the city council, there may be an annual fee for dogs that have been classified as potentially dangerous. This additional fee set in resolution, shall be imposed at the time the license of the potentially dangerous dog expires and shall be payable at the time the license is renewed.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1442 N.S. § 9, 1999)