Mountain View Municipal Code Art. I General Provisions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Abandoned animal" means an animal that is left without proper and necessary care for the animal's well being for twenty-four (24) hours or an unreasonable period of time. "Abandoned animal" shall also mean any animal, lawfully impounded by the city, for which the owner has not paid fees, rates or charges relating to the detention of the animal.

"Administrator" means the city manager or his/her designee.

"Animal" includes, but is not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles and nonhuman mammals.

"Animal control officer" means any person authorized by the administrator to enforce the provisions of this chapter, or any person authorized by the County health officer in the enforcement of rabies control laws and in the enforcement of state laws.

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

"Animal shelter" means the service provider animal shelter, the Humane Society animal shelter, or any other facility designated by the service provider for the purpose of impounding and caring for all animals found in violation of this chapter, or surrendered to the city by their owners, and shall be a facility devoted to the welfare, protection and humane treatment of all animals.

"Animal rescuer" means any person or organization that provides temporary housing and care for domestic animals with the purpose of placing those animals with a new and permanent owner in a new home and that provides evidence satisfactory to the administrator of a history of active placement or an affiliation with a recognized group with a history of active placement.

"At large" means:

(1) General. The presence of any animal when it is off the premises of its owner and not restrained by a six-foot leash under the control of a person physically capable of retaining control of the animal, or when the animal is on the premises of its owner and not restrained by a six-foot leash, fence or other adequate enclosure sufficient to prevent ingress and egress of the animal or not under the control and/or the immediate presence of its owner;

(2) Animal in heat. For the purposes of this provision, "at large" shall also mean outside a house, vehicle or other enclosure adequate to prevent male dogs gaining access to the female dog.

"Cat" means a domestic cat (Felis catus).

"City council" means the city council for the City of Mountain View.

"City manager" means the city manager for the City of Mountain View or his/her designee.

"Commercial kennel" means any person or facility, as allowed under the current zoning code, engaged in, or used for, the keeping of dogs or cats, or both, for sale, individually or in litter lots, or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters or private kennels shall not be considered commercial kennels.

"Dangerous animal" means any wild or exotic mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which, because of its size, vicious nature or other characteristics, constitutes a danger to human life, other animals or property.

"Dangerous dog" means any dog, except a dog assisting a peace officer engaged in law enforcement duties, that:

(1) Without provocation, has bitten a person or a domestic animal while on public or private property;

(2) Without provocation, chases or approaches people or domestic animals 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 people or domestic animals;

(4) Has been specifically trained to guard persons and/or property;

(5) Has inflicted severe injury on a person or domestic animal on public or private property; or

(6) Any dog declared potentially dangerous, dangerous or vicious in another jurisdiction.

"Dog" means a domestic dog (Canis familiaris).

"Domestic animal" includes dogs, cats and birds, rabbits and fowl commonly kept as pets.

"Domestic bird" includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers.

"Euthanasia" means the humane destruction of an animal pursuant to the requirements of Sec. 5.60.

"Exotic" means any animal not normally kept as a domestic or household pet, fowl or livestock and including, but not limited to, lions, tigers and monkeys.

"Fowl" means any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

"Grooming parlor" means any commercial place where animals are trimmed, bathed or groomed.

"Harbored" means the feeding or sheltering of an animal for three (3) or more consecutive days.

"Health officer" means the director of public health of the County of Santa Clara or any person authorized to act on his/her behalf.

"Hearing officer" means the service provider's or the administrator's designee.

"Livestock" means all domesticated bovine, equine, caprine, ovine, avian and rodent species.

"Lot" means a single parcel of land for which a legal description is filed of record or the boundaries of which are shown on a subdivision map or record of survey filed in the Office of the Santa Clara County Recorder.

"Owner" means a natural person over the age of eighteen (18) who owns, possesses, harbors, controls or has custody of an animal. All adults residing at the same property address shall be rebuttably presumed to be the owner of any animal owned, possessed, harbored or controlled on the property.

"Ownership" means any person keeping, harboring, controlling, having custody of or possessing one (1) or more animals for a period of not less than five (5) days.

"Person" means any individual, domestic or foreign corporation, partnership, association of any kind, trust, fraternal society or cooperative.

"Pet" means any animal kept for pleasure rather than utility.

"Pet shop" means a person or facility that obtains animals for sale, exchange, barter or hire to the general public as a principal or agent, or on consignment.

"Physical control" means any animal confined or restrained by a leash or lead by a person of size and responsibility to adequately keep control of the animal or within the real property limits of its owner.

"Premises" means any lot or parcel of land owned, leased or rented by a person.

"Private kennel," under this chapter only, means a person who maintains within or adjoining his or her private residence two (2) dogs over four (4) months of age, and/or two (2) cats over four (4) months of age, but no more than a combined total of four (4) 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 establish a refutable presumption that such animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall be subject to the permit requirements of a commercial kennel.

"Provocation" means:

(1) An act intended, or which would be reasonably understood, to harass, menace, threaten or cause serious injury to a dog;

(2) An act intended, or which would be reasonably understood, to cause bodily injury to the dog's owner, owner's family, owner's property or domestic animals, in the presence of the dog; or

(3) The entry into a private, fully enclosed area of the owner's real property by an adult with the intent of committing a crime or injuring a person.

"Public place" includes, but is not limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets and areas in front of commercial establishments.

"Quarantine" means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons.

"Sanitize" means to make physically clean, remove and destroy to a practical minimum agents injurious to health.

"Service animal" means a dog specially trained to perform tasks for an individual with a disability, directly related to the individual's disability, as defined by the Americans with Disabilities Act.

"Service provider" means any city department, contract agency or joint powers authority designated by the city manager to provide animal control services for the city.

"Severe injury" means any physical injury to a person that results in muscle tears or disfiguring lacerations, or requires sutures or corrective or cosmetic surgery.

"Slaughter" means to kill an animal for food or butcher.

"Small animals" means hares, rabbits, chickens, turkeys, geese, ducks, doves, pigeons, game birds or other fowl.

"Vaccination" means a protective inoculation against rabies with an antirabies vaccine recognized and approved by the Santa Clara County Health Department.

"Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

(Ord. No. 4.14, § 1, 4/8/14.)

No person owning or having control of any animal shall permit the 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 property owner or person in control of the property.

(Ord. No. 4.14, § 1, 4/8/14.)

It shall be unlawful for any person to take any animal into or permit any animal to enter or remain in any place of business in the city where food for human consumption is sold or offered for sale. This section will not apply to persons who have a service dog which is used for guidance or to accommodate a disability.

(Ord. No. 4.14, § 1, 4/8/14.)

An animal control officer shall not seize or impound a dog for running at large in violation of Sec. 5.50 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 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 Sec. 5.50, 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 available at the premises, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living unit or other conspicuous place on the property 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.

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 other sections of this chapter.

(Ord. No. 4.14, § 1, 4/8/14.)

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 an animal control officer or health officer with full information regarding the incident.

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

Any person who fails, refuses or neglects to quarantine any animal as ordered by the animal control officer, or who refuses to allow the animal control 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 animal control officer.

The administrator may charge a fee, as set forth in a resolution adopted by the city council, to recoup the costs of quarantining animals and inspections for quarantine of animals. Any fee charged shall be paid by the owner of the animal. This fee shall be in addition to the actual costs of the animal control officer in housing, feeding and otherwise caring for a quarantined animal.

The specimens from any animal that dies or is destroyed while under quarantine shall be submitted to the laboratory of the County Health Department for rabies examination.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) No person owning or having charge of any animal known to be infected with any disease transmittable to humans shall permit such animal to be or remain within the county other than at an approved veterinary hospital unless the health officer approves an alternative means of confinement.

(b) The animal control officer shall seize any animal he or she reasonably believes to be infected with disease transmittable to humans. The animal control officer shall keep such animal in a safe place for a period sufficient to observe, examine and determine whether it is diseased or vicious 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 destroyed.

(Ord. No. 4.14, § 1, 4/8/14.)

Upon the death of any animal, the owner shall provide for the burial, incineration or other disposition of the body of the animal. If the owner of any dead animal is unable to provide for burial or other disposition, the owner may request the animal control officer dispose of the body of the animal.

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.

The administrator will collect a fee sufficient to recover costs associated with removal and disposal of dead animals which shall be paid by the owner, if known; but no fee shall be charged to the owner of a dead dog or cat if that person is sixty-five (65) years or older. The fee shall be set by resolution of the city council, or approved by the service provider's board of directors, as applicable.

(Ord. No. 4.14, § 1, 4/8/14.)

No person shall abandon any animal in the City of Mountain View.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) No person having the control or care of any animal shall permit such animal to enter or remain on city property and/or in city-owned or city-managed buildings other than a building used for the purpose of care, detention, control or treatment of animals, or areas designated as "dog parks," "off-leash areas," "off-leash training areas" or a building used for training classes, shows or exhibitions. City property, as used in this section, does not include public sidewalks, open areas or parks that are otherwise regulated in the city code.

(b) Any permit or other authorization issued by the city for the operation of a festival or other special event within city limits may include a condition prohibiting animals within the area of the festival or special event. If such a condition is included in the permit or other authorization for the festival or special event, it shall be unlawful for any person owning or having control of any animal to allow such animal within the area of the festival or special event.

(c) This section does not apply to persons who have a service animal to accommodate a disability, or dogs used in law enforcement by a governmental agency, or persons expressly authorized by the administrator upon finding that the animal will not be disruptive to the operations of the city, or a hazard to persons or property.

(Ord. No. 4.14, § 1, 4/8/14.)

In addition to California Penal Code Sec. 596 and as amended, 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. No. 4.14, § 1, 4/8/14.)

(a) 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 person having control of the animal);

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

(3) 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 the 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;

(5) Trespass on schools or grounds;

(6) Attack other humans or animals;

(7) Damage private or public property;

(8) Repeatedly run at large;

(9) Run at large while in the stage of heat.

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

(c) A violation of this section is hereby declared to be a public nuisance.

(d) Any private person may maintain an action under California Civil Code Sec. 3493, and as may be amended, for enforcement of this section declaring certain acts a public nuisance, if such acts are specifically injurious to that person.

(Ord. No. 4.14, § 1, 4/8/14.)

Each animal control officer shall have and is hereby vested with the authority of a peace officer. Each animal control officer may, in the performance of his/her duties, enter upon any property to ascertain if any of the provisions of the chapter or any state laws relating to disease, care, treatment, impounding or cruelty to animals are being violated. Each animal control officer may make arrests for the violation of the provisions of this chapter or any state laws in the manner provided by law.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) No person shall transport or carry any animals in or on a motor vehicle on any public highway, street or roadway located within the city limits unless the animal is safely enclosed within the vehicle or otherwise safely attached or secured to 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 vehicle while the vehicle is in motion.

(b) No person shall leave any 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.

(c) An animal control officer, police officer or safety officer is authorized to use reasonable force to remove an animal from a vehicle when it appears that the animal's health, safety or welfare is or will be endangered.

(Ord. No. 4.14, § 1, 4/8/14.)

No person shall injure, torture, tease, kick, strike, mutilate, disable, kill or otherwise interfere with any police dog or horse within the jurisdictional boundaries of the city while the police dog or horse is in the custody of a police officer or is being used in the performance of official duties.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) The provisions of this section shall be in addition to, and not in lieu of, any other regulations contained in this code or in any other ordinance of the city regarding the keeping and maintenance of animals.

(b) The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary condition, and shall have the duty to supply such animal with food, water and suitable shelter. All animal enclosures and shelters shall be kept in a clean and sanitary condition, and free from all noxious odors or substances. The keeping of any animal in such a manner as to create unhealthy or unsanitary conditions is hereby prohibited and declared to be a public nuisance.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) Any animal maintained outdoors shall have adequate shade and shelter so that the animal can protect itself from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, and so the animal can remain dry during rain and stay warm during cold weather.

(b) The shelter for any animal shall be:

(1) Accessible to the animal at all times and constructed and maintained so that the animal has convenient access to food and water;

(2) Situated to prevent exposing the animal to unreasonably loud noise, or teasing, abuse or injury by another animal or person;

(3) Constructed with at least five (5) sides, including a roof and floor. The floor shall be raised off the ground; be free of cracks, depressions and rough areas where insects, vermin or eggs for internal parasites may lodge; and protect the animal's legs and feet from injury;

(4) Of adequate size inside and outside the shelter to allow the animal to stand up, sit, turn around freely or lie down in a normal position, defecate or urinate away from its confinement, and safely interact with any other animal;

(5) Adequately lighted to provide regular diurnal lighting cycles of natural or artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and care of the animal;

(6) Supplied with clean and dry bedding material or other means of protection from the weather elements to maintain the shelter at a temperature that is not harmful to the health of the animal;

(7) Cleaned and maintained in a manner designed to ensure sanitary conditions and to control for insects, ectoparasites and other pests. Carcasses, debris, food waste and excreta shall be removed from the shelter as often as necessary to minimize unreasonably obnoxious odors, allergens, pests and the risk of disease.

(8) Be constructed and maintained in good repair to protect the animal from injury.

(Ord. No. 4.14, § 1, 4/8/14.)

No person shall keep, use or maintain any animal on any premises unless the animal has access to clean and fresh water at all times. If the water is kept in a container, this container shall be designed sufficiently to prevent tipping and spilling of the water contained therein. Watering containers shall be kept clean, kept out of the sun and must be emptied and refilled with fresh water at least once a day. If the water is provided by an automatic or demand device, the water supply connected to the device must function twenty-four (24) hours a day.

(Ord. No. 4.14, § 1, 4/8/14.)

No person shall keep, use or maintain any animal on any premises unless the animal is provided sufficient food daily to maintain proper body weight and good health. The animal shall be provided food, which shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritional value to meet the normal daily requirements for the condition and size of the animal.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) All animals shall be able to stand to their full height, stretch out, turn around, lie down and make normal postural adjustments comfortably. Minimum space for dogs in pens (not including shelter space) shall be as follows:

(b) No dog shall be tethered, fastened, chained, tied or restrained to a shelter, tree, fence or any other stationary object, except in accordance with Penal Code Sec. 597 or as may be amended.

(c) If a dog is confined in compliance with Subsection (a), the owner may:

(1) Attach a dog to a running line, pulley or trolley system, except no dog may be tethered to a running line, pulley or trolley system by means of a choke collar or pinch collar;

(2) Tether, fasten, chain, tie or otherwise restrain a dog pursuant to the requirements of a camping or recreational area;

(3) Tether, fasten, chain or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period;

(4) Tether, fasten, chain or tie a dog while engaged in or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in this section shall be construed to prohibit a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity;

(5) Tether, fasten, chain or tie a dog while actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock, or directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

(Ord. No. 4.14, § 1, 4/8/14.)

All animals must be provided with adequate exercise. "Adequate exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, size and condition of the animal.

(Ord. No. 4.14, § 1, 4/8/14.)

It shall be unlawful for any person to use a chain as a collar for any animal except during training sessions under the direct supervision of the owner or handler.

(Ord. No. 4.14, § 1, 4/8/14.)

All animal holding areas shall be constructed to allow a free flow of fresh air. All animals shall have at least ten (10) hours of light per day, except as directed by hibernation, veterinarian advice or professionally accepted practices for the safety and well-being of the animal. Lighting of primary enclosures shall be designed to protect animals from excessive illumination. The duration of illumination shall be appropriate for the species involved.

(Ord. No. 4.14, § 1, 4/8/14.)

All animals shall receive veterinary treatment from a veterinarian licensed by the State of California when such treatment is necessary to alleviate the animal's suffering or prevent the transmission of disease.

(Ord. No. 4.14, § 1, 4/8/14.)

No animal shall be subjected to unnecessary suffering or cruelty. Unnecessary suffering or cruelty may be caused by deficiencies in the categories listed above. Unnecessary suffering is also caused by situations which expose an animal to prolonged fear, injury and pain, physical abuse or lack of proper sanitation. The absence of interaction with humans or other animals also causes an animal unnecessary suffering if it results in health and/or temperament problems.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) It is unlawful for any person, by any means, to slaughter any animal within the city.

(b) This section shall not apply to the act of putting to death any such animal by the discharge of firearm by a sworn peace officer or animal control officer if the animal is dangerous or is so badly injured that humanity requires its relief from further suffering and no other disposition is practical.

(c) This section shall not apply to the act of putting to death any such animal by a licensed veterinarian, pursuant to Sec. 5.60(e).

(Ord. No. 4.14, § 1, 4/8/14.)