Salinas Municipal Code § 7-6 License—Required; attachment of tag

It shall be unlawful for the owner, or for any person having charge, care or control of any dog or other animal, whether vaccinated or not, to allow such dog or other animal to run at large at any time at any place in the city. For purposes of this section "at large" is defined as off the premises of the person owning, or having charge, care, or control of the animal. All dogs or other animals shall be deemed to be running "at large" unless restrained by a chain, strap or cord attached to their collars and actually held by a person capable of exercising physical restraint or confined within an appropriately enclosed yard, cage or other secure and animal appropriate enclosure, such as an electrified fence or an electronic fence. This section shall not apply to domesticated cats. For purposes of this chapter "enclosure" is defined as a fence or a structure suitable to prevent the entry of young children and which is suitable to confine a potentially dangerous or a vicious dog with other measures, which may be taken by the owner or the keeper of the dog. The enclosure shall be designed to prevent the animal from escaping.

(Ord. No. 1084 (NCS), § 3; Ord. No. 1750 (NCS), § 1; Ord. No. 1885 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 1, 11-15-2011)

* For state law as to dogs running at large, see Ag. C., § 439.

No person owning or having control of any animal shall:

(a) Permit such animal to defecate or urinate on private properties in the neighborhood or community (other than that of the owner or the person having control of the animal);

(b) Permit such animal to defecate or urinate on public property without immediately cleaning or removing the excrement to a proper receptacle;

(c) Permit unsanitary conditions to exist on the premises where said animal is kept which would cause odors, attract flies or vermin, or otherwise is injurious to public health and safety, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by the neighborhood, community, or persons.

(d) Permit such animal to trespass upon any private property without the consent of the owner.

A violation of this section is hereby declared a public nuisance. Any private person may maintain an action under Civil Code Section 3493 for enforcement of this section declaring certain acts a public nuisance, if such acts are especially injurious to such person.

(Ord. No. 1925 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

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 ten days, and shall allow the director of public health, or his representative, to make an inspection or examination thereof at any time during such period, or in lieu of confinement the 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 for a period of not less than five days, after which the dog or other animal may be released from the veterinary establishment upon the certification of the veterinarian controlling or supervising the establishment that the dog or other animal displays no symptoms of rabies whatsoever, and upon its vaccination and licensing if subject to vaccination and licensing under the provisions of this Code.

(Ord. No. 1440 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

Every female cat or dog in heat shall be confined in a building or secured in an enclosure in such a manner that such female dog or cat cannot come into contact with other animals except for planned breeding within such enclosure.

(Ord. No. 1084 (NCS), § 10; Ord. No. 2402 (NCS), § 1)

Dogs and cats shall be considered properly vaccinated for the purposes of this chapter when injected at four months of age or older by a licensed veterinarian with an approved animal rabies vaccine at intervals of no less than twelve months and not more than thirty-six months. Proper vaccination procedure is in accordance with the provisions of this section. A veterinarian vaccinating the dog or the cat shall issue the owner or person in possession of said animal a rabies vaccination certificate that shall include all of the following information:

(a) The owner's name, address and telephone number;

(b) The animal's breed, color, age and sex and whether the animal has been spayed or neutered;

(c) The date of immunization; and

(d) The manufacturer and type of rabies vaccination administered and serial number.

The veterinarian issuing said rabies vaccination certificate shall maintain proper copies and proper records of such procedure, which shall be submitted to the poundmaster or his/her designee monthly.

(Ord. No. 1084 (NCS), § 5; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 2, 11-15-2011)

* For state law as to rabies control, see H. & S.C., §§ 1900 to 2000.

Every person owning or having charge or control of any dog shall, after such dog attains the age of four months, annually secure from the city finance director, poundmaster or his/her designee a license and tag upon payment of such fees as the city council may establish by resolution. Every dog shall wear a license tag, bearing the number of the animal license, at all times even if they have also been implanted with an animal identification microchip. The tag shall be affixed to a collar or harness upon such dog at all times while such dog is not on the premises of owner. In the event any tag issued hereunder is lost, destroyed or mutilated, the owner of the dog for whom it was issued may obtain a duplicate thereof upon the payment of a replacement fee to the city finance director, poundmaster or his/her designee. License tags shall not be issued by the city finance director or poundmaster or their designee until the owner has submitted evidence in writing that the dog has been vaccinated in accordance with Section 7-5. The city shall maintain a record for each license with the information provided pursuant to Section 7-8 for each issued license number.

(Ord. No. 1440 (NCS), § 2; Ord. No. 2402 (NCS), § 1)

* For state law authorizing cities to license dogs, see Gov. C., § 38792. See also, Ag. C., § 439 et seq. As to licenses generally, see Ch. 19 of this Code.

The city finance director, poundmaster, or his/her designee, shall not issue a license to any person for any dog until such person has submitted evidence in writing that the dog has been vaccinated in accordance with the provisions of Section 7-5.

(Ord. No. 1084 (NCS), § 7; Ord. No. 1440 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

(a) License—Dogs. Any person owning, keeping, harboring or having custody of any dog four months of age or over within the city limits of Salinas shall obtain a license as provided in this chapter after paying such fees as the city council may establish by resolution.

(b) License—Cats. Any person owning, keeping, harboring or having custody of any cat four months of age or over within the city limits of Salinas may obtain a license as provided in this chapter after paying such fees as the city council may establish by resolution.

(c) Written application for licenses, which shall include the name and address of applicant, description of the animal, sex, color and breed of the animal, the appropriate fee, and a current valid rabies vaccination certificate issued by a licensed veterinarian, shall be made to the animal control department or other department designated by the city with the responsibility for licensing animals. The "animal control department" is the city of Salinas animal services department.

(d) The person to whom the license is to be issued may choose a license period ranging from six to thirty-six months. The license period shall not extend beyond the remaining period of validity for the current rabies vaccination. Licensing fees will apply based on six-month, one-year, two-year, or three-year intervals, whichever is closest to the rabies expiration date. A dog or cat must have a current rabies vaccination for a license to be valid. No license will be issued for any period not covered by a valid rabies vaccination.

(e) Application for a license must be made by the owner within thirty days after a dog reaches four months of age or within thirty days of obtaining a dog which is four months of age or over. This requirement does not apply to a nonresident keeping a dog within the city limits for not longer than thirty days and does not apply to any dog brought to the city of Salinas exclusively for the purpose of entering the dog in a dog show or a dog exhibition provided such dogs are not permitted to run at large.

(f) Any dog owned by a person moving into the city of Salinas that has been currently licensed by any one of the cities within Monterey County while that person was a resident of one of the cities within Monterey County must license such dog with the city of Salinas within thirty days after moving into the city limits.

(g) Any dog owned or possessed by a person moving into the city of Salinas from any area outside Monterey County must license such dog with the city of Salinas within thirty days after moving from such area.

(h) Upon acceptance of the license application and fee, if required, the animal control department or other designated city division or department shall issue a license tag stamped with an identifying number. Tags should be designed so that they may be conveniently fastened to the dog or cat's collar or harness.

(i) The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public. The record shall include the name and address of the owner to whom the tag was issued, a description of the dog or cat, the number of the tag issued, and the date thereof.

(j) A license application may be made thirty days prior to the expiration of a current license or a current rabies vaccination period, whichever comes first. A dog or cat owner may license such animal for up to thirty-six months provided the rabies vaccination will be current for the entire period. Persons applying for a license shall pay the fee established by the city council. This license fee shall not be refundable or transferable. The license fee for spayed female animals and neutered male animals shall not exceed fifty percent of the license fee otherwise imposed.

(k) Owners who fail to obtain a license within time periods set forth herein or who fail to renew a license within thirty days after the expiration of a prior license shall pay a late fee in an amount set forth by the city council. An owner may obtain a duplicate license tag to replace one lost or mutilated upon the payment of such replacement fee as set forth by the city council.

(l) No person shall attach or fasten any license tag to an animal other than the animal for which it was issued or otherwise represent that the license tag is for the animal other than the animal for which it was issued.

(Ord. No. 1440 (NCS), § 4; Ord. No. 1761 (NCS), § 1A; Ord. No. 1875 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 3, 11-15-2011)

A dog license shall be issued without charge to any person who presents a verified certificate or affidavit that his child is raising a puppy in the city for Guide Dogs for the Blind, Inc., certified by an officer of Guide Dogs for the Blind, Inc., San Rafael, California, and also to any blind person in the city who presents a verified certificate or affidavit that he is the possessor of a trained guide dog. The owner of a certified seeing eye dog or hearing dog, or any other certified dog that is trained to assist the handicapped or police dogs used in the course and scope of their employment by peace officers whether owned by a governmental agency or an individual peace officer, shall not be required to pay any fee for license for such dog. Each such dog must still be licensed and vaccinated and shall be required to affix tags to collar or harness at all times. The license fee exception shall not apply to guard dogs and sentry dogs not used by peace officers in the course and scope of their employment.

(Ord. No. 1084 (NCS), § 9; Ord. No. 2402 (NCS), § 1)

(a) This chapter does not apply to licensed kennels, humane society shelters, animal control facility or veterinarians.

(b) This chapter does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police department work.

(c) No dog shall be declared potentially dangerous or vicious pursuant to this chapter if it causes any injury or damage which is sustained by a person who, at the time of the injury or the damage, was committing a willful trespass or other violation upon premises occupied by the owner or the keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog shall be declared potentially dangerous or vicious if the dog was protecting or defending a person in the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury was sustained by a domestic animal which, at the time the injury or the damage was sustained, was teasing, tormenting, abusing or assaulting the dog.

(d) No dog shall be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or the injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. No. 2526 (NCS), § 4, 11-15-2011)

Editor's note— Ord. No. 2526 (NCS), § 4, adopted Nov. 15, 2011, repealed the former § 7-10, and enacted a new § 7-10 as set out herein. The former § 7-10 pertained to kennel licenses and derived from Ord. No. 1084 (NCS), § 11; Ord. No. 2402 (NCS), § 1.

Editor's note— Ord. No. 2526 (NCS), § 5, adopted Nov. 15, 2011, repealed § 7-10.1, which pertained to license exemptions and derived from Ord. No. 1084 (NCS), § 12; Ord. No. 1440 (NCS), § 5; Ord. No. 2402 (NCS), § 1.

It shall be unlawful for any person to:

(a) Fail to provide humane care and treatment to animals owned or in the care of that person, including sufficient good and wholesome food for that species and clean and potable water, proper shelter and protection from the elements, and veterinary care when needed to prevent suffering. For purposes of this chapter "proper shelter" is defined as shelter that provides the animal sufficient shade when needed; protection from wind, from rain, and from other weather elements; and should allow for proper drainage and have a roof, a floor, and at least three sides. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below the temperature to which the animal is acclimated.

(b) Feed feral or abandoned nonspayed/non-neutered cat(s), except to trap such cat(s) for purposes of having it spayed or neutered or to turn in to a local animal shelter. Any person continually feeding any feral or abandoned cat, including those that have been spayed or neutered, shall be responsible for such cat in the same manner as though such person owns such cat, including providing any needed veterinary care that the animal requires.

(c) Beat, treat cruelly, mistreat, overload, overwork or otherwise abuse or cause suffering to an animal, or cause, instigate or permit any dogfight or other combat between animals or between animals and humans.

(d) Abandon an animal owned or cared for by that person. For purposes of this chapter "abandonment" is defined as an act where an owner, driver or possessor of any animal intentionally leaves said animal without provision for ongoing care and attention. If such an act occurs in any building, enclosure, lane, street, square or lot of the city, the person shall be in violation of this section.

(e) Crop a dog's ear or tail, except that a licensed veterinarian may perform such an operation using generally accepted techniques.

(Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 6, 11-15-2011)

A public animal shelter is hereby established in and for the city that shall be located at such place as the council shall from time to time select and designate.

(Ord. No. 1084 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

The chief of police shall be ex officio poundmaster and shall have general supervision and control of the public pound established by the preceding section and the care and custody of all animals impounded therein. He may appoint a deputy poundmaster, who shall be a police officer of the city.

(Ord. No. 1084 (NCS), § 2; Ord. No. 2402 (NCS), § 1)

* As to administration generally, see Ch. 2 of this Code.

No person shall in any manner interfere or attempt to interfere with the poundmaster or any of his deputies in the performance of any duty imposed by the provisions of this article and no person shall unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions hereof from the custody of the poundmaster or any of his deputies, and no person shall remove or attempt to remove from the animal shelter any dog or other animal impounded therein without having first redeemed the same as herein provided or obtained the permission of the poundmaster to do so.

(Ord. No. 1084 (NCS), § 21; Ord. No. 2402 (NCS), § 1)

It shall be the duty of the poundmaster of the city, and such deputies as he may appoint for that purpose, to seize and impound in the animal shelter all dogs and other animals found running at large on any public street, road, alley, park, square, or place, or on any vacant or unenclosed lot or land, within the city. For purposes of this chapter "impound" shall mean to take into the custody by the animal control department or the provider of animal control services to the city where the potentially dangerous or vicious dog is found.

(Ord. No. 1084 (NCS), § 14; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 7, 11-15-2011)

If an animal is found at large and its owner, or the person having charge, care or control of such animal, can be identified and located, the animal need not be impounded but may, instead, be taken to such person, provided the animal, if a dog has affixed to its collar a current dog license tag.

(Ord. 1054 (NCS), § 15: Ord. 1750 (NCS), § 2; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 8, 11-15-2011)

Animal fees and charges shall be imposed as adopted by council resolution.

(Ord. No. 1440 (NCS), § 6; Ord. No. 1761 (NCS), § 1B; Ord. No. 2333 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

The poundmaster or his/her designee shall securely keep all dogs and other animals so impounded for four business days, not including the day of impound (or other period as set forth by state law), supplying them with the necessary food and water, and during such time the owner of any such dog or other animal may redeem the same upon payment to the poundmaster of the fees required by the provisions of Section 7-17. However, the poundmaster need not comply with the section and may proceed, pursuant to Section 7-19, to dispose of any animal impounded if the written consent to do so is first obtained from the owner or owners of the animal.

(Ord. No. 1084 (NCS), § 17; Ord. No. 1189 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

Any animal impounded under the provisions of this article not redeemed within the time specified, or if the written consent of the owner or owners is first obtained, the poundmaster may make such animal available for adoption, provided the animal is deemed to be "adoptable," to any person who will agree to provide a suitable home for the animal; provided, however, that the person to whom such animal shall be given shall pay to the city fees established by the city council. "Adoptable" animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of that animal or that is likely to adversely affect the animal's health in the future. If the animal is not "adoptable," or given away to some person, such animal shall be put to death.

(a) All dogs or other animals not reclaimed or redeemed within seventy-two hours after notice is given in accordance with this chapter may be destroyed in a humane manner by the animal control officer or his or her designee; or the animal control officer or his or her designee may, after the dog or other animal is impounded for seventy-two hours after notice is given in accordance with this chapter, place the same with some responsible person and convey a good and valid title thereto.

(b) The seventy-two-hour period provided for in subsection (a) of this section shall commence on impoundment of an animal not bearing a license tag or chip implant. If an animal bears a license tag or chip implant and is currently licensed, the seventy-two-hour period shall commence when notice is deemed complete. Service of notice of impoundment must be made by proof of service by mail to the owner at the address given on his or her application for license, pursuant to Code of Civil Procedure 1013. Notice is deemed complete on the fifth day after mailing; provided, however, that if the dog or other animal is seriously injured or ill, the animal control officer or his or her designee may, with the consent of a licensed veterinarian, and to prevent further suffering, destroy the dog or other animal prior to the expiration of the seventy-two-hour period.

(c) Actual notice by shelter or field personnel to the owner by telephone or in person shall be deemed complete when notice is actually given. Upon such notice, the seventy-two-hour period shall commence. This applies to animals whether licensed and tagged or not.

(Ord. No. 1084 (NCS), § 18; Ord. No. 1189 (NCS), § 1; Ord. No. 1440 § 7; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 9, 11-15-2011)

The poundmaster or his/her designee shall keep a record of all animals impounded under the provisions of this article and the disposition made thereof. An itemized, detailed statement of all animals impounded shall be provided to the chief of police each month.

(Ord. No. 1084 (NCS), § 19; Ord. No. 2402 (NCS), § 1)