Petaluma Municipal Code Ch. 9.08 Animal Keeping and Ownership

It is permitted that any person who signs an application for a license or permit for any animal pursuant to this title

is the owner of the animal or animals described in the application. Applications shall be signed by persons

eighteen years of age or older. (Ord. 2185 NCS §2, 2004.)

No person shall keep a private or commercial kennel or cattery, as those terms are deLned in this title, as within

the city limits except in zone districts in which commercial kennels and catteries are permitted by the restrictions

and requirements of that ordinance. (Ord. 2185 NCS §2, 2004.)

The keeping of a bee colony or maintaining an apiary in the city is permitted only in accordance with the following:

A. No more than two bee colonies are permitted per household;

B. All hives must be framed and moveable;

C. All hives must be kept a safe distance away from pedestrian walkways and pedestrian traNc, and so as to not

constitute a nuisance.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

A. It is unlawful and a public nuisance for any person to keep any live hog or other swine within the city limits for

a period of time longer than twenty-four hours.

B. Notwithstanding anything to the contrary in this section, the keeping of potbellied pigs is permitted only in

accordance with the following:

1. No more than two potbellied pigs may be kept per household within the city;

2. The total combined number of potbellied pigs and dogs kept per household shall not exceed four;

3. All potbellied pigs over four months of age must be spayed or neutered, unless a licensed veterinarian

recommends in writing against such procedure because it would be detrimental to the health of the animal.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

It is unlawful for any person to keep on any premises in the city any domestic bird as deLned in Section 9.04.020,

unless such birds are kept in an enclosure. No part of such enclosure shall be within twenty-Lve feet of any

dwelling houses occupied by human beings other than the person’s own dwelling; provided, however, that a

domestic bird may be kept temporarily at a pet shop or other place of business for purposes of sale. (Ord. 2185

NCS §2, 2004.)

It is unlawful for any person to keep domestic birds on any premises, unless coops and enclosures in which such

birds are kept are maintained in a sanitary manner and are regularly cleaned at least once each week, in order to

prevent any accumulation of manure or oOal. Violation of this section constitutes a public nuisance. (Ord. 2185

NCS §2, 2004.)

permitted.

No person shall keep or have upon any premises owned, occupied or controlled by him/her within the city,

domestic birds, rodents or reptiles exceeding at any one time twenty in number. Such number shall be construed

to mean twenty in the aggregate or total of number of such animal, regardless of the particular kind or age of the

animal. No person shall keep or have upon any premises owned, occupied or controlled by him/her within the city

at any one time twelve or more rabbits. (Ord. 2185 NCS §2, 2004.)

It is unlawful for any person to maintain any animal on his premises in a manner so as to cause the accumulation

of manure, oOal or feces, which cause the attraction of Mies or vermin, or create smells which interfere with the

use and enjoyment of any neighboring properties. All yards and other enclosures in which dogs or other animals

are kept shall be maintained in a sanitary manner and regularly cleaned at least once a week to prevent the

accumulation of manure, oOal or feces. (Ord. 2185 NCS §2, 2004.)

All dog shelters, domestic fowl enclosures, pens and other animal enclosures shall comply with the location

requirements speciLed in the Petaluma zoning ordinance. (Ord. 2185 NCS §2, 2004.)

It is unlawful for any owner and/or possessor of any domestic bird or livestock to suOer or permit the same to

stray from premises and to enter or remain on public property, including any highway or street, or onto private

property whose owner or occupant has not provided permission for entrance upon his premises. The owner and/

or possessor of such animals shall be liable to the city for the salary, costs and expenses incurred by the city in

restraining, capturing or rescuing domestic birds or livestock which have strayed from the premises of the owner/

possessor thereof. (Ord. 2185 NCS §2, 2004.)

No owner and/or possessor of a dog shall suOer or permit the dog to enter upon the premises of another person

where livestock or domestic fowl are maintained without the consent of the owner or occupant of the premises.

(Ord. 2185 NCS §2, 2004.)

Any person owning and/or possessing a female unspayed dog in heat shall securely conLne the dog within an

enclosure, unless the dog is under the immediate physical restraint of its owner and/or possessor to prevent

unplanned access by male dogs or attraction of male dogs in the vicinity. (Ord. 2185 NCS §2, 2004.)

A. It is unlawful for any owner and/or possessor of any animal to suOer or permit such animal to be at large as

deLned in this section. Violations of this section are subject to citation and the animal at large is subject to

impoundment as authorized by Chapter 9.28.

B. In the case of dogs, "at large" means a dog that is not on the premises of its owner and/or possessor or the

premises of another without permission of the owner or occupant thereof, or not under physical restraint by a

person capable of controlling the dog by means of a leash not exceeding six feet in length. This deLnition shall not

apply to:

1. Guide or service dogs while performing their duties for blind, hearing impaired and physically disabled

people;

2. Dogs participating in Leld or obedience trials or animal exhibitions;

3. Dogs assisting their owner and/or possessor in legal hunting or the herding of livestock;

4. Dogs assisting a security guard or assisting a peace oNcer engaged in law enforcement duties;

5. Areas within the city speciLcally set aside and posted for the exercise of animals.

C. In the case of animals other than dogs, "at large" means an animal which is oO the premises of its owner and/

or possessor while not under the physical restraint of a person capable of controlling the animal. This deLnition

shall not apply to any animal which is on the premises of another person with the consent of the owner or

occupant thereof.

D. In the case of any animal, "at large" also means an animal which is tethered, leashed or otherwise present on

property which is not owned or controlled by the owner and/or possessor of the animal without the permission of

the owner or occupant thereof.

E. In the case of any animal, "at large" also means an animal which is tethered or leashed on any city street, or

other city property not set aside for such tethering or leashing in such a way to block a public walkway or

thoroughfare.

F. No person owning or otherwise having a cat over four months of age in his/her possession shall cause,

permit or allow such cat to be unconLned in or upon any public street, road, alley or other public or private place,

including the exterior yards of the animal owner’s property, unless such cat is spayed or neutered. An animal

control oNcer may seize and/or impound every cat found in violation of this section and shall require owners of

the cat to either spay or neuter the cat or to produce a certiLcate of sterilization signed and dated by a

veterinarian which lists the veterinarian’s name, clinic’s name, address, telephone, license number, pet name, age,

breed and adequate description of the cat. When a person is cited or an animal impounded under this section, the

owner of the cat, if known, shall be notiLed in writing and given seven calendar days to request a hearing to

determine if such sterilization should be held in abeyance.

G. Mandatory Spay/Neutering and Microchipping of All Dogs at Large. Except as provided in subsections (G)(1)

through (G)(3) of this section, all dogs over six months of age cited for being "at large" in violation of this Section

9.08.130 shall be spayed or neutered and microchipped at the owner’s expense. Written veriLcation from the

veterinarian performing the surgery and microchipping must be provided by the owner to animal services within

seven days of the procedure.

1. Dogs that have been trained in accordance with all applicable laws and regulations and that are actually

being used in accordance with applicable law: (a) by public law enforcement agencies for law enforcement

activities; (b) by any person as assistance dogs such as service dogs, guide dogs, signal dogs or social dogs; (c)

by search and rescue agencies for search and rescue activities; or (d) by any person for herding of other

animals, as livestock guardian dogs or hunting dogs.

2. Dogs certiLed by a licensed veterinarian as having a health reason for not being spayed or neutered.

3. Dogs boarded in a licensed kennel or a business that boards such animals for professional training or

resale.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

A. No person shall refuse to present any animal located on his premises for inspection by an animal control

oNcer acting within the scope of his authority under this title, any other provision of this code, the Petaluma

zoning ordinance or the laws of this state when so directed by the oNcer.

B. No person shall refuse to exhibit to an animal control oNcer acting within the scope of his authority under

this title, any other provision of this code, the Petaluma zoning ordinance or the laws of this state, any dog license

or tag, or rabies vaccination certiLcate which is in his possession when so directed by the oNcer.

C. No person shall knowingly interfere with, obstruct or hinder any animal control oNcer in the discharge of any

of the duties imposed upon such oNcer pursuant to this title, any other provision of this code, the Petaluma

zoning ordinance or the laws of this state.

D. It is unlawful for the owner and/or possessor of an animal to fail to relinquish the animal to the animal

control oNcer for impoundment when impoundment of the animal is authorized pursuant to this title or the laws

of this state.

E. Any person who apprehends or picks up a stray or apparently lost animal shall report the same to the animal

shelter within twenty-four hours and shall release such animal to the owner or to the animal shelter upon

demand. The person shall provide animal services with a complete description of the animal, its location and a

means to contact the person keeping the animal.

(Ord. 2185 NCS §2, 2004.)

A. No owner and/or possessor of a dog or other animal shall leave the animal in a motor vehicle without

adequate ventilation, or in such a manner as to expose the animal to extremes of heat and cold. The animal

control oNcer may remove and impound an animal from a vehicle if the animal’s safety appears to be in

immediate danger from heat or cold or lack of adequate ventilation.

B. No owner and/or possessor of a dog or other animal shall transport the animal on any public street or

highway in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a container,

cage, rope, chain or other device capable of preventing the animal from falling from or jumping from the vehicle.

(Ord. 2185 NCS §2, 2004.)

A dog may not be restrained for more than eight hours in a twenty-four hour period.

A. The tether or chain provided must be at least ten feet in length, with swivels at both ends, and be properly

attached to a pulley or trolley mounted on a cable which is also at least ten feet in length and mounted at least

four feet and no more than seven feet above the ground level in a manner so as not to interfere or become

entangled with objects on the property.

B. A chain or tether used to restrain the dog must, by design and placement, be unlikely to become entangled.

C. Any tethering system used shall not allow the dog or puppy to leave the property of the owner or possessor.

D. No chain or tether shall weigh more than one-eighth of the dog or puppy’s body weight.

E. Any chain or tether shall be attached to a properly Ltting Mat collar or harness worn by the dog or puppy. The

use of chain or pinch collars is prohibited.

F. The chained or tethered dog must have constant access to necessary shelter and water.

(Ord. 2185 NCS §2, 2004.)

A. No owner or person otherwise having an animal in his care, charge, control, custody or possession, except a

disabled person using an assistance dog, shall permit or allow any animal to do any of the following:

1. Defecate on any public street or other public property without immediately cleaning or removing the

excrement to a proper receptacle.

2. Defecate on any private property other than of its owner without the consent of the owner, lessee or

other person in control of the private property.

B. Any person owning or otherwise having an animal in his care, charge, control, custody or possession on any

public street or other public property shall carry a tool or device to be used for cleaning or removing animal

excrement. This tool or device shall be presented to the animal control oNcer upon demand.

(Ord. 2185 NCS §2, 2004.)

A. No person shall keep or permit to remain in any premises within the city any animal which continuously and

incessantly produces noise at any time during the day or night to the disturbance of any other person.

B. "Continuous and incessant noise" means producing noise for an aggregate period of ten minutes or more

duration during any one-hour period which disturbs the peace of another person, including barking, howling,

crying, baying, squealing or making any other noise; provided, that at the time of the complaint, no person or

persons were trespassing or threatening to trespass upon the private property of the owner or person in custody

or control of the animal, or the animal was not being teased or provoked in any manner.

C. An animal control oNcer shall investigate any reported incident regarding continuous and incessant animal

noise.

1. During that investigation, the animal control oNcer shall compose a report to be permanently retained

pursuant to adopted procedures. The report shall be signed under penalty of perjury by the animal control

oNcer.

2. The animal control oNcer shall append to the report the statements of witnesses, victims and the animal

owner. These statements shall also be signed under penalty of perjury.

3. The animal control oNcer shall require witnesses, victims and the animal owner(s) to maintain a bark/

noise log. The bark/noise log shall list times and durations of barking/noise and shall be signed under penalty

of perjury.

D. A rebuttable presumption that an animal has continuously and incessantly produced noise constituting a

public nuisance shall be deemed to exist when either of the following occurs:

1. At least two individuals, from separate residences, sign a declaration under penalty of perjury witnessing

to facts indicating a violation of this section; or

2. Any law enforcement oNcer or animal control oNcer personally witnesses a violation of this section.

E. Such noise constitutes a public nuisance and each day that the animal is suOered or permitted to continue

the aforedescribed noise constitutes a separate oOense.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

No person shall publicly sell, oOer for sale, barter, give away or display for sale any animal within the city limits,

except as follows: This section shall not be construed to prohibit the sale/adoption of any dog, cat or any other

animal by pet stores engaged in the business of selling them; nor shall this section be construed to prohibit the

sale or gift of a pet, or its oOspring, by the owner or family of the owner, from or on private agricultural or residential property; nor shall this section prohibit such display or sale from or on the premises of an animal

shelter or other animal organization. (Ord. 2185 NCS §2, 2004.)

No person that owns or has possession or control of any animal which is aOected by any disease that is

contagious and/or infectious to either animals or humans, shall allow the animal outside an enclosure or place

where it can come into contact with other animals of like kind or humans that could become infected. (Ord. 2185

NCS §2, 2004.)

A. It is unlawful to feed wildlife or leave food accessible to wildlife within any city park.

B. Wildlife is deLned to include any feral animal, including but not limited to, ducks, geese, raccoons, squirrels,

skunks, and/or deer.

(Ord. 2185 NCS §2, 2004.)