Rohnert Park Municipal Code Ch. 6.04 Animal Regulation

A. All animal control officers shall enforce all of the provisions of this Title of the Municipal Code and all state laws relating to the care, control and treatment of animals.

B. If an animal control officer has reasonable cause to believe that any person has violated any of the provisions of this Title, or any state laws which the animal control officer is authorized to enforce, relating to the care, control and treatment of animals, the animal control officer may apply the penalty provisions set forth in Chapter 1.16 of this Municipal Code.

C. The animal control officer may seize, impound and humanely euthanize any animal when authorized to do so by this Municipal Code or by the laws of this state relating to the care, control and treatment of animals.

D. When the breed of an unspayed or unneutered dog is at issue, the animal control officer shall determine whether such dog is a pit bull. If the owner of the dog wishes to appeal the animal control officer's determination that the dog is a pit bull, he or she may, within ten calendar days of the determination, request a hearing before the hearing officer. The hearing shall be held in accordance with Chapter 6.10 of this Title. The decision of the hearing officer shall be final.

E. The animal control officer shall investigate any reported incident regarding a potentially dangerous or dangerous animal. If the animal control officer determines that the animal should be deemed potentially dangerous or dangerous, the animal control officer may seize and impound the animal to protect the health, safety, and general welfare of the public. In addition, the animal control officer shall compose a written report to be submitted to the patrol sergeant on duty at that time. The report shall set forth the facts and reasons why the animal should be deemed potentially dangerous or dangerous. If the patrol sergeant concurs with the animal control officer's determination, the animal control officer shall serve a "Notice of Conditions Imposed and Right to Request Hearing" upon the owner of the animal.

(Ord. 752 § 2, 2006: Ord. 738 § 1 (part), 2005)

No person shall fail or refuse to comply with any lawful order of an animal control officer under this title to present an animal for inspection.

(Ord. 738 § 1 (part), 2005)

No owner, guardian or person otherwise having an animal in her or his care, charge, control, custody or possession shall permit or allow the existence of a public nuisance, including, but not limited to, the following:

A. To permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by running at large, chasing vehicles, molesting passersby, or continual barking, howling, screeching or otherwise making excessive noises;

B. To permit such animal to damage property, enter on public property, or trespass on private property;

C. To permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property;

D. To keep or maintain any animal in violation of the zoning code of the city.

(Ord. 752 § 3, 2006; Ord. 738 § 1 (part), 2005)

Whenever an animal control officer has reasonable cause to believe that a public nuisance exists, he or she may conduct an investigation of the alleged nuisance. In addition, whenever an animal control officer receives three or more complaints or affirmations in writing from persons having separate residences in the same neighborhood or from persons employed regularly in the same neighborhood, that any animal is a public nuisance as that term is used in this Municipal Code, the animal control officer may investigate to determine if a public nuisance exists. If the animal control officer determines that a public nuisance exists, the nuisance shall be abated in accordance with Chapter 1.24 of the Rohnert Park Municipal Code.

Notwithstanding any of the preceding, no animal that is part of an agricultural operation pursuant to California Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this Title and state law.

(Ord. 752 § 4, 2006: Ord. 738 § 1 (part), 2005)

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 that 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 officer upon demand.

(Ord. 738 § 1 (part), 2005)

A. Potentially Dangerous Determinations. If an animal is deemed potentially dangerous by the patrol sergeant in accordance with Section 6.04.010, subsection (E), the animal control officer may immediately impose reasonable conditions upon the owner of the animal to protect the health, safety, and general welfare of the public. If the patrol sergeant does not concur with the animal control officer's determination that the animal should be deemed potentially dangerous, the animal, if previously seized and/or impounded, shall be released to its owner. During the duration of any appeal of the patrol sergeant's determination, the owner of the animal must comply with any or all of the conditions set forth below. Such conditions may include, but are not limited to, the following:

1. Registration. The owner must register the animal as "potentially dangerous" or "dangerous," whichever is applicable, with the city's license, permits and fees center. The registration shall be maintained with the licensing files for the animal.

2. Confinement.

(i) The owner must securely confine the animal while on its premises to ensure that the animal cannot escape or come in contact with other people. If the animal is removed from the premises for any reason, the animal must be securely muzzled and restrained by a leash, under the control of a responsible person who is physically capable of restraining the animal.

(ii) If the animal is released to its owner pursuant to subsection (B) of this section, the owner must securely confine the animal in an enclosed structure like a kennel or other similar enclosure. Such animals may not be kept on premises where minor children are present.

3. Microchipping. The owner must have the animal microchipped at the city's animal shelter. The cost of such procedure shall be borne by the owner of the animal.

4. Sterilization. The owner must have the animal sterilized at a licensed veterinarian. The cost of such procedure shall be borne by the owner of the animal.

5. Training. The owner must enroll the animal in a training and/or obedience course approved by the shelter supervisor. The cost of enrollment shall be borne by the owner of the animal.

6. Inspection. The owner must consent to the entry upon his or her premises by the animal control officer to inspect the animal and/or premises to ensure compliance with this section.

7. Costs of hearing. The owner must reimburse the city for any costs incurred for conducting a hearing to determine whether the animal is potentially dangerous or dangerous. The owner shall not be held responsible for costs exceeding two hundred dollars.

8. Other. The animal control officer may impose additional reasonable conditions he or she deems necessary to protect the health, safety, and general welfare of the public.

B. Dangerous Determinations. If an animal is deemed dangerous in accordance with Section 6.04.010, subsection (E), the owner of the animal must immediately surrender the animal to the animal control officer, who shall subsequently transfer custody of the animal to the shelter supervisor. If the patrol sergeant does not concur with the animal control officer's determination that the animal should be deemed dangerous, the patrol sergeant may deem the animal potentially dangerous, in which case the animal control officer may act in accordance with subsection (E) of Section 6.04.010 and subsection (A) of this section. During the duration of any appeal of the patrol sergeant's determination that an animal should be deemed dangerous, the animal shall remain in the custody of the shelter supervisor. If, after a hearing is conducted pursuant to Chapter 6.10 of this Title, it is found that release of the animal to its owner would create a significant threat to the health, safety, or general welfare of the public, the shelter supervisor may humanely euthanize the animal pursuant to Section 6.08.210, subsection (C). If, after a hearing is conducted pursuant to Chapter 6.10 of this Title, it is found that the animal should not be destroyed, the shelter supervisor may release the animal to its owner. In such circumstances, the owner must comply with all of the conditions set forth above in subsection (A), including any additional reasonable conditions imposed by the animal control officer if he or she deems such conditions necessary to protect the health, safety, and general welfare of the public.

C. Appeal. If the owner of an animal determined to be potentially dangerous or dangerous wishes to appeal the patrol sergeant's determination, the owner may request a hearing before the hearing officer within ten calendar days of the determination. Once the request for an appeal is made, the hearing officer shall obtain a copy of the report written pursuant to Section 6.04.010, subsection (E). The hearing shall be held in accordance with Chapter 6.10 of this Title.

(Ord. 752 § 5, 2006)

Any person who owns or has in his or her custody or control any animal known by that person to be potentially dangerous or dangerous to the safety of any person or other animal, or that has been deemed potentially dangerous or dangerous in accordance with Section 6.04.010, subsection (E), shall comply with any and all conditions imposed pursuant to Section 6.04.120 of this chapter. Failure to do so shall constitute a misdemeanor unless the citing officer is able to make one of the findings contained in Section 1.16.010, subsections (B)(1) through (4) of this code and elects to issue a citation for an infraction.

(Ord. 752 § 6, 2006: Ord. 738 § 1 (part), 2005)

No person shall keep or have upon any premises owned, occupied, or controlled by him or her within the city more than three dogs or four cats without a hobby or commercial kennel license.

(Ord. 738 § 1 (part), 2005)

No person owning or otherwise having a cat over four months of age in his or her care, charge, control, custody or possession shall cause, permit or allow such cat to be unconfined 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 officer may seize or impound every cat found in violation of this section and shall require the owners or guardians of the cat to either spay or neuter the cat within fifteen days of such violation or produce a certificate of sterilization proving that the cat is already altered. Failure to comply will result in a citation.

When a person is cited or an animal is impounded under this section, the owner of the cat, if known, shall be notified in writing and given seven calendar days to request a hearing held in accordance with Chapter 6.10 of this Title to determine if such sterilization should be held in abeyance. The decision of the shelter supervisor shall be final.

(Ord. 752 § 7, 2006: Ord. 738 § I (part), 2005)

A. No person may own or keep any pit bull within the city limits that the person knew or should have known has not been spayed or neutered. The following exceptions apply:

1. The pit bull is under four months of age;

2. The pit bull cannot be spayed or neutered without a high likelihood of suffering serious physical injury or death due to a medical condition that has been certified by a licensed veterinarian. Evidence of the pit bull's medical condition must be submitted to the animal control officer, if requested, within thirty calendar days of the request;

3. The pit bull has been present in the city of Rohnert Park for less than thirty days;

4. The determination of whether the breed is a pit bull is under appeal pursuant to Chapter 6.10;

5. The pit bull is a show dog. Evidence that the pit bull is a show dog must be submitted to the animal control officer within thirty calendar days of the operative date of this chapter, or within thirty calendar days of taking possession of the unspayed or unneutered pit bull, and shall include, but is not limited to, the following:

(i) Proof of registration with the American Kennel Club, United Kingdom Kennel Club, and/or American Dog Breeders Association, and

(ii) Documentation certifying that the pit bull has been or is being trained for the purpose of show, field trials, or agility trials.

6. The pit bull has been trained and is being used as a service dog and/or an assistance dog. Evidence that the pit bull has been trained and is being used as a service dog and/or an assistance dog must be submitted to the animal control officer within thirty calendar days of the operative date of this chapter, or within thirty calendar days of taking possession of the unspayed or unneutered pit bull.

B. Penalties. In addition to the penalties set forth in Chapter 1 .16 of this Municipal Code, failure to comply with subsection (A) above may result in the impoundment of the pit bull. In order for the owner of the pit bull to reclaim the pit bull from the shelter, in addition to paying the requisite fees set forth in Section 6.08.150 of this chapter, one of the following must occur:

1. A veterinarian, chosen by the shelter, must spay or neuter the pit bull. The owner of the pit bull shall pay the cost of such sterilization and reclaim the pit bull from the veterinarian after the sterilization procedure is completed; or

2. A veterinarian, chosen by the owner of the pit bull, must spay or neuter the pit bull. The veterinarian must practice within ten miles of the city of Rohnert Park's animal shelter. The shelter supervisor may release the pit bull either to the owner or directly to the veterinarian prior to the sterilization, provided, however, that if the shelter supervisor releases the pit bull to the owner, the owner must sign an affidavit affirming that he or she will arrange for the pit bull to be spayed or neutered within five days of the pit bull's release. Upon completion of the sterilization procedure, the owner shall provide written documentation to the shelter officer verifying that such procedure occurred. If the shelter supervisor does not receive such documentation within thirty days of the pit bull's release, or if the owner of the pit bull fails to have the pit bull spayed or neutered within five days of the pit bull's release, the shelter supervisor shall have the authority to impound the pit bull a second time, and the owner may be charged with a second violation of this section.

(Ord. 752 § 8, 2006)

No person shall stable, keep, pasture or maintain livestock within the limits of the city, unless expressly allowed to do so by the zoning code. No person owning any interest in any lot or parcel of real property within the limits of the city shall permit livestock to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning code. This section shall not apply to any circus, carnival or show otherwise permitted to operate temporarily within the limits of the city.

(Ord. 738 § 1 (part), 2005)

No person shall keep on any premises owned, occupied or controlled by him or her any birds, rabbits, rodents or reptiles unless such animals are kept in an enclosure sufficient in all respects to confine such animal within such enclosure and no part of such enclosure shall be situated within twenty-five feet of any dwelling built for occupation by or occupied by human beings, except such dwelling as may be owned or occupied by the person owning or having control of such animal. Notwithstanding the provisions in this section, no person shall overcrowd in any crate, hutch, box or other receptacle, any birds, rabbits, rodents or reptiles or fail to provide proper food, water, shelter or sanitation for the same.

(Ord. 738 § 1 (part), 2005)

The term "pigeons," as used in this chapter, includes all pigeons, whether domestic or wild and expressly including "homing" or "racing" pigeons. No person shall keep any pigeons inside the city limits unless a permit has first been obtained from the city except for persons keeping less than three pigeons solely as pets.

(Ord. 738 § 1 (part), 2005)

No person owning or having the custody or control of any domestic bird, rabbit, rodent and/or reptile shall permit such animal to run at large. The animal control officer may seize and impound any such animal found in violation of this section and such impoundment shall be pursuant to this Title.

(Ord. 738 § 1 (part), 2005)

No person shall keep or have upon any premises owned, occupied, or controlled by him or her within the city, birds, rabbits, rodents or reptiles exceeding at any one time twelve in number, without a hobby kennel permit. Such number shall be construed to mean twelve in the aggregate or total number of such animal, regardless of the particular kind or age of such animal.

(Ord. 738 § 1 (part), 2005)

No person or organization shall sell, display, offer for sale, barter, or give away any animal as a prize. Transfers of ownership or guardianship of animals by sale or gift are prohibited except when undertaken by a person licensed to operate a commercial kennel, hobby kennel, or pet shop, or as part of an agricultural operation, commercial hatchery, or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter, or gift occurs on the owner's or recipient's premises or on the premises where the animal is boarded or kept.

This section shall not be construed to prohibit the adoption or display of animals for adoption from an animal shelter or other animal welfare organization nor the sale or gift of a pet, or its offspring, by its owner or guardian, or by the family or individual owning the same as a family pet, which transfer occurs upon the property of such person.

(Ord. 738 § 1 (part), 2005)

A. An animal shall not be confined in a vehicle unless there is adequate ventilation and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a vehicle in a manner that threatens its health, any animal control officer or any peace officer may enter the vehicle by whatever force is reasonably necessary to release the animal without liability upon the city or any person for resulting damage.

B. Any animal that has been confined in a vehicle in violation of this section may be impounded pending a hearing to determine if the animal shall be returned to its owner. In the event of any such impoundment, the owner or keeper of the animal shall be liable for all costs and expenses of impounding or keeping the animal.

C. Section 23117 of the Vehicle Code of the State of California is hereby incorporated into this ordinance.

D. Any animal control officer or peace officer may remove an animal that is not properly tethered in accordance with subsection (C) above without liability upon the city or any person for resulting damage. The driver of the vehicle may be cited for violation of such duty.

E. With the exception of RVs or motor homes that are adequate and serve as the residence of the owner, animals may not be housed in vehicles.

(Ord. 738 § 1 (part), 2005)

No owner/guardian or other person in control of any animal shall cause or permit such animal to be without proper care and attention.

(Ord. 738 § 1 (part), 2005)

A dog may not be restrained for more than ten 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 so as not to interfere or become entangled with the animal or objects on the property.

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

C. No chain or tether shall weigh more than one-eighth of the dog's body weight.

D. Any chain or tether shall be attached to a properly fitting flat collar or harness worn by the dog. The use of choke chains or pinch collars is prohibited.

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

(Ord. 738 § 1 (part), 2005)

A. The owner or other person in custody or control of any animal that bites a human being shall immediately notify the department of public safety of such bite, giving the name and address of the person bitten, if known to him/her, and shall obey any quarantine instructions given by the department of public safety and/or health officer. The animal control officer may, in his or her discretion, order the animal quarantined at the shelter, at a veterinarian's office, or at the owner/guardian's residence and may impose such reasonable conditions thereon as may be required.

B. The owner or other person in custody or control of any animal that bites or otherwise causes physical injury to another animal shall, if requested by the owner or handler of the injured animal, provide to the owner or handler of the injured animal accurate and current contact information and, if available, the biting animal's license number and rabies vaccination information.

C. If any person fails or refuses to obey any lawful order for the quarantine of an animal for observation of rabies, the animal control officer may impound the animal for such quarantine at the expense of the owner. The animal control officer shall charge the owner in such case for the care and board of the animal. Such rates shall be set by resolution of the city council. The redemption fees provided in Section 6.08.150 of this title shall also apply to an animal quarantined for rabies observation.

(Ord. 786 § 3, 2007)

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 the animal shelter with a complete description of the animal, its location and a means to contact the person keeping the animal.

(Ord. 738 § 1 (part), 2005)

Any person who is intending to trap more than two stray or feral cats on their property within a month, must post such intentions by notifying neighbors on both sides, behind, and across such property. This can be accomplished by anonymously leaving a flyer of such intent on each doorstep of surrounding dwellings.

(Ord. 738 § 1 (part), 2005)