Morgan Hill Municipal Code Ch. 6.24 Animal Restrictions

A. No person having the control or care of any animal or animals shall suffer or permit such animal to enter or remain in city-owned or city-managed buildings other than a building used for the purpose of care, detention, 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 for other use because of physical disabilities; or persons who are working with dogs in connection with public police purpose, or persons authorized by the administration.

B. No person, other than an individual then actually in the process of working a dog or other animal for ranching purposes, shall transport or carry the animal in a motor vehicle on any public highway or public roadway, unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle.

C. 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 which may adversely affect the health or well-being of the animal.

(Ord. 1209 N.S. (part), 1995: Ord. 727 N.S. § 1, 1985: Ord. 553 N.S. § A (part), 1981)

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

1. Defecate on public or private property without immediately cleaning and removing the excrement to a proper receptacle;

2. Permit an animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by urinating or defecating on private property, chasing vehicles, molesting, or biting passersby;

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

4. Keep, maintain, cause or permit to be kept or maintained any dog, cat or other animal or fowl, whether licensed or not, that interferes with the reasonable and comfortable use of property in any neighborhood or community by howling, yelping, barking or other noise, frequently or for extended periods of time. Each day that such disturbance is permitted to continue shall constitute a separate offense.

B. The animal service officer, or any peace officer, may seize and impound any animal causing a public nuisance.

C. A violation of this section is declared to be a public nuisance.

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

(Ord. 1442 N.S. §§ 10, 11, 1999; Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 8, 1987; Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 20, 5-2-2018)

It is unlawful for any person owning or having control of any animal, whether licensed or not, to cause, permit or allow 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 development, cluster, townhouse or condominium project without the consent of the owner or person in control thereof, except that nothing contained in this section shall apply to dogs on a leash, held by a person capable of controlling the dog, or to dogs which are off-leash in a specially designated off-leash dog park as authorized by the city or to cats.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1442 N.S. § 12, 1999: Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

It is unlawful for any person owning or having control of any animal, whether confined or not, to keep, maintain, cause, permit or allow such animal to bite another person or domestic animal which causes serious injury to that person or domestic animal. For the purpose of this section, serious injury means any injury which requires treatment other than basic first aid.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1442 N.S. § 13, 1999)

Except as provided in Section 6.24.080(B), an animal service officer shall not seize or impound a dog for running at-large under the provisions of this title when the dog has not strayed from and is upon the private property of 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, nor shall the animal service officer seize or impound a dog which has strayed from but then returned to the enclosed portion of private property of his owner or the person who has a right to control the dog as required in this section, but in such a case, a citation may be issued; provided, however, that if the owner or 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 residence of the owner or person who has a right to control the dog. The 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.

(Ord. No. 2276 N.S., § 20, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 20, adopted May 2, 2018, amended § 6.24.040 to read as set out herein. The former § 6.24.040 pertained to animal control seizure—conditions and derived from Ord. 553 N.S., § A(part), adopted in 1981; Ord. 822 N.S., § 9, adopted in 1987; and Ord. 1209 N.S. (part), adopted in 1995.

It is unlawful to abandon any animal in the city.

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

A. 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 may request the animal service officer to dispose of the body of such animal.

B. Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal service officer shall dispose of such body immediately; provided, however, that the animal service officer shall not be required to remove and dispose of bodies of dead animals on state highways or on state property.

C. The administrator shall 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.

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

(Ord. No. 2276 N.S., § 20, 5-2-2018)

A. It is unlawful for any person having knowledge that any animal is known to have or is suspected of having bitten any person to fail to immediately report that fact to city animal control services, the administrator, or health officer with full information in regard to the incident.

B. Upon receipt of such a report, an animal services officer shall seize and quarantine such animal for a period of fourteen days or such other period as may be prescribed by the State Department of Health. The animal services or health officer may order the owner to quarantine the animal on his or her premises.

C. It is unlawful for any person to fail, refuse, or neglect to quarantine any animal as ordered by the animal services or health officer, or to refuse to allow the animal services or health officer to inspect any private premises where the animal is kept. It is unlawful for an animal to be removed or released during the quarantine period without written permission of the animal services or health officer.

D. The administrator may charge a fee, as set forth by resolution, for the costs of quarantining dogs and inspections for quarantine of dogs. Any fee charged shall be paid by the owner or person who has legal custody of the dog. Such a fee shall be in addition to the actual costs of the animal control or health officer in housing, feeding, and otherwise caring for quarantined dog.

E. Any animal which dies or is destroyed while under quarantine shall be submitted to the laboratory of the county health department for rabies examination.

(Ord. 1442 N.S. § 14, 1999; Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 20, 5-2-2018)

A. No person owning or having charge of any animal which that person knows to be infected with any disease transmittable to humans shall permit such animal to be or remain within the city other than at an approved veterinary hospital unless the administrator/animal service officer or other appropriate authority approves an alternative means of confinement.

B. The animal service officer or a peace officer shall seize any animal he or she reasonably believes to be infected with disease transmittable to humans, or to be dangerous. The animal service officer shall keep such animal in a safe place for a period sufficient to observe, examine and determine whether it is diseased or dangerous so as to be a menace to public health or safety.

C. Diseased or vicious animals which are a danger to public health or safety shall be impounded and may be euthanized.

(Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 10, 1987: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 20, 5-2-2018)

In addition to Penal Code Section 596, it is 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 is unlawful for any person to maliciously kill, maim, wound, mutilate, torment, torture or physically abuse any animal.

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

(Ord. No. 2276 N.S., § 20, 5-2-2018)

It is unlawful for any person to use within the city a leg-hold steel-jawed trap, steel-jawed trap, or steel leg-hold traps as defined in California Fish and Game Code Section 4004, as may be amended.

(Ord. 1209 N.S. (part), 1995: Ord. 879 N.S., 1988)

(Ord. No. 2276 N.S., § 20, 5-2-2018)