Nevada City Municipal Code Ch. 6.16 Dogs

A. It is unlawful for any person to own or keep any dog in the city over the age of four (4) months for a longer period than thirty (30) days after it has attained the age of four (4) months, and in the case of a dog that is brought into the city that is over four (4) months of age, for a longer period than thirty (30) days after it is brought into the city, without having obtained a license therefor, as provided in this chapter; except, that in the case where a dog brought into the city bears an unexpired license issued by any other jurisdiction, the owner shall apply for a replacement tag pursuant to Section 6.16.030.

B. Any dog over the age of four (4) months unlicensed and unvaccinated as provided in this chapter, or found to be running at large, whether licensed or not, shall be impounded in the city animal shelter, subject to sale, retention, disposition or release as provided in this title.

(Ord. 92-10 § 2 (part), 1992)

A. The license period shall be from July 1st to June 30th and shall be for a period of two (2) years. All licenses issued for dogs during the license period shall expire on the June 30th of the second year following the date of issuance.

B. Fees for licenses required by this chapter shall be fixed and determined by council resolution. Any owner failing to obtain a dog license shall be subject to an additional late fee as prescribed by council resolution. The license fee for a dog certified to be spayed or neutered shall be fifty (50) percent of the fee for an unaltered dog.

(Ord. 92-10 § 2 (part), 1992)

A. Application for dog licenses shall be made at either city hall or such other office or location as is designated by the director of animal control or by contract. A license tag shall be issued and delivered to an applicant upon receipt of payment of the required fee.

B. Every person applying for a dog license must exhibit a certificate issued by a person licensed by the state to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued, either:

1. Has been vaccinated for rabies; or

2. Should not be so vaccinated by reason of age, infirmity or other disability.

Such exemption shall be valid for a period not to exceed one (1) year. A license for any dog shall not be issued unless and until either such certificate is exhibited.

(Ord. 92-10 § 2 (part), 1992)

A. Where ownership of a duly licensed dog is transferred, the transferring owner shall cause such license to be transferred to the new owner by making application therefor in the same manner as required by Section 6.16.030 when applying for a new license, and paying the transfer fee fixed by resolution of the city council.

B. A transferring owner who fails to comply with this section shall be presumed to still be the owner of such dog and subject to all the provisions of this chapter applicable to owners of dogs. (Ord. 92-10 § 2 (part), 1992)

The dog license, issued pursuant to this chapter, shall set forth a description of the dog to be licensed, the year in which issued, the date of rabies vaccination, the veterinarian's certificate number or the serum number, the sex of the dog, the number of the license, and a statement showing the amount of the fee and that it has been paid, and the name and address of the owner.

(Ord. 92-10 § 2 (part), 1992)

It is unlawful for any person required to have a license pursuant to this chapter to fail, refuse or neglect to exhibit it, upon request, to the director of animal control or other authorized person. (Ord. 92-10 § 2 (part), 1992)

The owner of a licensed dog shall cause the license tag issued for such dog to be affixed by a permanent metal fastening to the collar or harness on the dog in such a way that the tag may be easily seen by the director of animal control or other authorized person. It shall be the duty of the owner of a licensed dog to cause the dog collar or harness on which the license tag is attached to be worn by such dog at all times. Any dog not wearing a license tag as provided in this section shall be impounded in the city animal shelter subject to retention, sale or disposition as provided in this chapter.

(Ord. 92-10 § 2 (part), 1992)

It is unlawful for any person either to imitate or counterfeit the license tags provided for in this chapter or knowingly to use any imitation or counterfeit of such tags.

(Ord. 92-10 § 2 (part), 1992)

In the event that a current license tag is lost, the owner shall promptly apply for the issuance of a replacement tag. At the time of applying for the replacement tag, the owner shall surrender the license pertaining thereto and shall pay a fee as prescribed by city council resolution.

(Ord. 92-10 § 2 (part), 1992)

A. The amount of any license tax or penalty imposed by this chapter shall be deemed a debt to the city.

B. Any person owning, having or keeping any dog in this city without having obtained a license to do so shall be liable to an action in the name of this city in any court of competent jurisdiction for the amount of any license tax imposed by and required by this city to be paid for the privilege of keeping and having such dog.

C. It shall be the duty of the director of animal control to cause a complaint to be filed against any person violating any of the provisions of this chapter and to cause an action to be brought against any person failing to pay any license tax required by the provisions of this article for the recovery of such tax.

D. Such action shall be cumulative and shall not be deemed as a bar to or a waiver of the right of this city to prosecute any person for a violation of this chapter.

(Ord. 92-10 § 2 (part), 1992)

A. Every person owning or having charge, care, custody or control of any dog shall keep such dog exclusively upon its own premises; provided, however, that such dog may be off such premises if it is under the control of a competent person and restrained by a substantial chain or leash not exceeding six (6) feet in length.

B. It is unlawful for any person to leave an unattended dog tethered upon or along a public right-of-way.

C. It is unlawful for the owner or any person having control of any dog to allow or permit such dogs, except "seeing eye" dogs and canine companions (assisting persons with disabilities), under any circumstances, to be present on public property in that portion of the historical district of the city of Nevada City which lies north of Deer Creek during the Nevada City bicycle races traditionally held in June.

Notwithstanding any other provision of this code, every violation of any of the provisions of this section or Section 6.12.010 shall be punishable as an infraction and shall be punished by a fine as established by Government Code Section 36900 then in effect.

(Ord. 98-03 § 1, 1998; Ord. 92-10 § 2 (part), 1992)

The following specific acts and conditions committed by a dog are unlawful and constitute a public nuisance, and any person or owner keeping, maintaining or harboring any dog committing any of the following shall be subject to the penalties provided by this chapter:

A. Being in or upon any public building, park, playground or recreational area, public or private, school grounds, excepting:

1. Dogs in Pioneer Park, off or on leash, as expressly authorized by the city council or, pending such designation, as expressly authorized in Pioneer Park by subsection B of section 6.12.010.

2. Dogs on leash in public buildings as authorized by a police officer or the city official apparently in charge of such place, such as the receptionist allowing dogs in the lobby of City Hall accompanying people on city business;

3. "Seeing eye dogs" or other "service dogs" while guiding, attending or waiting for the person they are assisting; and

4. Dogs on leash in other public areas, including City trails, streets, sidewalks, and parking lots, the Boardwalk, Calanan Park, and Robinson Plaza, that do not interfere with use of such areas by the public for their intended purpose;

B. Annoying, harassing, nipping, mauling or biting any person or persons;

C. A female dog in breedable condition being within the city, except when confined in or upon the premises of its owner in such a manner as not to be accessible to male dogs;

D. Damaging or destroying any property or thing of value;

E. Disturbing the peace and quiet of one (1) or more persons in the immediate neighborhood by loud barking or making unusual noises. "Loud barking" means barking, howling, or baying by day or night at frequent and/or extended periods of time so as to be a nuisance to one (1) or more persons occupying a house or houses in an immediate neighborhood and preventing such person or persons from the comfortable enjoyment of their homes. "Loud barking" does not mean barking whenever a dog is in the act of protecting against or resisting trespassers upon its premises. The burden of proof of such an act of protection or resistance to trespassers by a dog is upon the person owning, harboring, controlling, maintaining, possessing, or having charge of the dog;

F. Excreting on public or private property other than the property of the owner unless the owner or custodian of the dog promptly removes and disposes of the same. This provision shall not apply to a guide dog accompanying a person with a disability.

(Ord. 92-10 § 2 (part), 1992; Ord. No. 2014-05, §§ III, IV, 12-10-2014; Ord. No. 2015-04, § I, 2-11-2015)

A. If any dog within the city is known to be diseased, vicious or dangerous to the safety of any person or animal, and the owner or person having the charge, custody, or control of such dog shall allow such dog to run at large after being notified in writing by the health officer or the director of animal control or his or her designee, to keep such dog within a secure enclosure unless such dog is adequately muzzled, such owner or person having the control of such dog shall be guilty of a misdemeanor.

B. If, upon the trial of any such person, the court shall determine such dog is vicious or dangerous to persons or other animals, the court may order that this dog be muzzled, or that this dog be kept within a sufficient enclosure, or that such dog be delivered to the director of animal control or designee to be destroyed.

(Ord. 92-10 § 2 (part), 1992)

Any person capturing a stray dog shall promptly deliver it to the director of animal control or promptly notify the director of animal control of the capture and thereafter release the dog to the director of animal control on demand.

(Ord. 92-10 § 2 (part), 1992)