Oceanside Municipal Code Art. I In General

Footnotes:

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State Law reference— Cruelty to animals, Penal Code, § 597 et seq.

As used in sections 4.3 and 4.4, the term "domestic animal" shall mean any goat, cow, horse, mule, burro or other domestic animal except dogs and cats.

(a) It shall be unlawful for any person owning or having in his control or custody any horse, cow, mule, sheep, goat, hog, pig, jack or jenny to permit or allow such animal to wander unattended or run at large upon any public or private street, highway or public park within the city.

(b) The prohibition contained in subsection (a) above shall not include private driveways serving four (4) or fewer residences.

(Ord. Code, § 4331; Ord. No. 86-15, § 1.A.1, 5-28-86)

No person owning or having control or custody of any domestic animal shall confine or keep the same in any manner within thirty-five (35) feet of any building used as a dwelling other than that of the owner of such animals.

(Ord. Code, § 4313)

No person owning or having control or custody of any domestic animal shall keep the same within twenty-five (25) feet of the front street line of any lot in the city.

(Ord. Code, §§ 4311 to 4314)

No person shall keep or feed any chickens, ducks, geese, turkeys or other fowl within thirty-five (35) feet of any building used as a dwelling, other than that of the owner of such fowl, within the city; provided, that any of such fowl may be kept temporarily for the purpose of sale at any shop or place of business where the same are bought, sold or dealt in.

(Ord. Code, § 4321)

No person keeping or having hens, ducks, geese or other domestic fowl or rabbits within the city shall cause or permit them to go or be at large and to go or be upon the premises owned or occupied by any other person without such other person's consent, or so keep or have any such fowl or animals so as to be offensive or to annoy any person residing in the neighborhood where they are kept or had.

(Ord. Code, § 4322)

(a) "Exotic animal" is defined as any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, cougar, ocelot, wildcat, skunk, boa, python, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

(b) No one may maintain, display or possess any exotic animal that creates a public disturbance or is a danger to public health and safety as determined by a state humane officer.

(c) Subsection (b) of this section shall not apply to legally operated zoos or circuses unless the state humane officer shall give twenty-four (24) hours' advance notice that, by reason of inadequate caging or sanitation measures or by a particular hazard connected with the animal or animals involved, the public health and welfare will be endangered, nor shall it apply to birds, small rodents, or small nonpoisonous reptiles commonly owned as pets.

(Ord. No. 86-15, § 1.A.2, 5-28-86)

State humane officers, the chief of police, peace officers and health officers shall have the right to enter upon any privately owned property for the following purposes:

(1) To issue a warning notice or citation for violation of any provisions of this chapter;

(2) To investigate whether a dog is licensed in compliance with Division 2, Article III, of this chapter [section 4.17 et seq.]; if entry is needed to a private residence or private back yard during the course of the license investigation, permission shall be obtained from the occupant prior to entry;

(3) To seize or impound any animal as authorized by this chapter;

(4) To investigate possible rabies or other contagious animal disease, and to enforce the rabies control provisions of Division 3, Article III, of this chapter [section 4.22 et seq.];

(5) To investigate the possible violation of section 4.2 or 4.14 of this chapter relating to animals running at large;

(6) To investigate a reported "vicious dog" pursuant to Division 4, Article III of this chapter [section 4.28 et seq.] and the maintenance conditions imposed on a dog so designated pursuant to the aforesaid division;

(7) To investigate the presence and/or possible violation of section 4.6.1 of this article relating to exotic animals.

(Ord. No. 86-15, § 1.A.3, 5-28-86)

No person shall transport or carry on any public highway or public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cab or container, secured cage, cross-tether, harness or other device that will prevent the animal from falling from, being thrown from, or jumping from the motor vehicle.

(Ord. No. 86-38, § 1, 10-8-86)

No person shall leave an animal in any unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or welfare.

(Ord. No. 86-38, § 1, 10-8-86)

(a) Definitions. For purposes of this chapter, the following definitions shall apply:

Animal shelter means a public animal shelter operated by any city or any county or other public agency or an entity operating under contract with any city or county or other public agency. Animal shelter shall also include a humane society or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals.

Cat means an animal of the Felidae family of the order Carnivora.

Certificate of source means a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat.

Noncommercial breeding establishment means a person, firm, partnership, corporation or other entity that has sold, transferred or given away all or part of three (3) or fewer litters, or less than twenty (20) dogs, or less than twenty (20) cats during the preceding twelve (12) months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association.

Dog means an animal of the Canidae family of the order Carnivora.

Existing pet store means any pet store or pet store operator that displays, sells, delivers, offers for sale, barters, auctions, gives away, leases, or transfers dogs or cats in the City of Oceanside on the effective date of this section, and is in compliance with all applicable provisions of the Oceanside City Code on the effective date of this section.

Pet store means a retail establishment open to the public and engaging in the business of offering dogs or cats for retail sale.

Pet store operator means a person who owns or operates or a pet store, or both, and/ or who hires employees at a pet store to engage in the retail sale of dogs or cats.

Retail sale includes to display, offer for sale, barter, auction, give away, lease, or transfer any dog or cat.

(b) Prohibition. No pet store or pet store operator shall engage in the retail sale of dogs or cats on or after the effective date of the ordinance codified in this chapter unless: (1) the dog or cat was obtained by the pet store or pet store operator from an animal shelter; (2) the retail sale is authorized by subsection (c) of this section; or (3) one of the exemptions in subsection (d) of this section applies.

(c) Existing pet stores. An existing pet store may continue to engage in the retail sale of dogs or cats until September 1, 2015.

(d) Exemptions. This chapter does not apply to:

(1) A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, leases or otherwise transfers or disposes of dogs or cats that were born and reared on the premises of the person or establishment;

(2) A person or establishment that engages in the retail sale of dogs or cats that are obtained from a noncommercial breeding establishment.

(3) A publicly operated animal shelter;

(4) A private humane society or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered dogs or cats;

(5) A publicly operated animal shelter, humane society, or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered dogs or cats that operates out of or in connection with a pet store.

(e) Retail sale of shelter and rescue animals. Nothing in this chapter shall prevent a pet store or pet store operator from providing space and appropriate care for dogs or cats owned by an animal shelter, or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered dogs or cats and maintained at the pet store for the purpose of engaging in the retail sale of those animals.

(f) Certificate of source. A pet store operator shall post and maintain in a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source for each dog or cat offered for retail sale ensuring the dog or cat was obtained in full compliance with this chapter, and the pet store operator shall provide a copy of such certificate of source to the purchaser or transferee of any dog or cat.

(Ord. No. 15-OR0026-1, § 1, 1-21-2015)