San Jose Municipal Code Part 1 Care and Keep of Animals

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 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.)