Ontario Municipal Code Art. 2 Dogs and Cats

*Sections 6-1.200 through 6-1.217, codified from Ord. 1282, eff. January 8, 1958, as amended by Ord. 1715, eff. December 18, 1969, Ord. 1727, eff. June 18, 1970, Ord. 1831, eff. May 2, 1974, Ord. 1945, eff. June 16, 1977, Ord. 1994, eff. April 7, 1978, Ord. 2037, eff. April 19, 1979, amended in its entirety by Ord. 2523, eff. March 19, 1992.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Commercial kennel” shall mean any place, other than a private kennel, where four (4) or more dogs over four (4) months or four (4) or more cats over four (4) months of age are kept.

(b) “Enforcing Officer” shall mean the City Manager, the Police Chief, the Humane Officer, the City Health Officer, or such other person as the Council may designate.

(§ 1, Ord. 2523, eff. March 19, 1992)

(Editor's note: See § 9-1.1305 for provisions covering the keeping of cats and dogs.)

(Editor's note: See § 9-1.1305 for provisions covering the keeping of cats and dogs.)

Each dog over four (4) months of age harbored within the City shall be vaccinated with a state approved anti-rabies vaccine in accordance with state law and shall be licensed.

(§ 1, Ord. 2523, eff. March 19, 1992)

Dog licenses shall be available from the Enforcing Officer.

(§ 1, Ord. 2523, eff. March 19, 1992)

Upon receipt of the required license fee accompanied by an anti-rabies certificate and written application giving the name and address of the owner of the dog and a brief description of the dog, the Enforcing Officer or an authorized representative may issue and deliver to such person a license certifying the payment of such fee, the date the anti-rabies vaccination was administered, and setting forth the name and address of the applicant, a brief description of the dog, and the number allotted to such dog. Assistance dogs, as defined by Cal. Food & Agric. Code § 30850, must still be licensed in the procedure outlined in this section but are exempt from paying the license fee.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) Fees: General. Every person owning or harboring any dog over four (4) months of age within the City shall annually pay to the Enforcing Officer or to such nonprofit organization as the Council may designate by contract as collection agent an annual license fee as established by resolution of the City Council.

(b) Fees: New residents in the City. The owner of any dog, which owner moves into the City from another community, upon the presentation of a rabies vaccination receipt signed by a licensed veterinarian and a license receipt from another community for the current year, may be issued an Ontario license tag upon the payment of One Dollar ($1.00) to cover the cost of the tag.

(c) Penalties. A penalty may be added to each license fee for failure to pay such fee within thirty (30) days after such license fee shall fall due. The amount of the penalty shall be established by resolution of the City Council.

(§ 1, Ord. 2523, eff. March 19, 1992)

An owner of a dog, or one whose custody or possession a dog is in, must show proof upon demand by the Enforcing Officer or representative and prior to obtaining a license for such dog, that such dog has been vaccinated with a state approved anti-rabies vaccine in accordance with state law.

(§ 1, Ord. 2523, eff. March 19, 1992)

Only veterinarians licensed by the State of California, or other state, to practice veterinary medicine may immunize dogs against rabies. Upon immunization with a rabies vaccine, the veterinarian shall issue a rabies vaccination certificate to the dog owner or one whose custody or possession the dog is in, a copy of which the veterinarian must forward to the Enforcing Officer or his representative to be kept on file.

(§ 1, Ord. 2523, eff. March 19, 1992)

At the time of the issuance of a dog license, the Enforcing Officer or an authorized representative will deliver to the applicant for such license a metal tag which shall set forth the date of the expiration of the license.

(§ 1, Ord. 2523, eff. March 19, 1992)

It shall be the duty of the owner or harborer of the dog for which a tag is issued to maintain such tag on such dog.

(§ 1, Ord. 2523, eff. March 19, 1992)

It is unlawful for any person other than the Enforcing Officer, or his representative, or the owner of the dog, except in the case of an emergency, to remove from any dog a dog tag or license.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) Biting dogs: Quarantine. Whenever it is shown that any dog has bitten any person, the owner or person having the custody or possession of such dog shall, upon the order of the City Health Officer or his representative, quarantine the dog and keep it securely chained for a period of ten (10) days and shall permit the City Health Officer or his representative to make an inspection or examination of such dog at any time during such period. Quarantined dogs shall not be removed from the premises where they have been quarantined without the permission of the City Health Officer. The City Health Officer, in the interest of protecting the person bitten, may order the dog quarantined for a period of ten (10) days at the owner's expense at the City Pound or at a licensed veterinary hospital.

(b) Dogs having or suspected of having rabies. The Enforcing Officer or an authorized representative shall have the right to seize any dog within the City having or suspected of having rabies and cause the same to be examined by the City Health Officer, and it shall be the duty of the City Health Officer to examine the dog for the purpose of determining if such dog is afflicted with rabies.

(c) Release of rabies-free dogs. If it shall be determined that such dog does not have rabies, the dog shall be returned to the owner or person whose custody or control the dog is presently in.

(§ 1, Ord. 2523, eff. March 19, 1992)

No person owning or harboring any dog within the City shall permit such dog, whether licensed or not, to be upon any public street, sidewalk, lane, alley, court, or any other public place or upon any private property or premises, other than those of the person owning or having control or custody of such dog, except when such dog is held under a leash six (6) feet or less in length, by a competent person.

(§ 1, Ord. 2523, eff. March 19, 1992)

Chapter 9 of Division 14 of the Food and Agricultural Code (commencing with Cal. Food & Agric. Code § 31601) is hereby adopted as the law and procedures to be followed in the City of Ontario for potentially dangerous and vicious dogs.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) Dogs at large. It shall be the duty of the Enforcing Officer to impound any dog running loose upon a public street, sidewalk, lane, alley, court, or other public place or upon any private property or premises, other than those of the person owning or having control or custody of such dog, and the Enforcing Officer shall keep the dog impounded until claimed, destroyed, or otherwise disposed of.

(b) Release to owners; Fees. The owner, caretaker or custodian of a dog so impounded may reclaim such dog upon the payment of the required license fee, if applicable, a redemption fee, and food and care costs in an amount as established by resolution of the City Council. These fees are to be paid to the Enforcing Officer.

(c) Adoption; Disposal. Where the owner, caretaker or custodian of the dog is known, he or she will be notified by mail that his or her animal has been impounded. If the dog has not been reclaimed within ten (10) days from mailing of the notice to the owner's or custodian's last known address on file, or within three (3) days of the impoundment where no owner, caretaker, or custodian is known, the Enforcing Officer, in lieu of destroying such dog, may offer the dog for adoption. The Enforcing Officer, however, with the approval of a licensed veterinarian or humane officer of the state, may humanely destroy any impounded animal on the same day it is impounded if the animal is in great pain or discomfort due to any injury or infectious disease which may contaminate and be detrimental to the health of the other animals at the animal shelter.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) Release to owners: Fees. The owner, caretaker or custodian of a cat impounded may reclaim such cat upon the payment of a redemption fee and food and care costs in an amount as established by resolution of the City Council. These fees are to be paid to the Enforcing Officer.

(b) Adoption; Disposal. Where the owner, caretaker or custodian of the cat is known, he or she will be notified by mail that his or her animal has been impounded. If the cat has not been reclaimed within ten (10) days from mailing of the notice to the owner's or custodian's last known address on file, or within three (3) days of the impoundment where no owner, caretaker, or custodian is known, the Enforcing Officer, in lieu of destroying such cat, may offer the cat for adoption. The Enforcing Officer, however, with the approval of a licensed veterinarian or humane officer of the state, may humanely destroy any impounded animal on the same day it is impounded if the animal is in great pain or discomfort due to any injury or infectious disease which may contaminate and be detrimental to the health of the other animals at the animal shelter.

(§ 1, Ord. 2523, eff. March 19, 1992)

Secs. 6-1.217—6-1.223. Reserved.

(Editor’s note: See §§ 6-1.250 et seq. for provisions covering barking dogs and noisy animals.)

Every person engaging in the business of operating a commercial kennel, as defined § 6-1.200(a) of this article, shall obtain a license from the License Official and shall pay an annual license fee as is established by resolution of the City Council.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) A commercial kennel license may be suspended or revoked for any of the following reasons:

(1) If one or more dogs kept at the kennel are finally determined to be public nuisances, because of barking, pursuant to the provisions of this article;

(2) If the animals kept on the kennel premises are not securely maintained so as to prevent their escape;

(3) If animals kept on the kennel premises are not at all times provided with sufficient water, sufficient and proper food and protection from the elements;

(4) If the kennel premises are not at all times maintained in a clean and sanitary condition;

(5) If any animal kept on the kennel premises is subjected to cruel treatment;

(6) If the reports required by § 6-1.228 of this article are not timely filed;

(b) If the Enforcing Officer determines that grounds for suspension or revocation of a commercial kennel license may exist, the Enforcing Officer shall give written notice, by personal service or by mail, to the license holder setting forth all of the following:

(1) The name and address of the commercial kennel license holder;

(2) The violation(s) which are the grounds for the proposed suspension or revocation of the commercial kennel license;

(3) The date or dates upon which the violation(s) were observed to exist;

(4) A summary of the evidence which supports the violation(s) and the names and addresses of any witnesses known to the Enforcing Officer;

(5) The name or description of the animal if a violation involves an identifiable animal;

(6) Whether the proposed action is revocation or suspension and, if suspension the proposed length of suspension; and

(7) A notice of the date, time and place at which a hearing will be held before a hearing officer appointed by the Enforcing Officer to determine whether the proposed suspension or revocation shall be imposed. Said date shall be not less than fifteen (15) nor more than thirty (30) days after the notice provided by this section is given to the license holder.

(c) The hearing officer shall hear and determine all facts and testimony which he or she deems pertinent. Such facts and testimony may include all evidence relevant to the violations charged in the notice of intent to revoke or suspend the commercial kennel license. The hearing officer shall not be limited by the technical rules of evidence. The license holder may appear in person, by counsel, or in person and by counsel and may present such written and/or oral evidence as he or she deems appropriate. Within fifteen (15) days after the conclusion of the hearing, the hearing officer shall render his or her decision and shall give written notice of that decision, by personal service or by mail, to the license holder. That decision shall become final fifteen (15) days after the date of personal service, or mailing, unless a written notice of appeal is filed with the hearing officer, the City Council shall hear and determine the appeal pursuant to the procedures set forth in § 6-1.221 of this article.

(d) If the license holder fails to appear at the time and place set for hearing before the hearing officer, either personally, or by counsel, or by counsel and in person, then the hearing officer may consider the facts stated in the notice as being established and the proposed action as set forth in the notice shall be ordered by the hearing officer.

(e) Any hearing before a hearing officer pursuant to this section may be continued for a reasonable time at the request of the license holder or on the hearing officer's own motion.

(§ 1, Ord. 2523, eff. March 19, 1992)

Any person who operates a commercial kennel without first obtaining a commercial kennel license, or who continues to operate a commercial kennel after his or her license has been revoked or during any period of license suspension, is guilty of a misdemeanor.

(§ 1, Ord. 2523, eff. March 19, 1992)

All dogs owned by, or kept in, a commercial kennel shall be subject to the licensing provisions of this article upon such dogs attaining the age of four (4) months.

(§ 1, Ord. 2523, eff. March 19, 1992)

Upon the request of the Enforcing Officer, the sale of each dog or cat by a commercial kennel before such dog or cat has attained the age of four (4) months shall be reported by each commercial kennel operator on a form to be furnished by the City Health Officer, which form shall include the following information:

(a) The name and address of the person to whom the dog or cat is sold;

(b) A description of the dog or cat;

(c) The age of the dog or cat; and

(d) Such other pertinent data as the Health Officer may require.

(§ 1, Ord. 2523, eff. March 19, 1992)

The Council may, by contract, delegate to a nonprofit humane society the collection of license fees and the performance of any of the duties of the Enforcing Officer.

(§ 1, Ord. 2523, eff. March 19, 1992)

The keeping of pot bellied pigs as domestic pets shall be authorized on residential property in the City subject to the restrictions set forth herein.

(a) Definition: “Pot bellied pigs” shall mean a domesticated miniature Vietnamese, Chinese, or Asian pot bellied pig not exceeding 90 pounds in weight and 18 inches in height (measured at the shoulder), and characterized by a swayed back and straight tail.

(b) Pot bellied pigs shall only be permitted in RE, R1, R1.5, R2 and R3 residential zones, in conjunction with a detached single family residence.

(c) Pot bellied pigs shall be provided with a fenced yard designed to assure confinement of the animal when out of doors. Such yard areas must be kept in a clean, safe, and odor-free condition.

(d) There shall be no more than one pot bellied pig permitted per lot or parcel.

(e) Pot bellied pigs shall be licensed in the same manner as dogs, subject to the same restrictions and penalties, pursuant to the provisions of Title 6 of the Ontario Municipal Code.

(f) The breeding of pot bellied pigs shall not be permitted. All pot bellied pigs must be spayed or neutered.

(g) Prior to licensing of a pot bellied pig, veterinary certification shall be required stating 1) the pig is spayed or neutered; 2) the pig is in good health and has received all necessary vaccinations; and 3) the height and weight of the pig.

(h) All male pot bellied pigs two years of age or older shall have their tusks removed.

(i) While outside the owner's premises or property, pot bellied pigs shall be restrained by a harness and leash or other similar restraint, not longer than six (6) feet in length.

(§ 1, Ord. 2655, eff. March 19, 1998)