Chapter 7.20

ANIMAL CARE AND KEEP

Parts:

• 1 Care and Keep of Animals 3 Miscellaneous Care and Keep Provisions 5 Licensing and Vaccination 7 Sale of Animal

Part 1

CARE AND KEEP OF ANIMALS

Sections:

• 7.20.010 Proper and adequate care requirement.

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§ 7.20.040

• 7.20.040 Food and feeding requirements.

• 7.20.050 Veterinary treatment requirement.

• 7.20.060 Exercise requirement.

• 7.20.070 Transportation requirement.

• 7.20.080 Dog confinement requirement.

• 7.20.090 Fenced premises requirement.

It is unlawful for any person to keep, use, or maintain any animal without proper and adequate care in violation of any of the provisions in this part.

(Ord. 28079.)

• A. Any animal maintained outdoors must have adequate shade and shelter such that the animal can protect itself from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, and the animal can remain dry during the rain;

• B. The shelter for any animal must be:

  1. Accessible to the animal at all times;

  2. Situated to prevent exposing the animal to unreasonably loud noise, or teasing, abuse or injury by another animal or person;

  3. Constructed with at least five (5) sides including a roof and floor. The floor must be raised off the ground; be free of cracks, depressions and rough areas where insects, vermin or eggs for internal parasites may lodge; and protect the animal's legs and feet from injury;

  4. Of adequate size inside and outside the shelter to allow the animal to stand up, sit, turn around freely or lie down in a normal position; defecate or urinate away from its confinement; and safely interact with any other animal;

  5. Adequately lighted to provide regular diurnal lighting cycles of natural or artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and care of the animal;

  6. Supplied with clean and dry bedding material or other means of protection from the weather elements to maintain the shelter at a temperature that is not harmful to the health of the animal;

  7. Cleaned and maintained in a manner designed to insure sanitary conditions and to control for insects, ectoparasites, and other pests. Carcasses, debris, food waste, and excreta must be removed from the shelter as often as necessary to minimize unreasonably obnoxious odor, allergen, pests, and the risk of disease. If the animal is confined within the shelter during cleaning, the animal may not be exposed to any cleaning agents or water. Rugs, blankets, or other bedding material must be kept clean and dry.

• (Ords. 28079, 28392.)

• A. The animal must have access to clean potable water at all times unless restricted for veterinary care.

• B. If the water is kept in a container, the container must be designed to prevent tipping and spilling of the water or be secured to either a solid structure or the ground.

• C. Water containers must be clean and must be emptied and refilled with fresh water every twenty-four (24) hours or alternatively if the water is provided by an automatic or demand device, the water supply connected to the device must function twenty-four (24) hours a day.

• (Ord. 28079.)

• A. The animal must be provided food that is wholesome and contains sufficient quantity

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§ 7.20.040

and nutritive value to maintain a healthy body weight and meet the normal daily requirements for the condition and size of the animal.

• B. The food receptacle must be accessible to the animal and placed in a location to minimize contamination from excreta and insects. Feeding pans must be durable and kept clean. Disposable food receptacles may be used and must be discarded after each feeding. Self-feeders may be used for dry food and must be sanitized regularly to prevent molding, deterioration, or the dense compaction of food.

• C. Spoiled or contaminated food must be disposed of in a sanitary manner.

• (Ord. 28079.)

The animal must receive veterinary treatment from a veterinarian licensed by the State of California when such treatment is necessary to alleviate the animal's suffering or prevent the transmission of disease.

(Ord. 28079.)

The animal must be provided the opportunity to exercise in order to maintain normal muscle tone and mass for the age, size, and condition of the animal.

(Ord. 28079.)

The animal must be handled, moved, or shipped in a manner consistent with Section 7.40.090 and to insure the health and safety of the animal. (Ord. 28079.)

• A. No dog may be tethered, fastened, chained, tied, or restrained to a shelter, tree, fence, or any other stationary object, except in accordance with Penal Code Section 597t, as may be amended.

• B. If a dog is confined in compliance with Subsection A., the dog owner/guardian and person with a right to control the dog may:

  1. Attach a dog to a running line, pulley, or trolley system except no dog may be tethered to a running line, pulley, or trolley system by means of a choke collar or pinch collar;

  2. Tether, fasten, chain, tie, or otherwise restrain a dog pursuant to the requirements of a camping or recreational area;

  3. Tether, fasten, chain, or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period;

  4. Tether, fasten, chain, or tie a dog while engaged in or actively training for, an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. Nothing in Section 7.20.080.B.4 prohibits a person from restraining a dog while participating in activities or using accommodations that are reasonably associated with the licensed activity;

  5. Tether, fasten, chain, or tie a dog while actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock, or directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

• (Ord. 28079.)

If a fence is the primary means of confining the animal, the fence must be maintained in a manner to prevent the animal from running at large in violation of Section 7.40.030.

(Ord. 28079.)

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§ 7.20.320

Part 3

MISCELLANEOUS CARE AND KEEP PROVISIONS

Sections:

• A. The owner/guardian of a dangerous animal or person with a right to control a dangerous animal must confine it within a building or secure enclosure, except that the animal may be permitted off the premises only when securely muzzled, leashed, and under the direct physical restraint of a person eighteen (18) years of age or older and who is physically capable of restraining the animal.

• B. If an owner/guardian of the animal or a person with a right to control the animal knows that the animal is infected with any disease transmittable to humans, he or she is prohibited from allowing the animal to be or remain within the city other than at an approved veterinary hospital unless an animal services officer approves an alternative means of confinement.

• C. An animal services officer may seize any animal the officer reasonably believes to be dangerous or infected with any disease transmittable to humans. The officer may impound such animal for a period sufficient to observe, examine, and determine whether the animal is diseased or dangerous so as to be a menace to public health or safety.

• D. Diseased or dangerous animals that are a danger to public health or safety may be destroyed pursuant to Section 7.50.070.

• (Ord. 28079.)

• A. Upon the death of any animal, the owner/ guardian of the animal or person with a right

to control the animal must provide for the burial, incineration, or other disposition of the body. If the owner/guardian of the dead animal or person with a right to control the dead animal is unable to provide for burial or other disposition, he or she may request that the city dispose of the body for a fee.

• B. Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, an animal services officer may dispose of such body as soon as practical; provided, however, that an animal services officer may not be required to remove and dispose of bodies of dead animals on state highways or on state property. Either the owner/guardian of the animal or person with a right to control the animal must pay a fee for the disposal.

• C. Any fee authorized by this section must be set forth in the schedule of fees adopted by resolution of the city council.

• (Ord. 28079.)

It is unlawful for any person to use a chain as a collar for any animal except during training sessions under the direct supervision of the owner/ guardian or person with a right to control the animal.

(Ord. 28079.)

Part 5

LICENSING AND VACCINATION

Sections:

• 7.20.500 Vaccination of dogs and cats.

• 7.20.510 Vaccination certificate.

• 7.20.520 License required.

• 7.20.530 Issuance of license.

• 7.20.540 License fees.

• 7.20.550 License fee - Exemptions.

• 7.20.560 License period.

• 7.20.570 Metal tag.

• 7.20.580 Presentation of license on request.

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§ 7.20.500

• A. Every person who owns, maintains, or boards a dog or cat, four (4) months of age or older, must cause that dog or cat to be vaccinated and revaccinated with a state-approved antirabies vaccine within the time periods prescribed by state law or regulation.

• B. A veterinarian must certify the vaccination in accordance with Section 7.20.510.

• C. Compliance with the provisions of this section is a condition precedent to the issuance or renewal of any dog or cat license.

• (Ord. 28079.)

• A. A veterinarian who vaccinates any dog or cat, for whom a license is required under this part, with an anti-rabies vaccine, or causes or directs such vaccination, must complete and sign a rabies vaccination certificate that can be obtained from the city to certify that the dog or cat has been vaccinated.

• B. The rabies vaccination certificate must include all information required by state law, including:

  1. The name, address, and telephone number of the owner/guardian of the dog or cat;

  2. A description of the dog or cat, including its breed, color, age, sex, and spay or neuter status;

  3. The date of the vaccination;

  4. The type of rabies vaccine administered; and

  5. The expiration date of the vaccination and lot number.

• C. If the veterinarian who vaccinates the dog or cat is located within the city, the veterinarian must submit a current and valid rabies vaccination certificate to the administrator within thirty (30) days from the date that the dog or cat was vaccinated.

• D. If the dog or cat that is subject to the licensing requirements is vaccinated for rabies by a veterinarian located outside the city, the owner/ guardian or person with a right to control the dog or cat must submit a copy of the vaccination certificate to the administrator within thirty (30) days from the date that a dog or cat is vaccinated or brought into the city, whichever date is later in time.

• (Ord. 28079.)

• A. It is unlawful of any person to own, maintain, or board any adult dog or adult cat that has not been licensed pursuant to the provisions of this part, except that a license is not required for a dog or cat owned, maintained by, or under the control of a nonresident of the city which is kept in the city for thirty (30) or fewer days in any twelve (12) month period.

• B. Any dog or cat that is not properly licensed in accordance with this part is rebuttably presumed to be an unvaccinated stray animal and may be subject to the seizure and impoundment procedures set forth in Chapter 7.50 of this title.

• C. Animal shelters, animal hospitals, animal rescuers, commercial kennels, and pet shops are exempt from the requirement of this section to obtain a license for each dog or cat within the facility unless the dog or cat is owned by a person that owns or works at the facility.

• D. Annexed lands: The owner/guardian of a dog or cat that is currently licensed in a separate jurisdiction at the time the property where the animal resides is annexed to the City of San José, may exchange his or her current license for a license from the city within sixty (60) days of the annexation provided the rabies vaccination is current for the license period. Upon expiration of the valid rabies vaccination that was in effect at the time of annexation, the owner/guardian shall thereafter li-

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§ 7.20.560

cense the dog or cat in San José in accordance with the established process and fees for all residents.

• (Ords. 28079, 28419.)

• A. An application for a dog or cat license or a renewal of a dog or cat license, together with any required license fees and a current and valid rabies vaccination certificate must be filed with the administrator on a form provided by the administrator.

• B. The administrator may only issue a dog or cat license upon payment of the required license fees and the submission of a current and valid rabies vaccination certificate.

• C. The dog or cat license must state:

  1. The name and address of the person to whom the license is issued;

  2. The amount paid for the license;

  3. The date of issuance and expiration of the license;

  4. The date of expiration of the rabies vaccination;

  5. A description of the dog or cat for which the license is issued; and

  6. The identification number on the metallic tag accompanying the license.

• (Ord. 28079.)

• A. All fees authorized by this section must be set forth in the schedule of fees adopted by resolution of the city council.

• B. The license fee may be imposed for the issuance of a dog license or a cat license.

• C. A reduced license fee may be imposed for a dog or cat that has been spayed or neutered. A certificate from a veterinarian duly licensed by the State of California certifying that a dog or cat has been spayed or neutered, cannot be spayed or neutered for health reasons, or is incapable of breeding must be submitted to the administrator before a license for that dog or cat is issued at the reduced fee.

• D. A late license fee may be imposed for any dog or cat license that is:

  1. Obtained more than thirty (30) days after the date that the dog or cat became four (4) months old; or

  2. Obtained more than thirty (30) days after the date that the adult dog or adult cat was acquired or brought into the city; or

  3. Obtained more than thirty (30) days after the expiration of a previously issued license.

• E. A transfer fee may be imposed to update the dog and cat license information to reflect a new owner/guardian.

• F. No fees imposed by this section is refundable in whole or in part.

• (Ord. 28079.)

• A. One (1) person over sixty-five (65) years of age per dwelling unit is exempt from a license fee for either one (1) spayed or neutered dog or one (1) spayed or neutered cat if he or she maintains the dog or cat in the dwelling unit.

• B. No license fee is required for service dogs covered by definition when a written request for this exemption is submitted to the administrator.

• C. No license fee is required if a licensed dog or cat dies and the owner/guardian, within thirty (30) days of the animal's death, obtains a license for a new dog or cat and requests the remainder of the license period for the deceased dog or cat be applied towards the new license.

• D. No license fee is required for police dogs when a written request for this exemption is submitted to the administrator.

• (Ord. 28079.)

• A. The term of any dog or cat license is from the date that the license is issued as shown on the license and expires upon the one (1) year an-

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§ 7.20.560

niversary of the date upon which the license was issued except as provided in Section 7.20.560.D.

• B. The administrator may issue a license for a period not to exceed three (3) years for dogs or cats that have attained the age of twelve (12) months or older, and who have been vaccinated against rabies provided the license period does not extend beyond the validity for the current rabies vaccination.

• C. An application for the renewal of any license issued pursuant to this part must be filed with the administrator prior to the expiration of the license.

• D. The new license period begins on the expiration date of the previous license period, irrespective of the application date for the license renewal.

(Ord. 28079.)

on his or her person. This subsection does not exempt any person from complying with Sections 7.40.030 and 7.40.040.

(Ord. 28079.)

The owner/guardian of the dog or cat and any person with a right to control the dog or cat must present the license for that dog or cat upon the request of the administrator or any person authorized to enforce this title.

(Ord. 28079.)

The administrator keeps a record of all licenses issued pursuant to this part, together with a description of the dog or cat for which the license was issued.

(Ord. 28079.)

Part 7

• A. The administrator issues the metal tag bearing an identification number with each dog or cat license.

• B. Any person who owns, maintains, or boards a dog or cat must cause the dog or cat to wear the metal tag at all times.

• C. In lieu of the requirement that a cat wear a metal tag, the administrator may approve that a cat receive a computer microchip providing access to all of the information on the metal tag issued for the cat at the sole cost and expense of the owner/guardian or person with a right to control the cat.

• D. The metal tag issued pursuant to this part to any dog or cat may not be attached to a dog or cat other than the dog or cat for which the tag was issued.

• E. A dog participating in or preparing for an exhibition may not be required to wear a metal tag if the dog is implanted with a computer microchip providing access to all of the information on the metal tag issued for the dog and the owner/guardian and/or person with a right to control the dog carries the metal license tag

SALE OF ANIMAL

Sections:

• 7.20.700 Sale of cats or dogs.

• 7.20.710 Immunization and disclosure.

• 7.20.720 Return of cat or dog.

• 7.20.730 Location of sale.

• 7.20.740 Raffle of animals.

It is unlawful for any person to display, sell, exchange, barter, or give away any cat or dog under eight (8) weeks of age, except to surrender the animal to an animal shelter or to an animal rescuer with a valid registration pursuant to Section 7.60.300. Proof of age of the dog or cat may be required by the administrator. Proof of age may include, but not be limited to, certification by a licensed veterinarian attesting to the animal's age. (Ord. 28079.)

• A. It is unlawful for any person to display, sell, exchange, or barter any cat or dog over eight

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§ 7.20.730

(8) weeks of age, unless the cat or dog has been immunized against common diseases. Dogs must be immunized against distemper and parvovirus. Cats must be immunized against panleukopenia.

• B. The seller of a cat or dog must provide the buyer, at the time of sale, a signed statement from the seller attesting to the date of vaccination and the seller's knowledge of the animal's health. Such statement must also include the animal's immunization history, and the record of any known disease, sickness, or internal parasites that the animal is afflicted with at the time of transfer of ownership/guardianship including treatment and medication.

• (Ord. 28079.)

• A. Any person purchasing a cat or dog from a person required to be permitted or registered pursuant to this Title may, within five (5) days of such purchase, cause such animal to be examined by a veterinarian licensed by the State of California, and if such examination reveals clinical signs of a contagious or infectious disease or serious congenital defects, not otherwise disclosed to the purchaser as required by Section 7.20.710.B, the purchaser may, within one (1) day of the examination, return such animal to the seller. When returned, such animal must be accompanied with a written statement of findings signed by the attending veterinarian stating the examination findings. Upon return of such animal for the reasons stated in this section, the seller must accept the returned animal and reimburse the purchaser for the cost of the animal.

• B. If the seller refuses to accept the returned animal or to reimburse the purchaser for the cost of the animal upon purchaser's offer to return it, the purchaser may file a complaint with the Santa Clara Superior Court stating a cause of action for violation of this section.

• (Ord. 28079.)

• A. It is unlawful for any person, except an animal rescuer with a valid registration under Section 7.60.300, to display for sale, offer for sale, exchange, barter, or give away any animal except in the following locations:

  1. An animal facility with a valid permit pursuant to Part 1 of Chapter 7.60;

  2. A private residence; or

  3. Agricultural shows or agricultural exhibits.

• B. An animal rescuer, with a valid registration under Section 7.60.300, may conduct a live animal sale or animal adoption event at a location other than an animal facility, private residence, or agricultural shows or agricultural exhibits if the animal rescuer complies with all of the following:

  1. Obtains approval for the location of the event from the administrator and such approval must be based on the animal rescuer's ability to meet the criteria established by the administrator in conformity with and for the purpose of carrying out the intent of this title. The criteria, include, but is not be limited to, the animal rescuer's ability to:

     • a. Provide the animals proper and adequate water, food, and shelter from the elements for the duration of the animal sale or animal adoption event; and

     • b. Properly confine the animals to protect them from vehicular and pedestrian traffic and to maintain the health and safety of the public.

  2. Reports the duration of the event, and the number of animals being offered for sale or adoption, to the administrator, at least seven (7) calendar days before the event; and

  3. Displays the animal rescuer registration at the event in a prominent location such

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§ 7.20.730

that any member of the public attending the event would be able to read the registration.

(Ord. 28079.)

It is unlawful for any person to raffle, give away, or otherwise offer for the purpose of a prize or fundraiser any live animal. The term "offer" includes when the live animal is redeemed at another location or time.

(Ord. 28079.)