Santa Barbara County Municipal Code § 7-8 Certain animals on sidewalks

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

Animal. Any live, vertebrate creature other than a human being.

Animal Control Officer. Any county employee designated by resolution of the board of supervisors as primarily responsible for animal control and regulation.

Animal Control Supervisor. The county employee designated by the board of supervisors as the county employee responsible for the direct supervision of animal control officers and/or animal shelter operations.

Animal Services. The county of Santa Barbara Animal Services program.

Animal Services Director. The county employee designated by the board of supervisors as the county employee responsible for the administration and operations of the animal services program.

Cattery. Any premises or area where four or more cats four months of age or older are kept and cared for; provided, that this definition shall not include a duly licensed veterinary hospital, a humane society facility or any county facility.

County. The county of Santa Barbara and if the context so indicates county employees designated to carry out the provisions of this chapter.

Domestic Animal. An animal that has been tamed and kept by humans as a work animal, food source, companion animal or a pet.

Grooming Shop. Any commercial establishment, including mobile grooming businesses, where animals are bathed, clipped, plucked or otherwise groomed; provided, that this definition shall not include a duly licensed veterinary hospital, a humane society facility or any county facility.

Impound. Under the control and in the possession of the county.

Kennel. Any premises or area where four or more dogs four months of age or older are kept and cared for; provided, that this definition shall not include a duly licensed veterinary hospital, a humane society facility or any county facility.

Optional Cat License. Voluntary license for an altered cat for up to three years or the term of the rabies vaccination.

Pet Store. Shall be defined as set forth in the State Health and Safety Code Section 122350(i).

Protective Custody. Animals that are impounded under exigent circumstances when no animal control violation has occurred. Some examples include owner arrested, owner hospitalized, owner died, automobile accident, owner is at a shelter, vehicle impound, law enforcement activity, or disaster such as house fire or flood.

Quarantine. The confinement of any animal in such a manner so the animal may not expose to contagious disease or injure any person or other animal.

Relinquished. An animal whose owner has given up ownership to a county animal services shelter.

Restraint. Secured by an adequate leash or lead six feet in length or less and under the immediate control of a responsible person, or physically confined on or within the premises of the owner or custodian of the animal.

Rooster keeping operation. Any premises or area where more roosters are kept than allowed under section 7-67. This definition shall not include a duly licensed veterinary hospital, animal-welfare organizations as approved by the animal services director, public or private schools, any county facility, or any commercial poultry ranches whose primary commodity is the production of eggs or meat for sale and that are regulated by the United States Department of Agriculture (USDA) Food Safety Inspection service.

Stray. A domestic animal not kept under restraint.

(Ord. No. 4948, 11-17-2015; Ord. No. 5200, § 1, 1-23-2024)

The amount of any charge, fee and penalty relating to county animal services shall be set by the board of supervisors of the county by ordinance.

(Ord. No. 4948, 11-17-2015)

(a) It shall be unlawful for any person to interfere with, molest, hinder, resist or obstruct an animal control officer during the performance of his/her duties.

(b) While performing his/her duty an animal control officer shall carry identification which indicates his/her status as an animal control officer.

(c) Upon request of an animal control officer, all county employees including but not limited to peace officers shall assist animal control officers in the performance of their duties.

(d) Animal control officers shall have the duty to enforce the provisions of this chapter and applicable state or local animal control laws.

(e) An animal control officer may arrest without a warrant any person whom he/she has probable cause to believe has committed in his/her presence a misdemeanor or infraction which is in violation of the provisions of this chapter or of applicable state or local animal control laws.

(f) An animal control officer may serve warrants as specified in California Penal Code Sections 1523 and 1530 during the course and within the scope of their employment.

(g) Animal control officers will successfully complete training in Penal Code 832 within the first year of employment.

(Ord. No. 4948, 11-17-2015)

County employees may go in or upon private property to carry out the provisions of this chapter; provided, that except in cases of emergency, they shall not enter occupied living quarters without either first obtaining (1) the consent of an adult occupant, or (2) authorization from a court of law having jurisdiction to grant the same.

(Ord. No. 4948, 11-17-2015)

The animal services director shall adopt standards for the proper care and comfort of animals kept in kennels, catteries, or rooster keeping operations and may adopt rules and regulations necessary to carry out the proper and orderly administration of county animal control and regulation laws.

(Ord. No. 4948, 11-17-2015; Ord. No. 5200, § 1, 1-23-2024)

(a) It shall be unlawful to establish or maintain a kennel, cattery, rooster keeping operation, pet shop or grooming shop without having obtained a county kennel, cattery, rooster keeping operation, pet store or grooming shop permit.

(b) A kennel, cattery, or rooster keeping operation permit shall be granted only after the animal services director or designee has determined that:

(1) The facilities of the kennel, cattery, or rooster keeping operation meet the standards adopted pursuant to section 7-5 that are set forth for the proper care and comfort of the animals;

(2) The location of the kennel, cattery, or rooster keeping operation is a permitted use under applicable county zoning ordinances; and

(3) The current year's kennel, cattery, or rooster keeping operation permit fee has been paid.

The permit fee for kennel, cattery, or rooster keeping operation shall be purchased annually and shall be due on the first day of January of each year.

(c) A pet store or grooming shop permit shall be granted only after the animal services director or designee has determined that:

(1) The pet store or grooming shop meets the standards set forth in Penal Code Section 5971;

(2) The location of the pet store or grooming shop is a permitted use under applicable county zoning ordinances; and

(3) The current year's pet store or grooming shop permit fee has been paid.

The permit fee for a pet store or grooming shop shall be purchased annually and shall be due on the first day of January of each year.

(Ord. No. 4948, 11-17-2015; Ord. No. 5200, § 1, 1-23-2024)

Editor's note— Ord. No. 5200, § 1, adopted January 23, 2024, changed the title of section 7-6 from "Kennel, cattery, pet store and grooming shop permits generally" to "Kennel, cattery, rooster keeping operation, pet store and grooming shop permits generally." The historical notation has been preserved for reference purposes.

(a) The kennel, cattery, rooster keeping operation, pet store or grooming shop will be provided notice of a violation that could lead to revocation of the permit. The notice will include what is required to cure the violation and shall set forth a deadline for compliance.

(b) The permit for the establishment or maintenance of a kennel, cattery, or rooster keeping operation may be revoked by the animal services director or designee upon his/her determination that:

(1) The facilities for the proper care and comfort of the animals no longer meet the established standards; or

(2) That the location of the kennel, cattery, or rooster keeping operation is not a permitted use under the applicable county zoning ordinances; or

(3) The annual permit fee for a kennel, cattery, or rooster keeping operation has not been paid within thirty days after it is due.

(c) The permit for the establishment or maintenance of a pet store or grooming shop may be revoked by the animal services director or designee upon his/her determination that:

(1) The facilities for the proper care and comfort of the animals no longer meet the standards set forth in the Penal Code Section 5971; or

(2) That the location of the pet store or grooming shop is not a permitted use under the applicable zoning ordinances; or

(3) The annual permit fee for a pet store or grooming shop has not been paid within thirty days after it is due.

(Ord. No. 4948, 11-17-2015; Ord. No. 5200, § 1, 1-23-2024)

It shall be unlawful for any person to ride or drive or cause to be ridden or driven any bovine, horse, mule, burro, sheep, goat or swine on any sidewalk. The term "sidewalk" shall not include any public riding or hiking trail.

(Ord. No. 4948, 11-17-2015)

No person owning or having custody or control of any animal shall knowingly or through failure to exercise due care or control permit such animal to defecate or commit any other nuisance, and allow such nuisance to thereafter remain on any beach, in any public park, or other public property, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied, without the consent of the owner or person in lawful occupation thereof. A person shall not be considered in violation of this Section if the person has the necessary equipment, i.e., shovel, bag, etc., readily available and does take immediate and necessary action to accomplish the removal of such nuisance.

It shall be unlawful for any person to own or maintain any cage, hutch, aviary, place, property or area in which any animal is kept in an unsanitary manner due to the accumulation of feces, urine, uneaten food or other matter that is harmful to the health, safety or welfare of the animal, other-animals or any human being. Any feces, uneaten food, or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily, not be allowed to accumulate and shall be properly disposed of.

(Ord. No. 4948, 11-17-2015)

Violation of any provisions contained in articles I, II and III of this chapter which are declared to be unlawful shall be an infraction. Every violation determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars for a first violation, (2) a fine not exceeding two hundred dollars (for a second violation of the same ordinance within one year), (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. Such fine shall be in addition to any required fees or deposits.

(Ord. No. 4948, 11-17-2015)