Chapter 6.04 — IN GENERAL

The purpose of Title 6 of this Code is to regulate the keeping and handling of animals and fowl within the City.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Whenever in this title the following terms are used, they shall have the meaning ascribed to them in this chapter.

(a)

Altered for a Female means having had the ovaries and uterus surgically removed; an ovariohysterectomy. Altered for a male means having had the testicles surgically removed.

(b)

Ambient Temperature means the temperature surrounding the animal.

(c)

Animal shall include, but not be limited to, dogs, cats, birds, fishes, reptiles, and non-human mammals.

(d)

Animal Control Authority used in this title means any Code Compliance Officer of the City of San Marcos, any peace officer or any organization(s) approved by the City Council to perform animal control service in the City.

(e)

At Large means being on any private property without permission of the person who owns or has a right to possess or use the property; or unrestrained by a leash in or on either public property, public right-of-way and/or a public facility, unless expressly permitted by law,

or in or on private property open to the public; unrestrained by a leash so that the animal is able to run, stay or wander in or on any portion of any public property, public right-of-way and/or public facility in such a manner as to block, deny access, impede, interfere with or prohibit the use of such property by the public; or unrestrained by a leash in or on any property, place or manner which presents substantial risk of imminent interference with animal or public health, safety or welfare.

(f)

Attack means any action by an animal which places a person in reasonable apprehension of immediate bodily harm.

(g)

Business Days means any days on which the City is open to the public.

(h)

Cat means a Felis domesticus of either sex, altered or unaltered if owned, kept or harbored.

(i)

City Council means the City Council of the City of San Marcos.

(j)

Clerk means the City Clerk or the City Clerk's agents or deputies.

(k)

County means the County of San Diego.

(l)

Curb means to so restrain or control an animal that it urinates or defecates only in the street gutters.

(m)

Dangerous Animal means any animal which:

(1)

Has twice within a 48-month period attacked, bitten, or otherwise caused injury to a person engaged in lawful activity; or

(2)

Has twice within the prior 48-month period attacked, bitten or otherwise caused injury, substantial injury or death to another domestic animal.

(3)

Has once attacked, bitten or otherwise caused injury to a person engaged in lawful activity, resulting in death or substantial injury; or

(4)

Has been declared a "dangerous animal" by the Animal Control Authority pursuant to Section 6.24.210 of this title.

(n)

Department/Division means the City of San Marcos.

(o)

Director means the executive officer of the organization(s) approved by the City Council to perform animal control services in the City and/or the applicable City of San Marcos Department/Division Director, or its agents and deputies.

(p)

Dog means Canis familiaris of either sex, altered or unaltered; or any other member of the Canis genus if owned, kept, or harbored.

(q)

Dog License means a properly completed certification issued by the Animal Control Authority or other authorized agency, including the dog owner's name, address, and telephone number; the dog's name and description, including breed, color, sex, day if known, month and year of birth; rabies vaccination date; license tag number and expiration date.

(r)

Dog License Application Rabies Certificate Form means the dog license application form issued by the County. To serve as a rabies certificate it must show:

(1)

The dog owner's first and last name, street address and mailing address, if different, and telephone number; and

(2)

The dog's name and description, including breed, color, sex, day, if known, month and year of birth; and

(3)

The type, lot number, and manufacturer of the rabies vaccine; and

(4)

The date of vaccination; and

(5)

The signature, or an authorized signature, of the veterinarian administering the vaccine.

(s)

Guard Dog means:

(1)

A "sentry dog" as defined in the Dog Act of 1969 (Health and Safety Code Section 121875 et seq.); or

(2)

A "guard dog" or "attack dog" as defined in the Dog Act of 1969.

(t)

Guard Dog Operator means:

(1)

A "sentry dog company" as defined in the Dog Act of 1969; or

(2)

Any person, including the owner of the guard dog, that operates or maintains a business to sell, rent, furnish for hire, or train a guard dog.

(u)

Guard Dog Premises means any premises, area, or yard where a guard dog is kept or maintained for a period of time, including, but not limited to, an office, base facility, training facility or kennel utilized by the guard dog operator and any premises, area or yard to which a guard dog has been furnished for hire.

(v)

Health Officer means the County of San Diego Health Officer or his/her agents or deputies.

(w)

Impound means any animal in the custody or control of the Animal Control Authority as provided in this title.

(x)

Indoor Housing Facility means any structure or building, housing or intended to house animals, which has the capability of controlling the environment within the enclosure created by the continuous connection of a roof, floor, and walls with at least one opening for entry and exit that is provided with a door or any movable structure used to close off the opening and typically consisting of a panel of wood, glass, metal, etc., which slides on rollers or swings on hinges; provided, however, that any openings which provide natural light shall be covered with a transparent material, e.g., glass, plastic, etc.

(y)

Irresponsible Owner means an owner who has had three or more citations issued against the owner by the Animal Control Authority within the past two years for violation of Sections 6.24.110 (Animals at large), 6.24.150 (Wild Animals), 6.24.160 (Public Protection from Animals), 6.24.170 (Possession of Guard Dog, Public Nuisance Animal or Dangerous Animal), 6.24.190 (Public Nuisance), 6.24.210 (Declaration of Dangerous Animal) of this Code, or any other provision under this title as determined by the Animal Control Authority, irrespective of the animal to which those citations apply.

(z)

Kennel means any lot or adjacent lot(s), or any building(s), structure(s), enclosure(s), or premises on the same or adjacent lot(s), wherein a total of seven or more sogs, four months of age or over, are kept or maintained for any purpose by a person (including without limit, natural persons, corporations, unincorporated associates or one or more persons,) including, but not limited to, any agency organized or operated for the welfare of animals. The term kennel shall not include an animal shelter operated or established by the Animal Control Authority or a veterinary hospital operated by a veterinarian licensed by the State of California.

(aa)

Kennel Operator means any person who owns, controls, or operates a kennel or any person who is responsible for or who participates in the control or operation of a kennel.

(bb)

Leash means any rope, leather strap, chain or other material not exceeding six feet in length capable of restraining at least four times the weight of the Animal being restrained, being held in the hand of a person capable of controlling and actually controlling the animal to which it is attached.

(cc)

Licensed Dog means a dog wearing its current dog license tag as required by this title.

(dd)

License Tag means a piece of metal or other durable material inscribed with a date and number which has been issued by the Animal Control Authority or other authorized agency.

(ee)

Outdoor Housing Facility means any structure or building, housing or intended to house animals, which does not meet the definition of indoor housing facility.

(ff)

Owner means any person who is the legal owner, keeper, harborer, possessor or the actual custodian of an animal. Ownership is also established by a person registering as the owner on a license or other legal document or by a person who claims to be the owner or custodian and who takes possession or custody of an animal.

(gg)

Primary Enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, or compartment, exclusive of any kennel house.

(hh)

Sanitize means to make physically clean and to remove and destroy, to the maximum degree that is practical, agents injurious to animal or human health.

(ii)

Stray means an animal which is at large.

(jj)

Substantial Injury means a substantial impairment of the physical condition of a person which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

(kk)

Vaccination means inoculating a dog with an approved, currently valid, anti-rabies vaccine, and wearing a current dog license tag indicating proof of such vaccination.

(ll)

Voice Control/Command means:

(1)

The owner has on his person or attached to the animal a chain, strap or cord enabling the owner to quickly put the animal on a leash; and

(2)

The animal is not more than 25 feet from the owner at any time; and

(3)

The animal will return to within three feet of the owner upon command; and

(4)

The animal will remain within three feet of the owner when other persons or animals are present.

If any of these four criteria are not met, an animal shall not be deemed under voice control/command, and unless on a leash, shall be deemed to be running at large.

(mm)

Wild Animal means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, non-human primate (monkey, chimpanzee, etc.) wolf, cougar, ocelot, wild cat, skunk, raccoon, ferret, venomous reptile, boa, python, anaconda, members of the Order Crocodilia, or other such animal (ferae naturae) irrespective of its actual or asserted state of docility, tameness, or domesticity.

(Ord. No. 2006-1268, 8-22-2006; Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Any person who violates any provision or fails to comply with any of the mandatory requirements of this title is guilty of an infraction, unless the provision states that a violation shall constitute a misdemeanor.

(b)

Each day on which a violation occurs or continues shall constitute a separate offense.

(c)

Upon the conviction of a person charged with a violation of any provision of this title classified as a misdemeanor, the court may order in addition to any other remedy authorized by law, that the convicted person be prohibited from owning, possessing, caring for, or having any contact with, animals of any kind for a period of up to three years, unless a longer period of time is ordered by a court with jurisdiction if the court deems such action as reasonably necessary to ensure animal or public health, safety and welfare.

Furthermore, the court may require the convicted person to immediately deliver all animals in his or her possession, custody or control, to the Animal Control Authority or other designated entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals.

(Ord. No. 2001-1112, 2-13-2001; Ord. No. 2002-1136, 3-12-2002; Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Fees shall be charged and collected by the Animal Control Authority for dog licensing and for other animal control services and enforcement. Such fees shall be collected by the Animal Control Authority and deposited apportioned according to an agreement between the City and the provider of animal control services. Such fees shall be established by resolution of the City Council.

The owner of any animal which is lawfully impounded shall pay all fees and expenses related to such impoundment including, but not limited to, impound, board, vaccination, examination, and any medical treatment fees for the animal, whether or not the animal is claimed.

(b)

A list of currently approved fees shall be filed with the City Clerk and the Clerk of the Board of Supervisors of the County and shall be available for public inspection.

(c)

Fees shall be paid when due unless the Director, in accordance with Animal Control Authority policy, authorizes a payment arrangement or waives such fees in full or in part.

Specified fees may be deferred subject to the conditions of the Animal Control Authority policy, if the owner claims an economic hardship or the lack of ability to pay the fees when due, provides satisfactory evidence of personal identification, and agrees to pay the fees within a 30-day period.

An owner claiming an economic hardship in paying the fees may submit an application for waiver on forms provided by the Animal Control Authority. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. Upon submittal of the completed forms, the fees may be waived if no disqualifying conditions, as set forth in the Animal Control Authority policy, exist. The Animal Control Authority may also waive fees if necessary in order to accomplish the protection of animal or public health, safety or welfare or if the owner provides satisfactory evidence that he/she was not at fault for the violation or incident which led to the Animal Control Authority action and that such action was not justified.

(Ord. No. 2002-1136, 3-12-02; Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Notices required by this title shall be served as provided herein except as otherwise provided by law. Service of such notice shall be deemed to have been completed upon personal delivery or:

(a)

Upon posting such notice at the last known address of the owner or his/her agent; or

(b)

Upon deposit of such notice addressed to the owner or his/her agent at the last known address, in the United States mail postage prepaid; or

(c)

In the case of notices required by Sections 6.24.110 (Impoundment and Abatement of Animals) or 6.24.220 (Hearings), upon deposit of such notice addressed to the owner or his/her agent at the last known address, in the United States mail as certified mail postage prepaid.

(Ord. No. 2002-1136, 3-12-02; Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

If any provision or clause of this title or application thereof is held invalid, such invalidity shall not offset other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Nothing in this title shall be construed as authorizing the keeping or maintaining of any animal that is otherwise prohibited or restricted by any law, regulation or permit requirement.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)