Chapter 6.12 — RUNNING AT LARGE—NUISANCES

It is unlawful for any person owning, or having possession, charge, custody or control of any animal, except cats which are not in heat or season, to cause, permit or allow such animal to stray, run, or in any manner be at large upon any public land, or any public place; provided, however, a cat at large should wear, at all times, a tag with the name, address and telephone number of its owner. The term "at large" as defined in Section 6.04.110 shall not be deemed to apply where the following circumstances are present:

A.

Where a dog is being shown or participating in a dog show for which a permit has been granted by appropriate town authority, and while such dog is being shown and participating under the control of the owner or custodian of such dog;

B.

Where in an area that has been set aside and designated as a dog exercise area in the town by the town council, and a dog is being run or exercised in such area under the control of the owner or custodian.

(Ord. 334, § 1, 1999: Ord. 123, § 1(part), 1984: Ord. 57, § 4(A), 1982)

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 a dog may be taken off its premises:

When the dog is under the care of a person physically capable of controlling and restraining the dog with a chain or leash not exceeding six feet in length.

When the dog is enclosed inside a vehicle or within the rear bed of a truck in a manner that physically prevents the dog from moving beyond the body of the vehicle or truck.

B.

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

C.

Notwithstanding any other provision of this code, every violation of any of the provisions of this section shall be punishable as an infraction with a fine up to $500.00.

(Ord. No. 443, § 1, 1-10-2006: Ord. 123, § 1(part), 1984)

No owner or person having the possession, custody or control of a dog within the town shall allow or permit such dog to commit a nuisance upon any public or any private property; provided, that this shall not apply to street gutters outside of pedestrian ways, it being the intent of this section that it shall be the duty of all persons having control of a dog to curb such dog when necessary.

(Ord. 57, § 4(B), 1982)

Without limitation as to the general provisions of Section 6.12.020, the following specific acts and conditions committed by a dog are hereby declared to be unlawful and to constitute a public nuisance, and the owner of a dog committing any of the following shall be subject to the penalties provided by Section 6.12.040:

A.

Being in or upon any public building or public or private school grounds, except when authorized by appropriate officials, and excepting further, "Seeing Eye" dogs while guiding, in attendance with, or waiting for a blind person;

B.

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

C.

A female dog in breedable condition being within the town, except when confined in or upon the premises of its owner;

D.

Damaging or destroying any property or thing of value;

E.

Creating a noise in a neighborhood by howling, barking or making unusual sounds that disturb two or more persons residing in different residences during three separate days within a seven day period;

F.

Leaving excretion on any property other than the property of its owner.

(Ord. 339, §§ 1, 2, 2000)

Notwithstanding Section 6.32.040, any person violating any provision of Section 6.12.030 shall be guilty of an infraction and shall be punished in accordance with the fines set forth in Government Code 36900.

(Ord. 339, §§ 1, 3, 2000)

It is unlawful for the owner or person having custody of any dog to fail to immediately remove and dispose of in a sanitary manner, by placing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by such dog upon public or private property, without the consent of the public or private owner or person in lawful possession of the property, other than property owned or controlled by the owner or person having custody of such dog. The provisions of this section shall not apply to a blind person being

accompanied by a guide dog. Notwithstanding any other provision of this section, violation shall be an infraction.

(Ord. 123 § 1(part), 1984)

Editor's note— Ord. No. 484, § 1, adopted July 15, 2008, repealed § 6.12.060, which pertained to vicious animals on private premises.

In the event it is necessary for the director of animal control services to cause the impoundment of any large quadruped domestic animal or any other animal as defined in this title, there shall be collected from the owner of such animal in addition to all other fees, a capture fee which shall be the actual cost of the capture including but not limited to, the salaries of the town personnel.

(Ord. 123 § 1(part), 1984)

A.

When the director of animal control, under the provisions of this title, has impounded any animal for at least seventy-two hours and the animal has not been redeemed, the director of animal control shall be free to dispose of such animal. If, in the opinion of the director of animal control, the value of the animal will exceed the expense of keeping it, he shall advertise in the official newspaper that such animal is for sale. If the animal is not redeemed prior to the sale, the animal shall be sold for cash to the highest bidder.

B.

The director of animal control services may not transfer title to any animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical, or biologic science, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs.

C.

When any animal is impounded, the owner or any person interested therein may redeem the animal upon paying to the director of animal control services a fee as determined and set by resolution of the town council, together with a further sum that is equal to the actual cost per day for the keep of such animal for each day such animal is impounded. If the animal has been offered for sale through public advertising, the owner or the person redeeming such animal shall pay the advertising costs in addition to the redemption fees set forth in this title. The director of animal control shall transmit such fees to the finance director.

(Ord. 127 § 1(part), 1984: Ord. 123 § 1(part), 1984)

It is declared a nuisance and no person shall suffer or permit any permitted birds and/or fowl, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the town. Fowl may only be kept in locations and in a manner specifically permitted by provisions of the zoning and land use regulations established within this code.

(Ord. 216 § 7, 1992: Ord. 123 § 1(part), 1984)

It is unlawful for any person, firm, association, corporation or entity to own, possess or harbor any animal other than a dog including fowl which howls, barks, meows, squawks or makes other sounds during the day or night at frequent and/or extended periods of time so as to be a nuisance to one or more persons occupying a house or houses in any immediate neighborhood thereby preventing such person or persons from the comfortable enjoyment of their homes.

(Ord. 123 § 1(part), 1984)