Chapter 10.04 — DOGS[1 ]

• (a) Securing Tags, License. Every person owning or having charge, care or control over any dog shall, after his or her dog attains the age of four months, secure from the city a license and tag for said dog. Said tag shall be attached to a collar or harness upon such dog and shall remain so attached during the term of the license.

• (b) Vaccination. Every person owning or having charge, care or control over any dog shall, immediately after his or her dog attains the age of four months and at intervals of not more than 36 months thereafter, secure the vaccination of said dog by a licensed veterinarian with a canine anti-rabies vaccine of a type approved by the State Department of Public Health. In the event that a person owning or having charge, care or control over any dog provides to the city a notice, letter or other document provided and signed by a licensed veterinarian, which contains the signing veterinarian's name, business name and DVM credentials, stating that vaccinating said dog with an anti-rabies vaccine would cause specific, serious, negative health consequences to the dog, the city manager may, upon review and evaluation of the circumstances and documentation presented, waive the requirement for rabies vaccination and authorize the licensing of said dog. In the event such license is issued, the dog owner(s) shall sign an agreement to indemnify, defend and hold harmless the city from any liability which may accrue by reason of issuance of a license for a non-rabies-vaccinated dog pursuant to this section.

• (c) Control of Pups. All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the person owning or having charge, care or control of said dogs; provided, however, that this subsection shall not be construed to prevent the sale or transportation of a puppy four months old or younger.

• (d) Evidence of Vaccination. The city clerk shall not issue a license to any person for any dog until such person has submitted either a certificate of vaccination issued by a licensed veterinarian showing that the dog has been vaccinated in accordance with the provisions of this section, or documentation, approved by the city manager, that the application of antirabies vaccination would cause specific, serious, negative health consequences to said dog.

• (Ord. 1515 N.S. § 2, 1986; Ord. 1612 N.S. § 1, 1987; Ord. 1771 N.S. § 1, 1991; Ord. 11-014 § 2, 2011)

• (a) Except in those areas designated in PGMC § 14.08.030 where dogs may run at large at times listed in that section, it is unlawful for any person owning or having charge, care or control of any dog, whether licensed and vaccinated or not, to suffer or permit any such dog to run at large on any public street, road, alley, park, square or place, or on any vacant or unenclosed lot or land within the city. A dog shall be deemed running at large unless led or restrained by a leash not exceeding six feet in length attached to the dog's collar or harness and actually held by a person or made fast to a stationary object.

• (b) Except as provided in subsection (c) of this section a violation of this section shall be an

1. Licenses authorized – See California Government Code § 38792. Running in parks – See PGMC § 14.08.030.

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City of Pacific Grove, CA § 10.04.020

PACIFIC GROVE CODE

§ 10.04.030

infraction, and may be enforced pursuant to Chapter 1.16 PGMC.

• (c) Second and subsequent violations of this section within a one-year period shall be misdemeanors, and may be enforced pursuant to Chapter 1.16 PGMC.

• (Ord. 1515 N.S. § 2, 1986; Ord. 1684 N.S. § 1, 1989; Ord. 1996 N.S. § 1, 1995; Ord. 08-006 § 22, 2008)

• (a) Every person owning or having charge, care or control over any dog of the age of four months or over shall pay a license fee as set by resolution of the council, to be paid within 30 days after the owner and the dog establish residence in the city, or within 30 days after the owner acquires ownership of a dog over four months old, or within 30 days after the dog reaches the age of four months. The license period may range from one to 36 months, but the license shall not be issued for a period greater than the period of validity of the current rabies vaccination or greater than 12 months from the date of issuance of a dog license approved by the city manager in the absence of rabies vaccination. New documentation of the potential of serious health risk to the dog is required every 12 months in order to continue to license any dog without rabies vaccination. The dog owner(s) shall, for each renewal period, sign an agreement to indemnify, defend and hold harmless the city from any liability which may accrue by reason of issuance of a license for a non-rabiesvaccinated dog pursuant to this section. In accordance with Section 30804.5 of the Food and Agricultural Code of the state of California, the council shall, by resolution, reduce by at least 50 percent the fees as to any license applied for where the applicant presents a certificate from a licensed veterinarian that the dog has been spayed or neutered. A special reduced fee may be established for cases where a licensed veterinarian has provided written certification that spaying or neutering is permanently contraindicated due to a chronic health condition or the advanced age of the dog. For a dog under the age of eight months, the city clerk may accept certification from the Monterey County S.P.C.A. or a licensed veterinarian that the owner has deposited funds for spaying or neutering and the dog may be licensed for a maximum of one year at the reduced fee.

• (b) The license fee shall be paid to the city clerk who shall issue the tag as aforesaid, having thereon a number and words, numerals, color or coding to indicate when the license expires. Each application for license shall state the age, name, sex, color, spay/neuter status, and breed of dog for which the license is requested, and the name, address, and telephone number of the owner. The license is not transferable and the license fee is not refundable.

• (c) The maximum license period shall be determined by the date the current rabies vaccination expires, up to a maximum of 36 months. A license application may be made 30 days prior to the expiration of a current license.

• (d) A penalty fee, as established by council resolution, shall be added to any license fee which is not paid within the time prescribed for payment, including any license fee subject to reduction under Section30804.5 of the Food and Agricultural Code.

• (e) Owners of service dogs shall be exempt from paying fees set out in this section; provided, that such owners shall obtain licenses as required by PGMC § 10.04.010. A "service dog" means any guide dog or signal dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds,

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City of Pacific Grove, CA

ANIMALS

§ 10.04.030

§ 10.04.090

providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Owners seeking exemption hereunder shall certify their dogs' status as service dogs on forms provided by the city clerk.

(Ord. 1515 N.S. § 2, 1986; Ord. 1612 N.S. § 4, 1987; Ord. 1771 N.S. § 2, 1991; Ord. 1792 N.S. § 1, 1991; Ord. 98-21 § 1, 1998; Ord. 11-014 § 3, 2011)

In the event any tag issued hereunder is lost, destroyed or mutilated, the owner of the dog for which it was issued may obtain a new tag for a fee as set by resolution. (Ord. 1515 N.S. § 2, 1986; Ord. 1771 N.S. § 3, 1991)

The city clerk shall notify the designated animal shelter of the county of Monterey of the issuance of each license issued pursuant to this chapter. (Ord. 1515 N.S. § 2, 1986)

The city clerk shall keep a register wherein shall be kept the name with the address of the owner to whom the tag is issued, a description of the dog, the number of the tag given and the date thereof.

(Ord. 1515 N.S. § 2, 1986)

It shall be the duty of the chief of police and such police and other personnel as he or she may designate for that purpose, to seize and impound all unlicensed dogs and all dogs found running at large within the city.

(Ord. 1515 N.S. § 2, 1986)

Currently licensed dogs, having thereon a license tag, not reclaimed or redeemed within five working days may be destroyed in some humane manner by the designated animal shelter of the city or said shelter may, after said dog is impounded for five working days, place the same with some responsible person and convey a valid title thereto. The five-working-day period shall start to run only after a notification, by first class mail, shall have been mailed by the shelter to the owner at the address given on the license application. Said mailing shall be certified, return receipt requested.

All other dogs and other animals whose owners are not identifiable may be destroyed in some humane manner by the designated animal shelter within 72 hours of delivery to said shelter.

Sick and injured animals may be disposed of in accordance with Section 597(f) of the California Penal Code.

(Ord. 1515 N.S. § 2, 1986; Ord. 1612 N.S. § 2, 1987)

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 10.04.090

§ 10.04.100

The provisions of this chapter requiring dog licenses shall not apply to:

• (a) Any dog owned by or in the charge or care of a nonresident of the city of Pacific Grove, traveling through the city exclusively for the purpose of entering the same in a dog show or dog exhibition provided said dogs are not permitted to run at large;

• (b) Any dog owned by a person moving into the city of Pacific Grove which dog has been currently licensed by any city in the county of Monterey or the county of Monterey itself during such time said person was a resident of said city or county and shall have attached to its collar or harness a tag evidencing the existing unexpired license for such dog issued by said city or county, provided such dog has been vaccinated within the previous 36 months with canine anti-rabies vaccine of a type approved by the State Department of Health.

• (Ord. 1515 N.S. § 2, 1986; Ord. 1612 N.S. § 3, 1987)

Fees and charges for impounding pursuant to this chapter shall be imposed as follows:

• (a) Fees for impoundment, boarding, unsterilized dog, breeding permits, and as otherwise provided for in this chapter, shall be as established by resolution of the council.

• (b) Initial Impoundments. In addition to boarding fees, the fees for initial impoundments are as follows:

  • (1) Licensed and Sterilized Dogs. For a currently licensed dog that has been sterilized, the reclaiming owner shall be granted a waiver from the impoundment fee for the first-time impoundment of the dog.

  • (2) Licensed Dogs, Unsterilized. For a licensed but unsterilized dog, the first-time impoundment fee and unsterilized dog fee may be waived at the request of the reclaiming owner; provided, that, prior to the release of the dog, the "delivery to veterinarian" procedure, as defined in subsection (d) of this section, is followed. An owner refusing to follow this procedure shall pay all fees before release of the dog.

  • (3) Unlicensed Dogs. Before release of an unlicensed sterilized dog, the reclaiming owner shall be required to obtain a valid city dog license and to pay all fees in full. In cases of unsterilized dogs, the reclaiming owner shall pay impoundment fees and either follow the "delivery to veterinarian" procedure defined in subsection (d) of this section or pay the unsterilized dog fee.

• (c) Second and Subsequent Impoundments. In addition to boarding fees, the fees for second and subsequent impoundments are as follows:

  • (1) Licensed and Sterilized Dogs. For a currently licensed dog that has been sterilized, the reclaiming owner shall pay the impoundment fee established for second and subsequent impoundments of sterilized dogs.

  • (2) Licensed Dogs, Unsterilized. For a licensed but unsterilized dog, the reclaiming owner shall pay impoundment fees and the unsterilized dog fees established for second and subsequent impoundment of unsterilized dogs. Provided, said fees shall

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City of Pacific Grove, CA

ANIMALS

§ 10.04.100

§ 10.04.120

be reduced by 80 percent if the owner agrees to follow the "delivery to veterinarian" procedure defined in subsection (d) of this section.

• (3) Unlicensed Dogs. Before release of an unlicensed dog, the reclaiming owner shall be required to obtain a valid city dog license. If such dog is sterilized, the reclaiming owner shall pay the impoundment fee established for second and subsequent impoundment of sterilized dogs. If such dog is not sterilized, the reclaiming owner shall pay impoundment fees and the unsterilized dog fees established for second and subsequent impoundments of unsterilized dogs; provided, said fees shall be reduced by 80 percent if the owner agrees to follow the "delivery to veterinarian" procedure defined below in subsection (d) of this section.

• (d) Delivery to Veterinarian Procedure. The owner shall volunteer the animal for sterilization, and deposit the requisite fee with a licensed veterinarian. In return, the veterinarian shall provide the owner with a receipt certifying that sterilization of the animal has been paid for and scheduled, or that health considerations preclude sterilization. Upon presentation of such receipt and certification to the holding agency, the animal shall be released to the owner.

Sterilization under this procedure shall take place no later than 10 days after release of a female of age six months or older, or a male of age eight months or older. For younger animals, sterilization shall take place within 10 days after reaching the appropriate age (six months for females, eight months for males). In the event of failure to meet the appropriate deadline, the deposit shall be forfeited and, after deducting reasonable costs, the veterinarian shall return the remainder to the city or its designee for educational purposes related to pet sterilization programs.

• (e) If the owner of an impounded dog elects to abandon the dog, the owner shall be responsible for and shall pay the city or its designee impoundment and boarding fees.

• (Ord. 1515 N.S. § 2, 1986; Ord. 1765 N.S. § 3, 1991; Ord. 1786 N.S. § 1, 1991; Ord. 1893 N.S. § 1, 1993)

• (a) It is unlawful for any person to interfere with duly authorized personnel in the performance of duties under the terms of this chapter.

• (b) It is unlawful for any person to take any animal seized or held pursuant to the terms of this chapter, without first redeeming such animal as provided by this chapter.

• (Ord. 1515 N.S. § 2, 1986)

Whenever it is shown that any dog or other animal has bitten any person, or whenever any dog or other animal has shown symptoms of rabies, or acts in such manner as to lead the Monterey County director of public health to believe that such might have rabies, the owner or person having possession of such dog or other animal shall, upon order of the director of public health, quarantine it and keep it tied up or confined for a period of 10 days, and shall allow the director of public health to make inspection or examination thereof at any time during such period, or in lieu of said confinement said owner or person having possession of such dog or other animal may have the same confined in an establishment controlled and supervised by a licensed veterinarian

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City of Pacific Grove, CA § 10.04.120

PACIFIC GROVE CODE

§ 10.04.150

for a period of not less than five days, after which said dog or other animal may be released from said veterinary establishment upon the certification of the veterinary controlling or supervising said establishment that said dog or other animal displays no symptoms whatsoever, and upon vaccination and licensing if subject to vaccination and licensing under the provisions of this code.

• (Ord. 1515 N.S. § 2, 1986)

It is unlawful to attach, tie, or chain a dog to any real property or improvement to real property or to any object whereby the dog is restrained, on or in any street, sidewalk, alley, mall, way, park, automobile parking area, or building entrance area, which is in public use or ownership or serves a business establishment which is open to and provides the public with goods or services, or which is on or in any area of a building used by or open to the public.

Any dog attached, tied or chained in violation of this section for which there is no apparent responsible person on the scene to be cited hereunder shall be deemed to be running at large for the purposes of PGMC § 10.04.020 and shall be subject to seizure and impounding thereunder. (Ord. 1515 N.S. § 2, 1986)

• (a) It is unlawful for any person having ownership, custody or control of a dog to suffer or permit the dog to deposit excrement on public property or the property of any other person.

• (b) It is unlawful for any person having ownership, custody or control of a dog to fail promptly to remove and clean up excrement deposited by the dog on public property or the property of any other person.

• (c) It is unlawful for any person having ownership, custody or control of a dog which has deposited excrement on public property or the property of any other person, to not have in his or her possession material and a container with which to clean up promptly and remove such excrement.

• (d) A violation of this section shall constitute an infraction, and may be enforced pursuant to Chapter 1.16 PGMC.

• (Ord. 1515 N.S. § 2, 1986; Ord. 08-006 § 23, 2008)

• (a) It is unlawful to habitually disturb the peace of any person by allowing unsanitary conditions in connection with the keeping, possessing or owning of a dog or dogs.

• (b) It is unlawful to own, control, possess, harbor or keep any dog which by reason of its barking, yelping or other noise created by it habitually disturbs the peace and quiet of a neighborhood. At a minimum, such habitual disturbance shall be established by evidence provided either by two residents of the affected neighborhood, such residents occupying separate dwelling units, or by one resident of the affected neighborhood and a city enforcement person.

• (c) Except as provided in subsection (d) of this section, immediately below, a violation of this section shall be an infraction, and may be enforced pursuant to Chapter 1.16 PGMC.

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City of Pacific Grove, CA

ANIMALS

§ 10.04.150

§ 10.04.180

• (d) Second and subsequent violations of either subsection (a) or (b) of this section within a one-year period shall be misdemeanors, and may be enforced pursuant to Chapter 1.16 PGMC.

• (Ord. 1515 N.S. § 2, 1986; Ord. 1889 N.S. § 1, 1993; Ord. 1996 N.S. § 2, 1995; Ord. 08-006 § 24, 2008)

It is unlawful for any person willfully to abandon any dog or other animal within the city. (Ord. 1515 N.S. § 2, 1986)

No person shall transport or carry in any public place or on any public street any dog or other domestic animal in a moving vehicle unless the dog or other domestic animal is either safely inside the passenger area of the vehicle, or enclosed or restrained within the vehicle by means of a container, cage, tether, or other device which will prevent the animal from falling from, jumping from, or being thrown from the confines of the vehicle. (Ord. 1520 N.S., 1986)

Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior or propensities, is presumed vicious:

• (a) An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefully and lawfully;

• (b) An attack which results in property damage or in an injury to a person when such a person is conducting himself or herself peacefully and lawfully;

• (c) An attack on another animal which occurs on property other than that of the owner of the attacking dog;

• (d) Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully;

• (e) A known propensity, because of temperament, conditioning or training, to attack, bite or injure human beings or domesticated animals.

For the purposes of this section, a person is "conducting himself or herself peacefully and lawfully" upon the private property of an owner or possessor of the dog when he or she is on such property in the performance of any duty imposed on such person by state or local law or by the laws of postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied.

(Ord. 1515 N.S. § 2, 1986; Ord. 1612 N.S. § 5, 1987)

A person owning or having charge of a vicious dog shall confine it within a building or secure enclosure except that it may be permitted off the premises only when securely muzzled, leashed, and under the control of a person and who is physically capable of restraining said animal.

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City of Pacific Grove, CA § 10.04.180

PACIFIC GROVE CODE

§ 10.04.190

• (Ord. 1515 N.S. § 2, 1986)

Within the city of Pacific Grove there are vicious dogs which constitute a public nuisance and which should be abated. The provisions of this section provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is intended to supplement rather than supplant any other remedy available either under state law or this code.

• (a) Any dog presumed vicious under the terms of PGMC § 10.04.170 may be investigated by the chief of police or his or her delegate. If, based on the investigation, it is concluded that there is probable cause to believe that the dog is vicious, and that there is need to abate the dog as a vicious dog, the chief shall so certify to the city manager in writing within 10 days following completion of the investigation. A copy of the certification shall be mailed to the person owning or controlling the dog.

• (b) If there is probable cause to believe that a dog is vicious, and requires abatement and the chief of police so certifies, and upon the issuance of a warrant, any police officer or other authorized employee of the city may enter upon private premises in order to seize any such vicious dog, whether running at large or not, and shall confine said dog at an appropriate animal shelter. The confinement of any vicious dog shall continue pending an administrative hearing and administrative order held pursuant to PGMC § 1.19.180 and § 1.19.190. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full, unless the person owning or controlling such dog submits an advance deposit hardship waiver pursuant to PGMC § 1.19.100.

• (c) An administrative hearing shall be held pursuant to PGMC § 1.19.180 set not later than 20 days from the date of certification of a vicious dog as provided in subsection (a) of this section. The administrative hearing officer shall be selected pursuant to PGMC § 1.19.170. The notice of the hearing shall be issued pursuant to PGMC § 1.19.170(c) to the owner or person controlling the dog. The city may mail notice to other interested persons, including but not necessarily limited to, all properties within 300 feet of the address of the owner or person controlling the vicious dog, at least five days prior to the date set for hearing.

• (d) The decision of the hearing officer shall be made within 10 days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered to the person owning or controlling the dog.

• (e) Any dog found by the administrative hearing officer to be vicious and subject to abatement is hereby deemed a public nuisance and shall be abated by appropriate order pursuant to the order of the hearing officer, including, but not limited to, muzzling, leashing, fencing, or confinement or removed from the city or humanely destroyed.

• (f) If the administrative hearing officer finds the dog is vicious and subject to abatement, the city-incurred costs of impoundment, including any abatement, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said assessment is paid. If the administrative hearing officer finds that the dog is vicious but not subject to abatement, or if the order includes the release of a dog found to be vicious to the owner or person controlling it, the

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City of Pacific Grove, CA

ANIMALS

§ 10.04.190

§ 10.04.190

dog shall not be released until such costs have been paid in full. If such costs have not been paid within 14 days after the date of mailing or delivery of the order, the city manager may dispose of the dog in any manner provided by law.

• (g) The assessment shall be due and payable within 14 days after the date of mailing or delivery of the order. If the assessment is not paid on or before said date, the total amount thereof may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city, or an action may be brought in the name of the city to recover the costs of impoundment.

• (Ord. 1515 N.S. § 2, 1986; Ord. 17-010 § 4, 2017)

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City of Pacific Grove, CA

ANIMALS

§ 10.08.010

§ 10.08.030