Oceanside Municipal Code Div. 1 Generally

The provisions of this article shall not be applicable to dogs under the age of four (4) months and which are kept within enclosures and are not permitted to run at large.

(Ord. Code, § 4413; Ord. No. 65-40, § 1)

(a) It shall be unlawful for any person owning or having in his control or custody any dog, whether licensed or unlicensed, or any exotic animal (as defined in section 4.6.1), to permit or allow such dog or exotic animal to run at large on any public or private street, alley, park, square, place, or vacant or unenclosed lot or land within the city, other than those of the person having charge, custody or possession of such dog or exotic animal.

(b) A dog shall be considered "at large" for the purposes of subdivision (a) unless such dog is securely restrained by a substantial leash not exceeding six (6) feet in length and is in charge and control of a person competent to keep the animal under effective control.

(c) The prohibition contained in subsection (a) above shall not apply to any dog under the supervision of any peace officer in the discharge or attempted discharge of his or her duties.

(d) The prohibition contained in subsection (a) shall not apply to dogs under the direct and effective visual and voice control of a responsible person in a fenced dog exercise area in a city park, approved and designated for that purpose, by the city council.

1. Definition: Direct and effective visual and voice control means when a dog responds immediately to the order given to it by the person in charge of the dog when that order is given by voice or sign.

(e) The following regulations and limitations shall apply to all dog exercise areas designated by subsection (d):

1. Hours of operation: The park will be open from dawn to dusk. City will close park once a week for maintenance. The selected day of closure will be noticed on a sign posted at the park entrance. No one may enter the park when it is closed.

2. All owners and handlers must comply with Oceanside City Code, section 4.16.2 and remove and dispose of their dog's feces.

3. All dogs must be under direct and effective visual and voice control by their owners at all times to ensure the dog does not violate any other provision of law. Dogs shall not be left unattended while in the exercise area.

4. The dog must be licensed per Oceanside City Code section 4.17 and vaccinated per Oceanside City Code section 4.26.

5. The presence of the dog in the park will constitute implied consent of the person owning or controlling the dog to comply with the dog park regulations imposed and posted by the parks and recreation department.

6. The presence of the dog in the park shall constitute a waiver of liability, on behalf of the person owning or controlling the dog, to the City of Oceanside, and an agreement to protect, defend, indemnify, and hold harmless the City of Oceanside, its officials and employees for any injury or damage caused by a dog.

(Ord. Code, § 4411; Ord. No. 75-14, § 1, 6-18-75; Ord. No. 86-15, § 1.C.1, 5-26-86; Ord. No. 86-47, § 1, 12-17-86; Ord. No. 92-22, § 1, 8-26-92; Ord. No. 03-OR376-1, § 1, 6-4-03)

No person owning or having control or custody of any dog shall keep or restrain the animal by a leash, chain, strap, rope or cord, so that the animal is able to run, stray or wander onto any portion of any public sidewalk, street, alley or place in such a manner as to block, deny access, impede, interfere with or prohibit use of such sidewalk, street, alley or place to the public.

(Ord. No. 83-29, § 1, 7-27-83)

It shall be unlawful for the owner or lawful custodian of any dog, whether licensed or unlicensed to suffer, permit or allow such dog to be on any portion of the public beach of the City of Oceanside at any time whether or not the dog is led or restrained by any leash, chain, strap or cord. It is hereby declared to be the intent of this section that no dogs shall be allowed on the public beach within the area above described except dogs under the control of a law enforcement officer acting within the scope of his prescribed duties. The superintendent of parks and recreation shall cause signs giving notice of this prohibition to be erected at appropriate places upon the public beach.

(Ord. Code, § 4412; Ord. No. 69-53, § 1, 12-17-69; Ord. No. 70-14, § 1, 4-22-70)

Cross reference— Dogs on municipal pier generally, § 18.6; animals on beaches, § 19.9.

It shall be unlawful for the owner or custodian of any dog, whether licensed or unlicensed, to suffer, permit or allow such dog to be on any portion of The Strand between Breakwater Way and Wisconsin Street during the time the Coastal Safety Enhancement Zone is in effect pursuant to section 1.15.B, whether or not the dog is led or restrained by any leash, chain, strap, or cord. Signs giving notice of this prohibition may be erected in accordance with section 1.15.B. The prohibitions of this section shall not apply to guide, signal or service dogs for persons with disabilities pursuant to Civil Code sections 54.1 and 54.2, or dogs under the control of a peace officer acting within the course and scope of his or her prescribed duties.

(Ord. No. 09-OR0322-1, § 1, 5-20-09)

It shall be unlawful for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure or kill, or to interfere or meddle with any dog while such animal is being utilized by the police department or any other law enforcement agency, or any officer or employee thereof, in the performance of any function or duty of said department or agency, or of such officer or employee. Violation of this section shall be a misdemeanor offense.

(Ord. No. 81-61, § 5, 12-9-81; Ord. No. 83-32, § 1, 8-24-83)

Editor's note— Ord. No. 81-61, § 5, adopted Dec. 9, 1981, enacted provisions designated as § 4.26, which provisions were subsequently redesignated by Ord. No. 83-32, § 1, as § 4.16.1 for purposes of classification.

(a) It shall be unlawful for any person owning, keeping or having in his or her care, custody or control any dog to knowingly fail, refuse or neglect to clean up any feces of such dog immediately and dispose of it in a sanitary manner whenever such dog has defecated upon public or private property within the Oceanside city limits without the consent of the public or private owner or person in lawful possession or charge of the property.

(b) The provisions of subsection (a) shall not apply to a blind person being accompanied by a guide dog or a trained dog being utilized by a law enforcement agency, nor shall they be construed to require or authorize any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without a trespass upon private property on which the feces is located, the person having the duty pursuant to subsection (a) to clean it up shall first obtain consent to do so from the owner or person in lawful possession or charge of the property.

(Ord. No. 82-02, § 1, 1-13-82; Ord. No. 83-33, § 1, 8-24-83)

Cross reference— Similar provisions, § 13.26.