Santa Paula Municipal Code Ch. 91 Animals

This chapter is adopted pursuant to the city's police powers, and applicable provisions of the California Code, for the purpose of protecting public health and safety; the health and safety of animals kept within the city's jurisdiction; and ensuring that the requirements of this Title 9 are enforced.

(Ord. 1224, passed 2-16-10)

Unless the contrary is stated or clearly appears from the context, the following definitions, in addition to those set forth in this chapter govern the construction of the words and phrases used in this title:

ANIMAL SERVICES COORDINATOR means that individual designated by the police chief who is responsible for all duties relating to operation of an animal pound, including, without limitation, capturing, holding and releasing animals violating any provision of this code.

AT LARGE means whenever an animal or dog is elsewhere than on the premises of the owner or other person having the custody or control of such animal or dog and is not restrained by a leash or chain six feet or less in fixed length under the control of a person capable of controlling such animal or dog.

DOG means both male and female dogs.

KENNEL means a place where six or more adult dogs or cats or any combination thereof, are kept, whether by owners of the dogs and cats or by persons providing activities and care, whether or not for compensation. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months.

OWN includes the terms keep, maintain, control, harbor, or possess.

OWNER means any natural or artificial person who owns an animal for more than 15 days.

POTENTIALLY DANGEROUS DOG means any of the following:

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

(2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Cal. Food & Agric. Code § 31604.

(3) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

VICIOUS DOG means any of the following:

(1) Any dog seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner or keeper under Cal. Penal Code § 597.5(a).

(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

(3) 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 described in the definition of "potentially dangerous dog" in this section, or is maintained in violation of Cal. Food & Agric. Code §§ 31641, 31642, or 31643.

(Ord. 1224, passed 2-16-10)

It is lawful for a person to own the following animals within the city:

(A) Canaries, pigeons, doves or birds of the psittacine family kept as household pets or as a hobby only, not exceeding ten in number, when kept in facilities that are humane and adequate as to noise, sanitation and security;

(B) Fish and turtles kept as household pets or as a hobby only;

(C) Hamsters, white rats or guinea pigs as household pets or as a hobby only, not exceeding ten in number and the young thereof not exceeding three months in age;

(D) Hen chickens, kept as household pets or as a hobby, not to exceed five in number when kept in facilities that are humane and adequate as to noise, sanitation and security;

(E) Rabbits as household pets or as a hobby only, not exceeding four in number and the young thereof not exceeding four months in age; and

(F) In any residential dwelling, dogs and cats not to exceed three in number for each residential living unit in any combination thereof and the young thereof not exceeding four months in age.

(Ord. 1224, passed 2-16-10)

Unless otherwise provided in this chapter, it is unlawful for any person to keep, maintain, possess, or control any poisonous or venomous snake or any wild, carnivorous animal.

(Ord. 1224, passed 2-16-10)

It is unlawful for any owner to allow their animal to be at large.

(Ord. 1224, passed 2-16-10)

Every owner within the city or any person, who owns, conducts, manages or operates any kennel or animal breeding operation for which a permit is required by this title, must comply with each of the following conditions:

(A) Housing facilities for animals must be structurally sound and must be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

(B) All animals must be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

(C) All animals and all animal buildings or enclosures must be maintained in a clean and sanitary condition.

(D) All animals must be maintained as to eliminate excessive and nighttime noise.

(E) No animals must be without attention more than 12 consecutive hours. Whenever an animal is left unattended at a kennel, the telephone number of the police department, or the name, address and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.

(F) Every reasonable precaution must be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

(G) No condition must be maintained or permitted that is or could be injurious to the animals.

(H) Animal buildings and enclosures must be constructed and maintained to prevent the escape of animals. All reasonable precautions must be taken to protect the public from the animals and the animals from the public.

(I) Every animal establishment must isolate sick animals sufficiently to not endanger the health of other animals. Sick animals must be isolated from the other animals at all times.

(J) Every building or enclosure wherein animals are maintained must be constructed of material easily cleaned and must be kept in a sanitary condition. The building must be properly ventilated to prevent drafts and to remove odors. Heating and cooling must be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.

(K) Such persons must take any animal to a veterinarian for examination or treatment, if the director finds it is necessary to maintain the health of the animal.

(L) All animal rooms, cages, kennels and runs must be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

(M) Every violation of an applicable regulation must be corrected within a reasonable time to be specified by the police chief.

(N) Such persons must provide proper shelter and protection from the weather at all times.

(O) Such persons cannot give an animal any alcoholic beverage, unless prescribed by a veterinarian.

(P) Such persons cannot allow animals that are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or near each other to cause injury, fear or torment. If two or more animals are trained that they can be placed together and do not attack each other or perform or attempt any hostile act to others, such animals will be deemed not to be natural enemies.

(Q) Such persons cannot allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal.

(R) Such persons cannot allow any animal to cause a hazard, or be a menace to the health, peace or safety of the community.

(Ord. 1224, passed 2-16-10)

Any animal which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages or trespasses on private or public property, barks, whines or howls in an excessive, continuous or untimely fashion, is a public nuisance.

(Ord. 1224, passed 2-16-10)

Any animal found trespassing upon private property may be captured by the party owning, controlling or having possession of the ground or premises, or by the agent or representative of the person, and committed to the Animal Services Coordinator to be dealt with as provided in this chapter. Any person taking up the stray animal or fowl found running at large or trespassing upon any property, ground or premises owned, controlled or in possession of the person must promptly notify the Animal Services Coordinator of such capture and it is unlawful for any such person to fail or refuse to surrender the animal to the Animal Services Coordinator upon demand.

(Ord. 1224, passed 2-16-10)

(A) Compliance; permit. It is unlawful for any person to keep or maintain, or have in possession or under control in the city any animal except as permitted by this chapter.

(B) Permit for keeping animals. The Animal Services Coordinator may issue a permit to persons wishing to keep types of animals not identified in this chapter or a greater number of animals than allowed by this chapter.

(Ord. 1224, passed 2-16-10)

An application for a permit must be initiated by filing a verified application on a form furnished by the Animal Services Coordinator. At a minimum, the application must include the following information:

(A) The applicant's name, address, and telephone number;

(B) The type and number of animals for which a permit is requested;

(C) The type and number of other animals kept on the premises;

(D) The type and location of caging, if applicable; and

(E) Other information reasonably required by the Animal Services Coordinator. The Animal Services Coordinator will investigate the permit application as appropriate.

(Ord. 1224, passed 2-16-10)

The Animal Services Coordinator will issue or renew the permit if:

(A) Issuing a permit will not adversely affect the public peace, health or safety;

(B) Keeping of the animal will not violate any applicable laws; and

(C) The facilities for keeping such animals are humane and adequate under the circumstances as to noise, security and sanitation.

(Ord. 1224, passed 2-16-10)

All licenses issued pursuant to this chapter expire one year from the date of issue.

(Ord. 1224, passed 2-16-10; Am. Ord. 1241, passed 1-17-12)

(A) License required; exceptions.

(1) Except as provided in this chapter, it is unlawful for any person to own any dog without obtaining an annual city license.

(2) It is not necessary to purchase a license or to pay a license fee for any dog under the age of four months.

(3) The license fee does not apply to any dogs kept or maintained exclusively in any dog kennel in the city.

(4) Any dog brought into the city which is duly licensed by Ventura County is exempt from being licensed by the city until the county license expires.

(B) Annual license fees. The annual license fee for keeping and maintaining an unaltered dog or for a spayed or neutered dog (if a certificate is presented from a licensed veterinarian verifying that the dog has been spayed or neutered) will be set from time to time by Ventura County Animal Services. As per state code, a rabies certificate for the licensed dog must be in effect at the time of licensing and be valid for the entire 12-month period of the annual license.

(C) Seeing eye or guide dogs. Seeing eye or guide dogs are those dogs that have been especially trained to lead and aid the blind or deaf. Any blind or deaf person having custody of such a dog may keep and harbor the dog within the city by obtaining a license to keep the dog as provided herein, and may lawfully take the dog into any food establishment within the city. There will be no fee charged for such dogs upon proof of anti-rabies vaccination.

(D) Date payable; proration; penalty.

(1) License fees required to be paid by this chapter are payable at the time a license is initially issued or upon renewal.

(2) Any license fee due pursuant to this chapter remaining unpaid for a period of thirty (30) days will be charged a penalty of fifty percent (50%) of the license fee. That penalty will be collected by the police chief or designee at the time of the collection of the license fee, and is in addition to the principal sum. In determining whether or not a penalty accrued under the provisions of this chapter, the police chief or designee may require an affidavit from any person claiming exemption from the payment of any penalty, which affidavit will set forth the facts upon which the claim for the exemption is based.

(E) Failure to pay license fee. Whenever any person owning, harboring or having the care or custody of any dog fails to pay the license fee provided and specified in this chapter for the dog, the director may cause the dog to be seized and kept in the public pound for the period and in the manner and upon the terms, conditions and requirements as specified in this chapter.

(F) Exception. Animals, other than dogs, are not required to be licensed pursuant to this chapter.

(Ord. 1224, passed 2-16-10; Am. Ord. 1241, passed 1-17-12)

Any person dissatisfied with the decision of the Animal Services Coordinator may file an appeal of such decision with the police chief by filing a written notice of appeal in letter form accompanied by a filing fee in an amount set by resolution of the city council, said fee to cover the cost of posting, postage, advertising and other costs incident to the proceedings. Said notice of appeal must be filed within ten days after the Animal Services Coordinator renders a decision. Failure to appeal a decision within this time period waives a person's appeal rights.

(Ord. 1224, passed 2-16-10)

(A) Hearing notice. When an appeal is filed, the police chief will give notice of a public hearing by mailing a letter notice, first-class mail with postage prepaid, to the applicant and to the owners of property abutting the boundary of the property that is the subject of the application for an animal permit, using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll of the county. Such notice will contain the address, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will be held.

(B) Determination by Police Chief. The Police Chief or his or her designee as hearing officer will hear evidence regarding the request for an appeal of the decision of the Animal Services Coordinator and take the matter under advisement.

(C) Notice of determination. Not later than 15 days following the determination of the Police Chief that an appeal be granted or denied, a copy of the determination will be mailed to the applicant and to any other person requesting notice of the action.

(D) Decision final. Any action by the Police Chief on appeal will be a final decision. There is no right of city council appeal.

(Ord. 1224, passed 2-16-10)

Any permit issued pursuant to the provisions of this chapter may be revoked by the Animal Services Coordinator, if the Animal Services Coordinator finds:

(A) That the permit, or a prior permit of which the permit is an extension was obtained by fraud; or

(B) That the permittee violated the law in keeping such animal; or

(C) That the animal or animals endanger the public peace, health or safety.

(Ord. 1224, passed 2-16-10)

(A) Contents. Each year the city will procure a sufficient number of suitable metallic license tags to meet the requirements of this chapter, numbered from one upward consecutively, on which tags will be stamped the date of their expiration and the license number, and will issue the same to the director in consecutive order as may be required.

(B) Duplicate. The City Council will by resolution establish a fee for issuing a license and metallic tag to replace a lost license or tag.

(C) Affixing to dog collar. The owner of any dog upon which the license fee has been paid will securely fasten the metallic license tag upon a suitable collar and securely fasten the collar with the tag attached thereto upon the dog. A dog harness or other device may be substituted in lieu of the collar, if so desired.

(Ord. 1224, passed 2-16-10)

The city will print a sufficient number of applications to meet the requirements of this chapter. The applications will provide for the description of the dog for which the license fee is paid, the number of the metallic license tag which has been issued for the dog and also the name and address of the owner of the dog. The receipts will also designate the rabies vaccination date and tag number and the sex of the dog for which the license fee has been paid.

(Ord. 1224, passed 2-16-10)

The police chief may suspend or revoke any dog license issued under the provisions of this chapter, if at any time the Police Chief finds that any dog described or referred to in any dog license, or for which any dog license has or may be issued under this chapter is vicious, dangerous or likely to bite or injure any person.

(Ord. 1224, passed 2-16-10)

(A) It is unlawful for any person owning or having charge, custody, possession or control of any dog to cause, permit or allow the dog to run at large in or upon any highway, street, lane, alley, court or other public place, or in or upon any private property or premises, other than those of the person owning or having charge, custody, possession or control of the dog within the city, unless the dog is restrained by a leash or chain six feet or less in fixed length and is in charge, custody, possession or control of a competent person.

(B) This provision will not apply to public areas of the city officially designated as a "dog park" or to police service dogs while such dogs are under the control of a peace officer.

(Ord. 1224, passed 2-16-10)

(A) It is unlawful for the owner or person having custody of any dog to suffer, permit or allow such dog to defecate on any public or private property in the city without the consent of the owner or person in lawful possession of the property.

(B) It is unlawful for the owner or person having custody of any dog that defecates on any public or private property in the city without consent of the owner or person in lawful possession of the property or on any public property in the city to fail to immediately remove the feces and dispose of the feces in a sanitary manner, by placing it in a closed or sealed container and thereafter fail to deposit the feces in a trash receptacle.

(Ord. 1224, passed 2-16-10)

(A) Vaccination required; exception. Every dog in the city over the age of four months must be vaccinated against rabies.

(B) Revaccination. Every person keeping, harboring or having a dog in the city that has been vaccinated with chick embryo vaccine must cause the dog to be revaccinated within a period of not more than two years after the prior vaccination.

(C) Tissue phenolized vaccine. Every person keeping, harboring or having a dog in the city which has been vaccinated with tissue phenolized vaccine must cause the dog to be revaccinated with rabies vaccine within a period of not more than one year after the prior vaccination.

(D) Vaccination certificate issuance. Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine will issue to the person keeping, harboring or having the dog a certificate, which is signed by the veterinarian and which states thereon the name and description of the dog, the date of the vaccination and the type of vaccine used.

(E) Certificate and tag; exhibition. Every person applying for a dog license will exhibit a certificate and rabies vaccination tag issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which certificate must show that the dog for which the license will be issued either:

(1) Was vaccinated in accordance with this chapter; or

(2) Should not be vaccinated with rabies vaccine by reason of age, infirmity or other disability, which disability is shown on the face of the certificate and to the satisfaction of the person issuing the license to be in effect at the time.

(Ord. 1224, passed 2-16-10)

The City Council may, by resolution, create or designate particular areas within the city as dog parks. Persons have custody of dogs at dog parks will comply with the following:

(A) Owner present. Dogs will not be present at a dog park without an owner or custodian.

(B) Hours. The dog park will be open from dawn to dusk, seven days a week.

(C) Aggressive dogs. Aggressive dogs are not permitted in the dog park.

(D) Food. Food is not permitted in the park; dogs are not fed in the park.

(E) Clean up and supervision. Owners must supervise and clean up after dogs.

(F) Children. Children under 12 years of age must be supervised by an adult.

(G) Age and vaccination. Dogs must be at least four months old and vaccinated to be permitted in the dog park.

(H) Dogs in heat. Dogs in heat are not permitted in the dog park.

(I) Spiked dog collars. Spiked dog collars are not permitted in the dog park.

(J) Bikes or similar items. No bikes, rollerblades, roller skates, strollers or similar items are permitted in the dog park.

(K) Leash. Owners must have a leash available at all times.

(L) Parking. Parking regulations must be followed at all times.

(M) Liability. Dog owners are liable for any injuries or damage caused by their dog(s).

(N) License. All dogs must be currently licensed.

(O) Trainers. Professional dog trainers are not permitted to conduct training at the dog park.

(P) Maximum number of dogs. No person may bring more than three dogs to the park at one time.

(Q) Prohibited behavior. The following behaviors must be stopped immediately:

(1) Prolonged growling;

(2) Mounting or pinning of other dogs.

(Ord. 1224, passed 2-16-10)

It is unlawful for a person to interfere with, oppose or resist the Animal Services Coordinator or any employee of the city, while such person is engaged in the performance of any act authorized by this title.

(Ord. 1224, passed 2-16-10)

(A) Animal Services Coordinator. The Animal Services Coordinator must keep a full, true and correct record of all animals impounded, the date of the impoundment, and the date of release, discharge or disposal. This documentation must be available for public inspection. The police chief may promulgate appropriate regulations for public viewing of impounded animals.

(B) Care of animals and fowl. The Animal Services Coordinator must provide the necessary subsistence and must properly care for all impounded animals.

(C) Payment of fees. The Animal Services Coordinator will collect a fee from the owners of impounded animals set by City Council resolution. When any redemption is made under this chapter, in addition to paying any impounding and maintenance fee or costs incurred by reason of impounding any animal impounded under this chapter, there must also be paid the amount of any license fee, which must be due or payable on such animal under this title or any other section of this code or ordinance of the city, in case a current license for the animal is not in existence at the time.

(D) Damage payment. When any redemption is made under this chapter, in addition to paying any impounding fee or costs incurred by reason of impounding any animal or fowl, there must also be paid reasonable demands for actual damage done by any animal or fowl running at large. The damages required to be paid by this subsection must be paid to the person whose property was damaged.

(E) Right to reclaim upon payment of charges. The owner or any person entitled to the control of any animal or fowl impounded in the public pound has the right to reclaim the same at any time before the sale or other actual disposal thereof, upon payment to the Animal Services Coordinator of the costs and charges provided for in this chapter.

(F) Disposal, public property. The Animal Services Coordinator will remove and dispose of all dead animals found in or upon any of the public highways, streets, avenues, ways, lanes, alleys, parks, squares, sidewalks or other public places within the city.

(G) Disposal, private property. The Animal Services Coordinator will remove and dispose of any abandoned dead animal found on private property in accordance with the nuisance abatement proceedings of this code.

(Ord. 1224, passed 2-16-10)

The Animal Services Coordinator will collect a fee from persons redeeming impounded dogs and cats for administering distemper vaccinations to stray dogs and for vaccinating stray cats for feline diseases. This vaccination fee will be set by City Council resolution.

(Ord. 1224, passed 2-16-10)

At any time within three days from the date of impoundment, the owner or persons entitled to the possession of the dog may reclaim the dog upon payment to the Animal Services Coordinator of the impounding fee;

(A) For the second impoundment of a dog, owned by the same person, the pound fee will be an amount that is double the standard impoundment fee;

(B) For the third impoundment of a dog, owned by the same person, the pound fee will be an amount triple the standard impoundment fee;

(C) In addition to the foregoing impounding fee, the daily maintenance fee will be paid for each day or portion thereof for which the dog was impounded.

(Ord. 1224, passed 2-16-10)

(A) The Animal Services Coordinator will capture and impound any dog found within the city limits that is not wearing a valid license tag and rabies tag conforming to the provisions of this chapter.

(B) The Animal Services Coordinator may enter private property in accordance with applicable law to examine or capture any dog suspected of being in violation of the provisions of this code or is suspected of being rabid or infected with rabies.

(Ord. 1224, passed 2-16-10)

(A) Filing of opinion; impoundment. Whenever any dog is, in the written opinion of the police chief or his/her designee, vicious, dangerous, potentially dangerous or likely to bite or injure any person, and is kept in such manner as to constitute an apparent menace to any person, the dog must be immediately impounded by the Animal Services Coordinator.

(B) Notice of impoundment. The Animal Services Coordinator must provide written notice to the owner/custodian of the specific behavior of the animal alleged in the petition and the date upon which, a hearing will be held to consider the petition. The hearing must be held within the time limits set forth by the Cal. Food & Agric. Code § 31621.

(1) The notice must advise the owner/custodian of the consequences of a finding of potentially dangerous or vicious. Where the owner/custodian's address of any animal is unknown, notice of the hearing must be given by posting the same in the Police Department and by publication in a newspaper of general circulation. Notice must then be deemed given on publication of notice.

(C) Hearing; procedures. A hearing on whether a dog is declared potentially dangerous or vicious must be conducted in the following manner:

(1) If the Police Chief or hisor her designee has investigated and determined that probable cause exists to believe that a dog is potentially dangerous or vicious, a hearing must be conducted. The Police Chief or his or her designee must prepare a petition specifying the basis as to why the dog is potentially dangerous or vicious.

(2) Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Police Chief to find probable cause, must be sworn to and verified by the complainant and must be attached to the petition.

(3) The Police Chief or his or her designee as hearing officer must conduct a hearing on whether a dog must be declared potentially dangerous or vicious.

(4) The hearing must be open to the public and the hearing officer may admit into evidence all relevant evidence, and exercise the full scope of authority set forth in Cal. Food & Agric. Code § 31621.

(5) A hearing may be continued if the hearing officer deems it necessary and proper or upon a showing of good cause.

(6) If the owner/guardian fails to appear at the hearing, the hearing will nevertheless proceed and an appropriate order must be issued.

(7) The hearing officer must consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation, and the record of any prior violations by the owner/guardian.

(8) The hearing officer must issue a written determination based upon a preponderance of the evidence, which must be mailed to the owner/guardian within seven days after the hearing is completed.

(9) The hearing officer's decision is final. There is no right to a city council appeal.

(D) Designation of animal. If an animal is found to be potentially dangerous or vicious by a preponderance of the evidence, the animal must be so designated on the records of the Animal Services Coordinator. Such a designation must be considered in future determinations involving the animal and/or owner/custodian.

(E) Micro-chipping before release. If at the conclusion of the hearing the Police Chief determines that the dog will be released, the dog must have a micro-chip imbedded subcutaneously in accordance with industry standards before being released to the owner. The micro chipping will be at the owner's expense.

(F) Surrender of dangerous dog. Any dog declared after a hearing to be dangerous, if not already impounded by the Police Department, must be immediately surrendered to the Police Department.

(G) Waiver. The owner of a dog for which a potentially dangerous petition has been issued may irrevocably waive rights to a hearing and any further appeal under Cal. Food & Agric. Code § 31622 and accept all conditions, sanctions and penalties set forth in Cal. Food & Agric. Code §§ 31641, 31642 and 61643. The police chief or his/her designee will mail a waiver form to the dog owner/custodian. The waiver must be signed by the dog owner/custodian and received by the police chief within 30 days from the date of agreement to waive or a hearing will be scheduled within 30 days of the agreement to waive.

(H) Additional fees.

(1) In accordance with Cal. Food & Agric. Code § 31641, the owner/custodian of a potentially dangerous dog must in addition to the regular licensing fee, pay to the city an annual fee as may be established by city council resolution for the increased costs of maintaining the records of the dog.

(2) The owner/custodian of a dog determined to be vicious must, in addition to the regular licensing fee, pay to the city an annual fee as may be established by separate city council resolution to provide for the increased costs of maintaining the records of the dog.

(I) Registration of animal. The owner/custodian of a vicious dog must, within ten days of such determination, upon request by the city must present said animal to the Animal Services Coordinator and allow photographs and measurements of the animal to be taken for purposes of identification.

(J) Undesignation of animal.

(1) The owner/custodian of a dog found potentially dangerous, who has no additional violations of any of the provisions of this title, within a 36-month period from the date of designation as potentially dangerous, must be removed from the list of potentially dangerous dogs by the Police Chief. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs before the expiration of the 36-month period if the owner/custodian of the dog demonstrates to the Police Chief that changes in circumstances or measures taken by the owner/custodian, such as training of the dog has mitigated the risk to public safety.

(2) The owner/custodian of a dog found vicious, who has no additional violations of any of the provisions of this title, after a 36-month period from the date of designation as vicious, may apply to the police chief to remove the animal from the list of vicious animals. The Police Chief has the discretion to remove the animal from the list of vicious animals upon proof of the successful completion of at least eight weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts designed to mitigate the risk to public safety.

(Ord. 1224, passed 2-16-10)

No impounded dog will be released to any person except where following occurs:

(A) A current license and rabies tag is presented for the dog.

(B) Proof that a license fee was paid to the city pursuant to this title.

(C) Impound, collection, and other fees related to the impoundment required by this title are paid to the city.

(D) Proof is given that the dog is vaccinated for rabies, if required, or a fee is paid for vaccination.

(E) The Animal Services Coordinator determines that the dog does not have and is not reasonably suspected of having rabies.

(Ord. 1224, passed 2-16-10)

If the Animal Services Coordinator suspects that an impounded dog has rabies, the dog will be inspected by a county health officer. Should the dog be found to have rabies, it will be disposed of or confined for such time as the Health Officer directs. In the event that the health officer suspects that the dog may develop rabies, it will be confined for such time as the health officer directs. Whenever the Health Officer determines that the dog does not have rabies, it will be released in accordance with the provisions of this chapter.

(Ord. 1224, passed 2-16-10)

(A) No person may own, keep or harbor a dog or cat over the age of four months that has not been spayed or neutered. A guardian/custodian of an unaltered dog or cat must have the animal spayed or neutered or obtain an unaltered dog or cat license in accordance with § 91.33.

(B) The guardian/custodian of a dog or cat that is unable to be spayed or neutered without a serious risk of bodily harm or death due to age or infirmity, must obtain written confirmation of that fact from a licensed veterinarian. The writing must also state the date by which the dog or cat may be safely spayed or neutered.

(C) If a cat is unable to be safely spayed or neutered within 30 days, the guardian/custodian of the cat must obtain an unaltered cat license and pay the required fee as set by resolution of the City Council.

(D) If a dog is unable to be safely spayed or neutered within 30 days, the guardian/custodian must apply for an unaltered dog license. If the unaltered dog license is granted, the guardian/custodian must pay the required fee as set by resolution of the City Council.

(Ord. 1260, passed 2-21-16)

A guardian/custodian of an unaltered dog over the age of four months must obtain an annual unaltered dog license for the dog. The license shall be issued by the city if it determines that the following conditions are met:

(A) The guardian/custodian provides written confirmation from a licensed veterinarian that the dog is unable to be safely spayed or neutered without a serious risk of bodily harm or death;

(B) Competition dogs used to show or breed that are of a breed recognized by and registered with approved breed registries such as the American Kennel Club or United Kennel Club;

(C) The guardian/custodian is a member of an approved purebred dog breed club which enforces a code of ethics for dog breeding;

(D) The dog is used by a law enforcement agency for law enforcement purposes;

(E) The dog is a qualified service or assistance dog;

(F) Working dog developed or trained to do useful work, such as herding animals, pulling wagons or sleds, or guarding property; and

(G) The owner or custodian has submitted the required application and has paid the fee established by resolution of the City Council.

(Ord. 1260, passed 2-21-16)

(A) Offer for sale or transfer of an unaltered dog or cat. A guardian/custodian who offers any unaltered dog or cat for sale, trade or adoption must include a valid unaltered dog or cat license number with the offer of sale, trade or adoption or otherwise state and establish compliance with § 91.32. The offer for sale or transfer of an unaltered dog must also include the microchip number as required in § 91.36. The license and/or microchip numbers must appear on a document transferring the animal to the new guardian/custodian.

(B) Transfer of unaltered dog or cat. The guardian/custodian of an unaltered dog over the age of four months, which is not a competition dog, must demonstrate compliance with § 91.32 prior to the transfer, and must notify the city of the name and address of the transferee within ten days after the transfer.

(C) Notification of litter and sale or transfer of puppies or kittens. Within 30 days after a litter is born to a female dog or cat, the guardian/custodian of the female animal shall advise the city in writing of the number of live born puppies or kittens. When a puppy or kitten under the age of four months is sold or otherwise transferred to another person, the guardian/custodian shall advise the Department of the name and address of the new guardian/custodian, and the microchip number of the puppy or kitten, if applicable, within ten days after the transfer.

(Ord. 1260, passed 2-21-16)

(A) Any person, except for a person possessing a valid kennel license, who causes the breeding of a dog or cat, shall obtain a breeding permit from the city and shall pay the fee for such permit. Breeding permits shall be valid for a term of one year from the date of issuance.

(B) Each permit shall authorize the whelping of no more than one litter per female dog or cat in any 12-month period and no more than one litter per domestic household in any 12- month period, or the offering of a male dog or cat for stud once in any 12-month period.

(C) Breeding permits must be obtained in person at the animal control authority (or specially designated satellite offices) where the Director shall keep a register wherein shall be entered the name and address of each person to whom any breeding permit is issued, the date of issuance thereof, the date or approximate date the person obtained the dog or cat, the age or approximate age of the dog or cat, and, if a first-time breeding permit, the number of past litters produced.

(D) The person applying for the breeding permit shall demonstrate a basic understanding of humane breeding practices, administered in the form of a test, designed and administered by the Director. Should the applicant fail to pass the humane practices breeding test, he or she shall be denied the breeding permit and may not reapply for such a permit for a minimum period of 30 days.

(E) Should the applicant provide any false information or fail to provide any required information, the breeding permit shall be denied.

(Ord. 1260, passed 2-21-16)

All dogs and cats over the age of four months must be implanted with an identifying microchip. The guardian/custodian is required to provide the microchip number to the city, and shall notify the city and the national registry applicable to the implanted chip, of a change of ownership of the dog or cat, or a change of address or telephone number.

(Ord. 1260, passed 2-21-16)