San Luis Obispo County Municipal Code Ch. 9.02 Animals Generally

(a) No person shall allow or permit any animal, other than household pets, to run at large upon any public street or place, or to trespass upon the property of another.

(b) This provision shall not be construed as permitting the running at large of any household pets that are otherwise restricted by the provisions of this title or by any law applicable thereto.

(Ord. No. 3498, 11-7-23)

It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other similar attractant for an animal in any public park, plaza, woodland, other public place, or upon the private property of another person without the express consent and authorization of the property owner or tenant.

(Ord. No. 3498, 11-7-23)

Every person having custody or control of a dog or cat shall promptly remove and dispose of, in a sanitary manner, all feces and other solid waste left by such animal in any public area or on any private property other than that of the animal's owner or keeper.

(Ord. No. 3498, 11-7-23)

It is unlawful for any person to do any of the following:

(a) Keep an animal confined upon any premises or in any enclosure which is befouled by animal waste, trash or debris, or any other foul, noxious, or unsanitary condition.

(b) Allow the accumulation or deposit of animal wastes upon his or her property in such a quantity as to disturb the owners, occupants, or users of adjacent properties by way of offensive odor or the attraction of flies, insects, or other vermin.

(c) Allow the accumulation or deposit of animal wastes in a location and quantity so as to befoul or pollute waters entering surface or storm drainage systems.

(Ord. No. 3498, 11-7-23)

(a) It is unlawful for any person to keep, harbor or maintain upon any lot, or in any residence, building, or structure owned, occupied, or controlled by them any animal which, by any frequent or prolonged noise, causes annoyance or discomfort to a reasonable person of normal sensitivities.

(b) Prima facie evidence of a violation of this section shall be established if the noise from any such animal disturbs:

(1) Two or more individuals residing in separate dwellings directly adjacent to the property whereat the animal is kept, or

(2) Three or more individuals residing in separate dwellings in close proximity to the property whereat the animal is kept.

(c) Frequent and repetitive violations of this section may be deemed a public nuisance.

(d) This section shall not apply to sounds made by livestock kept upon property which is zoned to allow the keeping of agricultural animals nor shall it apply to any appropriately permitted commercial animal facility situated in a location zoned for such an operation, provided that such noise is consistent with normal and expected levels for that type of animal keeping.

(Ord. No. 3498, 11-7-23)

(a) Should the division determine through investigation that any animal habitually causes or creates a public nuisance, the chief animal control officer may issue to the owner of the animal an order to abate the nuisance forthwith.

(1) The division may initiate such an investigation independently upon reasonable suspicion or other good cause that a public nuisance exists; or

(2) The division shall initiate such an investigation upon the written affirmation from three individuals alleging that any animal is causing or creating a public nuisance, provided that those individuals reside in, or occupy, separate dwellings or businesses in proximity to the alleged nuisance.

(b) Upon issuance of an order to abate a nuisance, a fine may be levied by the division against the owner of the animal.

(c) If a public nuisance is not successfully abated upon the order of the chief animal control officer, the division may present the results of such investigation to the district attorney for prosecution.

(Ord. No. 3498, 11-7-23)

(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.

(b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location that mitigates the aggressive and menacing behavior.

(c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.

(d) Liability of Property Owners.

(1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated.

(Ord. No. 3498, 11-7-23)

(a) Any animal designated under the provisions of another municipal, county, or state law as potentially dangerous, vicious, or their respective equivalent shall be considered so designated within the County of San Luis Obispo as well.

(b) Any and all terms or restrictions related to the keeping, confinement, and care of the animal issued in association with that designation shall be fully and equally in force within the county.

(Ord. No. 3498, 11-7-23)

It is unlawful for any person to own, keep, maintain, or possess any animal which is wild by nature and which, because of its size, disposition, or other characteristics could constitute a danger to human life or property.

(a) Such animals shall include, but are not necessarily limited to, the following:

(1) Mammals:

a. Any canine other than a member of the species Canis familaris (domestic dog), including wolves, coyotes, foxes, jackal, or any hybrid thereof.

b. Any feline other than a member of the species Felis catus (domestic cat), including mountain lions, bobcats, tiger, or any hybrid thereof.

c. Hyenas, bears, elephants, and primates.

(2) Reptiles:

a. Any species of front fanged venomous snake, or hybrid thereof.

b. Any venomous species of Heloderma.

c. Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake which commonly exceeds ten feet in length at adulthood.

d. Any crocodile or alligator.

(3) Any other terrestrial animal species, except for honey-producing bees, which is venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means.

(b) This prohibition shall not apply to:

(1) Livestock;

(2) Any member of the following taxonomic groups:

a. Aves (birds);

b. Equidae (horses, asses, and zebras);

c. Camelidae (camels, llamas, alpacas);

d. Ruminatia (Oxen, bison, deer, antelope, chevron).

(3) Any wild and dangerous animal being transported through the county provided that the possessor is in compliance with all state and federal laws related to the keeping, possession, and transport of such animals, and provided that the animal does not remain within the county for more than twenty-four hours;

(4) Any zoo, circus, museum, educational or academic research institution, veterinary hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial film or video production company provided that the animals are kept and confined in a manner which precludes their escape and which fully protects the public from harm.

(Ord. No. 3498, 11-7-23)

(a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or kills any domestic animal on any public roadway shall:

(1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided that this can be done without the operator placing himself at unreasonable risk; and

(2) Contact the animal's owner, if known, or the animal services division, highway patrol, or the sheriff's or police department with jurisdiction, and report the location and facts of the incident, including their name and contact information; and

a. Remain at the scene until the owner, appropriate law enforcement or animal control authority arrives or until otherwise dismissed by that authority; or

b. In the case of an animal which is injured and not dead, the operator may immediately transport the animal to a veterinarian for treatment.

(b) This section shall not apply to public safety officers or emergency response personnel if the vehicle they were operating was responding to an emergency situation at the time the animal was struck.

(Ord. No. 3498, 11-7-23)

(a) The owner of any dog, cat, or household pet which has died shall dispose of the carcass in a sanitary manner within twenty-four hours of becoming aware of its death.

(b) It is unlawful for any person to place the carcass of an animal, or any portion thereof, in or upon any roadway, park, public place, or upon the private property of another without the express consent of the property owner or possessor.

(Ord. No. 3498, 11-7-23)

It shall be the duty of the division, upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the county immediately prior to its death, or upon the request of any person discovering a dead dog, cat or household pet upon his or her premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the animal in such manner as may be prescribed by law. The division may charge and collect fees, which may be set by resolution of the board of supervisors, for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained.

(Ord. No. 3498, 11-7-23)