Santa Ana Municipal Code § 5-58 Dogs at large

Footnotes:

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State Law reference— Rabies control provisions, § 1900 et seq. Health and S. Code.

(a) No person or persons shall keep, harbor or maintain upon any one premises within the city more than three (3) dogs unless the person or persons shall comply with the commercial kennel requirements of this chapter.

(b) There shall be no exceptions to this section.

(Ord. No. NS-1020, § 1, 7-6-70 ; Ord. No. NS-1286, § 1, 1-5-76; Ord. No. NS-1324, § 1, 10-26-76; Ord. No. NS-2134, § 13, 7-1-91; Ord. No. NS-2249, § 1, 6-5-95; Ord. No. NS-2754, § 3, 7-16-07)

(a) A license fee is levied on all dogs over the age of four (4) months (except as otherwise hereinafter provided) owned, kept or harbored by, in the custody of, or under the control of any person within the city. The amounts of fee for neutered and unneutered dogs and exemptions therefrom, if any, shall be established by resolution of the council. Each license fee shall be paid to the director of finance. The license shall be valid for a period as set by the director of finance. The director of finance may provide for the renewal of dog licenses by mail.

(b) Any person who imports or brings into the city any dog with the intent to remain longer than one (1) month shall, within five (5) days after its arrival, cause the same to be vaccinated and licensed as herein provided.

(c) A penalty assessment shall be set by resolution of the city council from time to time and paid to the department of finance and charged against all persons who fail to secure said license within thirty (30) days after said license is required. Collection of said assessment shall be in conformity with the procedures established by the director of finance that are not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provision of this chapter.

(d) Said license fee shall be deemed a debt due the city from the owner, and in addition to the criminal penalties of this Code provided, such debt may be collected in the name of the city as any other debt may be collected.

The foregoing license fee shall not apply to any dog while kept in a duly licensed commercial kennel, nor to any specially trained guide dog, signal dog, or service dog as defined in Penal Code Section 365.5.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1261, § 2, 6-2-75; Ord. No. NS-1272, § 2, 9-2-75; Ord. No. NS-1974, § 1, 9-6-88; Ord. No. NS-2012, § 1, 7-17-89; Ord. No. NS-2134, § 14, 7-1-91; Ord. No. NS-2376, § 1, 12-14-98; Ord. No. NS-2483, § 2, 12-3-01)

Upon payment of the license fee, the finance department shall issue to the owner a license certificate and a tag for each dog so licensed. Every owner shall be required to provide each dog, not kept in a kennel or otherwise exempted, with a collar to which the license tag must be permanently affixed and shall see that the collar and tag are continuously worn by said dog. In case a dog license tag is lost or destroyed, a duplicate will be issued by the finance department upon presentation of the receipt showing payment of the license fee for the current license period and upon payment of the fee fixed for the issuance of such duplicate tag. No owner shall transfer any dog tag from one dog to another and no person shall place a dog tag upon any dog except the dog for which it was issued.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 22, 2-5-79; Ord. No. NS-1974, § 2, 9-6-88; Ord. No. NS-2134, § 15, 7-1-91)

The finance department shall keep a record of the license tags issued, which record shall contain a brief description and the name of the dog and the name and address of the owner.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 23, 2-5-79; Ord. No. NS-2134, § 16, 7-1-91)

The finance department shall not issue any license for any dog unless and until such dog has been vaccinated as herein defined and the owner or person seeking such a license shall produce for inspection a certificate from a licensed veterinarian showing vaccination that will be valid for the entire licensing period, which certificate may be accepted as proof of vaccination. Any dog may be exempt from vaccination and license issued therefor without such proof upon presentation of an affidavit sworn to within sixty (60) days preceding the application for license by a veterinarian licensed to practice and actually practicing in the state, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog described therein. No person shall allow any dog so exempted from rabies vaccination to be at large or be led about the streets on a leash at any time, and such dog must be restricted to the securely enclosed yard of the owner.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 24, 2-5-79; Ord. No. NS-2134, § 17, 7-1-91)

No person shall keep, harbor, or maintain upon his premises within the City of Santa Ana, or have title to any dog over four (4) months of age in the city which has not been vaccinated as herein required, except as otherwise herein provided.

(Ord. No. NS-1020, § 1, 7-6-70)

Editor's note— Ord. No. NS-2134, §§ 18 and 19, adopted July 1, 1991, repealed former §§ 5-56 and 5-57, which pertained to ordering restraint and allowing escape of biting dogs and derived from Ord. No. NS-1020, § 1, adopted July 6, 1970; and Ord. No. NS-1466, § 25, adopted Feb. 5, 1979.

(a) All dogs must be confined within a yard or other enclosure except as hereinafter provided.

(b) No person owning, keeping, or harboring any dog shall permit such dog to be on any public street or other public place within the city except when, such dog is wearing a collar and current license tag and is secured to and controlled by the person in charge of such dog by a leash of sufficient strength to support at least forty (40) pounds dead weight and having a length of not more than eight (8) feet; nor shall such person permit such dog to trespass or be upon the private property of any other person without the consent of such other person.

(c) Any person violating any of the provisions of subsections (a) or (b) of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as follows: By a minimum fine of not less than fifty dollars ($50.00) but not to exceed the maximum punishment for misdemeanors, except that upon a second conviction within one (1) year of a prior conviction for violation of said subsections, punishment shall be a minimum fine of not less than seventy-five dollars ($75.00) but not to exceed the maximum punishment for misdemeanors, and a third conviction within one (1) year of two (2) prior convictions shall be punishable by a minimum fine of not less than one hundred fifty dollars ($150.00) but not to exceed the maximum punishment for misdemeanors.

(d) No person owning, keeping or harboring any unspayed female dog shall permit such dog to be at large, be led on a leash, or tied or maintained at any place that is not securely fenced in a manner to keep out all other dogs while such female dog is in heat or breeding condition. Every female dog kept in violation hereof is declared to be a public nuisance and may be taken up, impounded, and delivered to the county pound and there released or disposed of as provided in this article. The provision for impounding shall be in addition to any punishment for the violation of this subsection.

(e) Any person violating the provisions of subsection (d) of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as follows: By a minimum fine of fifty dollars ($50.00) but not to exceed the maximum punishment for misdemeanors, except that upon a second conviction within one year of a prior conviction for violation of said subsection, punishment shall be a minimum fine of not less than seventy-five dollars ($75.00) but not to exceed the maximum punishment for misdemeanors, and a third conviction within one (1) year of two (2) prior convictions shall be punishable by a minimum fine of not less than one hundred fifty dollars ($150.00) but not to exceed the maximum punishment for misdemeanors.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1216, § 1, 8-5-74; Ord. No. NS-1527, § 2, 5-5-80; Ord. No. NS-1765, § 2, 3-18-85; Ord. No. NS-1788, § 1, 8-19-85; Ord. No. NS-2134, § 20, 7-1-91)

It is hereby declared to be a nuisance for any person to keep, maintain or permit on any lot, parcel of land, or premises under his/her control any animal, including a barking dog as defined in subsection 5-1(q), within the city limits which is in the habit of either disturbing the peace and quiet of any person within the city or interfering with any person in the reasonable and comfortable enjoyment of life or property. Every day a violation exists shall be regarded as a new and separate offense.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-2134, § 21, 7-1-91; Ord. No. NS-2818, § 2, 5-2-11)

(a) Any enforcement officer has the authority to issue an administrative citation pursuant to the procedures set forth in sections 1-21.1—1-21.9 of this Code to any responsible person for a noisy animal, including a barking dog, violation that the enforcement officer did not see or hear based upon a complaint signed under penalty of perjury lodged by a member of the community who has been disturbed by the noisy animal or barking dog. All noisy animal or barking dog complaints shall be lodged with the Santa Ana Police Department.

(b) Prior to issuing the administrative citation to the responsible person the enforcement officer shall send a warning notice via first class mail or shall personally serve upon the responsible person a warning notice giving the responsible person ten (10) days from the date of mailing or date of personal service in which to abate the public nuisance caused by the noisy animal or barking dog.

(c) The administrative citation shall contain the information set forth in section 1-21.5 of this Code.

(d) The responsible person shall have the right to appeal the administrative citation as set forth in section 1-21.8 of this Code.

(e) The procedures established in this section may be in addition to criminal civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code.

(Ord. No. NS-2818, § 3, 5-2-11)

Written complaints may be made by any person to the animal control officer alleging that any dog or other animal is a nuisance by reason of:

(1) Noise (as set forth in section 5-59 hereof);

(2) Nonrestraint (as set forth in sections 5-14 and 5-58 hereof);

(3) Viciousness (as set forth in section 5-72 hereof); or

(4) Due to the destruction or molestation of property by such dog or animal.

Such written complaint must be signed by at least two (2) unrelated persons over the age of eighteen (18) years and shall set forth:

(1) The names and addresses of the complainants;

(2) The reasons for the complaint;

(3) The name and address of the owner of the dog;

(4) The time and place the acts complained of occurred; and

(5) A listing of any damages which resulted, if any.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 26, 2-5-79; Ord. No. NS-2134, § 22, 7-1-91)

The animal control officer, upon receipt of a complaint as provided in section 5-60 of this Code, shall investigate and he may seek a criminal complaint.

The owner of a dog or other animal concerning which a complaint has been made in writing may submit to the animal control officer his written report in response to that of the complainant. Such response to the complaint may set forth:

(1) The owner's name and address;

(2) The owner's view of the facts or series of events which caused the original complaint; and

(3) An agreement to abide by all existing city ordinances.

The written response will be filed with the complaint and will be shown to any party named in the reports who requests to see them at the police department.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 27, 2-5-79; Ord. No. NS-2134, § 23, 7-1-91)

(a) No person shall establish, operate, maintain or have a commercial kennel within the city without an inspection permit.

(b) No commercial kennels shall be allowed in any area zoned residential pursuant to chapter 41 of this Code.

(c) Residential structures of one (1) story in height shall maintain a setback of one hundred (100) feet from any preexisting outside kennel runs of a preexisting kennel, and commercial kennels shall also maintain a setback of one hundred (100) feet from any preexisting residential structure.

(d) Residential structures of two (2) stories or more in height shall maintain a setback of two hundred (200) feet from any preexisting commercial kennel, and commercial kennels shall also maintain a setback of two hundred (200) feet from any preexisting structure of two (2) or more stories. These provisions will not apply to anyone who erects a residential structure of two (2) stories or more in height or to anyone who erects a commercial kennel if, in erecting the structure or kennel, that person:

(1) Provides a barrier that will impair the vision between the kennels and the residential structure to at least the same extent as if a 200-foot setback were used, and provides sufficient sound-retardant materials to produce no more than the same decibel level than if a 200-foot setback was maintained. The decibel level shall be measured both at the kennel and at the residential structure; or

(2) In the alternative, provides visual and sound standards that, in the opinion of the director of planning and development services, are equal to or greater than those required by the provisions of subsection (1) above.

(e) The residence of a commercial kennel operator or owner shall not be deemed a residential structure as applied in the language of this section.

(f) The development and occupation of buildings for human habitation within the distances prescribed above by others than the kennel owner or operator or grantees, directly or indirectly, from or through the kennel owner or operator following the proper establishment of kennels, shall not render the maintenance of such preexisting kennels unlawful by reason of the diminished separation of the kennel use and the use of buildings for human habitation.

(g) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has assured himself that the provisions of this section have been met.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-2134, § 24, 7-1-91; Ord. No. NS-2818, § 4, 5-2-11)

Any person desiring the issuance of an inspection permit for a commercial kennel within the City of Santa Ana shall make application to the finance department of the city on such forms as may be provided.

Upon such application being made, a nonrefundable payment of fifty dollars ($50.00) shall be made. Said payment is intended to defray the expense of the city in causing the inspection to be made.

The city shall cause an inspection to be made of the premises intended to be used or being used as a commercial kennel. If such inspection reveals that the use of the premises for any such purpose would not be detrimental to the public health, peace, safety, and general welfare of the city nor violative of any law or ordinance of the city, nor of any law of the State of California, or allow a condition to be maintained which would subject animals in such condition to needless suffering, unnecessary cruelty, abuse, or unsanitary conditions, the city may grant and issue said inspection permit.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-2134, § 25, 7-1-91)

No inspection permit shall be transferred from the inspected premises to another location, nor from the named permittee to another person.

(Ord. No. NS-1020, § 1, 7-6-70)

The inspection permit issued for any premises within the city shall expire annually unless sooner revoked or suspended for cause by the animal control officer or unless the establishment ceases business.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 28, 2-5-79; Ord. No. NS-2134, § 26, 7-1-91)

The animal control officer may revoke or suspend any inspection permit for the following reasons:

(a) Violation by permittee of any law of the State of California or of any ordinance of the City of Santa Ana;

(b) Failure to provide any animal in permittee's possession with proper and sufficient food, drink, shelter and protection from the elements;

(c) Subjecting said animal to cruel or abusive treatment; or

(d) Failure to maintain the premises in a clean and sanitary condition.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 29, 2-5-79)

A permittee whose permit has been suspended or revoked may at any time make application to the animal control officer for reinstatement of the inspection permit; the animal control officer shall make a reinspection. If the applicant is complying with the requirements of this article and other applicable ordinances, laws, and regulations of the City of Santa Ana, the permit shall be reinstated.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1466, § 30, 2-5-79)

A permittee whose permit has been denied reinstatement may appeal to the city council as provided in Chapter 3 of this Code.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-1235, § 33, 12-9-74)

(a) The premises where animals and birds are kept shall be ventilated to the external air by forced draft ventilation or other approved means and shall be adequately lighted.

(b) All premises, implements, cages, and appurtenances shall be kept clean, sanitary, and free of animal and bird parasites and other health hazards.

(c) Properly plumbed, sewer-connected sinks having an adequate supply of hot and cold water readily accessible to the portions of the premises in which the animals or birds are kept shall be provided.

(d) All garbage, excreta, refuse, dead birds or animals, and other putrescible material shall be stored in a durable, fly-tight container and disposed of as soon as practicable, but not less than once a week, and in an approved manner.

(e) All cages in which birds or animals are kept shall be constructed of durable material and in such a manner as to be readily cleaned and disinfected with approved solutions, live steam, or other approved means.

(f) Cages in veterinary clinics and hospitals shall be similarly designed and constructed and, in addition, each occupied cage shall be cleaned and disinfected at least once each day. Animals receiving medical care and quarantined animals shall not be commingled.

(Ord. No. NS-1020, § 1, 7-6-70; Ord. No. NS-2134, § 27, 7-1-91)

(a) No portion of any kennel or veterinary hospital in which animals or birds are kept, caged, or boarded shall be used for human habitation.

(b) Food for human consumption shall not be prepared or served in the same room in which animals or birds are kept, caged, or boarded.

(Ord. No. NS,1020, § 1, 7-6-70)

The regulations contained in this article shall not be used to interfere with a licensed veterinarian in the practice of his profession, but such veterinarian shall comply with the sanitation provisions set forth herein.

(Ord. No. NS-1020, § 1, 7-6-70)

(a) General provisions.

(1) If the animal services officer or police officer has cause to believe that a dog is a "vicious dog or potentially dangerous dog" within the meaning of section 5-72.1, he or she may tentatively find and declare such dog a "vicious dog or potentially dangerous dog."

(2) Upon tentatively finding and declaring that a dog is a "vicious dog or potentially dangerous dog," the animal services officer or police officer shall notify the owner and/or custodian in writing of his or her tentative finding and declaration.

(3) The notice shall inform the owner and/or custodian of such dog that he or she may request a hearing in writing in accordance with chapter 3 of this Code within ten (10) days of receipt of such notice to contest the tentative finding and declaration.

(4) Failure of the owner and/or custodian to request a hearing pursuant to subsection (a)(3) of this section or failure to comply with the conditions and restrictions of the declaration shall result in the declaration becoming final and may result in the destruction of the dog.

(5) The possession or maintenance of a "vicious dog or potentially dangerous dog," or the allowing of any such dog to be in contravention of this division, is hereby declared to be a public nuisance. The Santa Ana Police Department is hereby authorized and empowered to impound and/or abate any "vicious dog or potentially dangerous dog" independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian of specific reasonable restrictions and conditions for the maintenance of the dog. The restrictions and conditions may include but are not limited to:

a. Obtaining and maintaining liability insurance in the amount of one hundred thousand dollars ($100,000.00) against bodily injury or death or damage to property and furnishing a certificate or proof of insurance by which the Santa Ana Police Department shall be notified at least ten (10) days prior to cancellation or nonrenewal or, at the owner's or custodian's option, the filing with the Santa Ana Police Department of proof of a bond in the amount of one hundred thousand dollars ($100,000.00), to be able to respond in damages.

b. Requirements as to size, construction and design of the dog's enclosure.

c. Location of the dog's residence.

d. Requirements as to type and method of restraints and/or muzzling of the dog.

e. Photo identification or permanent marking of the dog for purposes of identification, such as a tattoo or microchip, may be required.

f. Requirements as to the posting of a warning notice or notices conspicuous to the public warning persons of the presence of a vicious dog.

g. Payment of a fee or fees as established by resolution of the city council to recover the costs of enforcing the provisions of this Code as applied to the regulation of vicious dogs.

(b) Notification of right to hearing. At least five (5) working days prior to impoundment and/or abatement, the owner or custodian shall be notified in writing of his or her right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subsection (a) of this section. If the owner or custodian requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place pending decision following a hearing, except as provided in subsection (c) of this section. Pending such impoundment and/or abatement hearing and decision, the Santa Ana Police Department may order the owner or custodian to keep the dog within a substantial enclosure as deemed necessary under the circumstances. The Santa Ana Police Department may also order the owner or custodian to post and keep posted upon the premises where such dog is kept under restraint, a warning notice pending such impoundment and/or abatement hearing and decision by the Superior Court. The form, content and display of such notice shall be specified by the Santa Ana Police Department. Any hearing under this subsection shall be conducted in accordance with chapter 3 of this Code.

(c) Immediate impoundment. When, in the opinion of the animal services officer or police officer, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of this Code or state law, the preimpoundment hearing shall not be required; however, the owner or custodian shall be given written notice allowing ten (10) days from receipt of such notice to request in writing an abatement hearing. If requested, a hearing shall be held within ten (10) working days of receipt of the request, and the dog shall not be disposed of prior to the decision following such hearing. A hearing under this subsection shall be conducted in accordance with chapter 3 of this Code, except as otherwise indicated. If, after ten (10) days following receipt of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law.

(d) Initial hearing and appeal.

(1) Initial hearing. Any hearing requested or conducted pursuant to this section shall be requested and conducted in accordance with chapter 3 of this Code, unless otherwise stated herein.

(2) Appeal. After any hearing conducted pursuant to subsection (1), any party to the hearing may, within ten (10) days of the receipt of the notice of determination, appeal the decision of the hearing entity of original jurisdiction to the Orange County Superior Court. Any such appeal shall be requested and conducted in accordance with California Food and Agriculture Code Sections 31601, et seq.

(3) The Santa Ana Police Department shall have the discretion, in any event, to directly petition the Superior Court to seek a determination whether or not the dog in question should be declared potentially dangerous or vicious. The Santa Ana Police Department shall follow the procedures set forth in California Food and Agriculture Code Sections 31601, et seq. for this purpose.

(e) Change of circumstances. In the event of changed circumstances, the Santa Ana Police Department may amend or rescind any abatement and/or impoundment imposed pursuant to subsection (a)(5) of this section. Any such revision to the abatement and/or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (b) and (c) of this section.

(f) Change of ownership, custody and/or residence. Owners of a vicious dog or potentially dangerous dog who sell or otherwise transfer the ownership, custody or residence of the dog shall at least ten (10) days prior to the sale or transfer, inform the Santa Ana Police Department in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing of the details of the dog's record, terms and conditions of maintenance and provide the Santa Ana Police Department with a copy thereof containing an acknowledgment by the new owner or custodian of his or her receipt of the original. The Santa Ana Police Department shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (a)(5) of this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections (b) and (c) of this section.

(g) Possession unlawful. It is unlawful to have custody of, own or possess a vicious dog or potentially dangerous dog within the meaning of section 5-72.1 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.

(h) Declared vicious dog or potentially dangerous dog. It shall be unlawful for the owner and/or custodian of a dog declared vicious or potentially dangerous pursuant to subsection (a) to fail to comply with any requirements or conditions imposed pursuant to subsection (a)(5) of this section. If a vicious or potentially dangerous dog escapes, the owner and/or custodian shall immediately notify the Santa Ana Police Department. The dog shall be seized by the Santa Ana Police Department pending an investigation and may be destroyed.

(Ord. No. NS-2818, § 5, 5-2-11)

Editor's note— Ord. No. NS-2818, § 5, adopted May 2, 2011, amended section 5-72 in its entirety to read as herein set out. Formerly, section 5-72 pertained to vicious dogs and derived from Ord. No. NS-1527, § 3, adopted May 5, 1980; Ord. No. NS-2134, § 28, adopted July 1, 1991, and Ord. No. NS-2439, § 2, adopted September 1, 2000.

(a) Potentially dangerous dog means any of the following:

(1) Any dog which, when unprovoked, after two (2) separate documented bites within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner or custodian of the dog.

(2) Any dog which, when unprovoked, bites a person causing any injury less severe than a "severe injury." Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal, horse, or livestock.

(b) Vicious dog means any of the following:

(1) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being, whether the person and the dog are on or off the property of the owner or custodian of the dog.

(2) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior of a "potentially dangerous dog" as set forth above, or is maintained in violation of the conditions and restrictions placed upon the dog as a "potentially dangerous dog."

(c) Provided, no dog may be determined to be a vicious dog if any such bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.

(d) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity.

(Ord. No. NS-2818, § 6, 5-2-11; Ord. No. NS-2912, § 2, 3-7-17)

The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirements of the zoning regulations contained in Chapter 41 of this Code. Any permit issued under the provisions of this chapter shall not operate to authorize the keeping or maintaining of animals or wild animals in any zoning district where the use of land for such purposes is not authorized by the then applicable zoning regulations for such districts.

(Ord. No. NS-1720, § 5, 4-2-84)

Editor's note— Ord. No. NS-2818, §§ 7, 8, adopted May 2, 2011, repealed the former sections 5-74 and 5-75 in their entirety, which pertained to public nuisance—barking dog, and enforcement—barking dog, respectively, and derived from Ord. No. NS-2754, § 4, adopted July 16, 2007.

(a) Shelter requirements. It shall be unlawful for any person to keep, house, or maintain any dog outdoors on any premises within the city unless the dog has access at all times to an enclosed building or a shelter which meets all of the following requirements:

(1) It is weatherproof meaning that it keeps the dog dry when it rains and provides sufficient protection from the sun so that the dog will not overheat;

(2) It has a floor that is level and dry;

(3) It is composed of material that will not result in injury to the dog;

(4) It is maintained in a condition that will not result in injury to the dog;

(5) It contains bedding material which is kept clean and dry;

(6) It allows the dog easy access in and out;

(7) It is cleaned and maintained in a manner designed to insure sanitary conditions, including but not limited to, removal of excrement, removal of urine, and treatment of area for flies, fleas, ticks, and parasites as necessary.

(b) Water requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the city unless the dog has access at all times to clean and fresh drinking water.

(1) If the water is in a container, this container shall be designed, secured, placed and maintained in a manner that prevents tipping and spilling of the water;

(2) Water containers shall be kept clean and sanitary, out of the sun, and shall be emptied and refilled regularly with fresh water.

(c) Feeding requirements. It shall be unlawful for any person to keep, house, or maintain any dog on any premises within the city without providing food daily to maintain proper body weight and good general health. The food shall be:

(1) Free from contamination;

(2) Wholesome, palatable, and of sufficient quality, quantity, and nutritive value to meet the normal daily requirements for the age, size, and breed of the dog;

(3) Easily accessible to the dog;

(4) Maintained in a sanitary condition.

(d) Tethering requirements. It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to a house, tree, garage, stake, fence, or other object except in circumstances where all of the following requirements are met:

(1) The tethering, fastening, chaining, tying, and restraining is not accomplished by means of using a choke type of collar;

(2) The tethering, fastening, chaining, tying or restraining shall not exceed three (3) hours in any 24-hour period;

(3) The length of the tether or implement used to restrain the dog is not less than three (3) times the length of the dog's body measured from the tip of the dog's nose to the end of the dog's tail;

(4) The tether or implement used to restrain the dog is free from entanglement;

(5) The dog has access to water, food, and shelter as described in this section;

(6) The dog is monitored periodically.

(e) Leaving in unattended vehicle. It shall be unlawful for any person to leave any animal in any standing or parked vehicle in such a way to endanger the animal's health, safety or welfare. An animal control officer or police officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal's health, safety or welfare is or will be endangered if the owner of the vehicle cannot be located after reasonable attempts. The animal shall be taken to the shelter or to a veterinarian if the animal is in distress. A written notice bearing the name of the officer removing the animal, a telephone number where the officer can be contracted, and the location where the animal may be claimed by the owner shall be attached to the vehicle. Any person violating this section shall bear the full cost and expense incurred by the city in the care, medical treatment, impoundment cost and/or disposal of said animal, including removal from and/or damage done to the vehicle.

(f) Exceptions. These provisions of this section shall not apply to the following:

(1) Government agencies;

(2) Non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3);

(3) Humane societies or societies for the prevention of cruelty to animals if incorporated under the provisions of the California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; or

(4) Permitted dog or cat shows.

(Ord. No. NS-2754, § 5, 7-16-07; Ord. No. NS-2818, § 9, 5-2-11)

It shall be unlawful for any person, whether willful or as a result of failure to exercise due care, having custody or control of any dog to permit that dog to defecate in a public area, any area open to the public, or any private property without the property owner's consent, without immediately removing the feces and disposing of it in a sanitary manner.

(Ord. No. NS-2754, § 6, 7-16-07)