Scotts Valley Municipal Code Ch. 6.04 General Provisions

The ordinance codified in this title shall be known as the "animal control ordinance."

(Ord. 86.2 § 1 (part), 1987)

For the purpose of this title, unless it is plainly evident from the contest that a different meaning is intended, certain terms used herein are defined as follows:

A. "Animal" means any mammal, bird, reptile, fish or other vertebrate creature, domestic or wild.

B. "Animal at large" means:

1. While on the owner's premises, or while on the premises of a third party with the permission of that party, any animal which is not confined to the premises by a leash, tether, adequate fence, or other physical control or constraint; or which is not under the immediate custody and control of its owner. The phrase "immediate custody and control" shall be construed narrowly. Any dog which is not within the sight and range of verbal command of its owner, while on the owner's premises, shall be presumed to be outside of the immediate custody and control of its owner, and shall be presumed to be "at large";

2. While off the owner's premises, any animal (a) not restrained by a leash, tether or other physical control not exceeding six feet in length and (b) not under the physical control of a person.

C. "Animal exhibition" means to present any animal for public view, for the purpose of entertainment, sale, or competition, and includes, but is not limited to, rodeos, circuses, zoos and animal auctions.

D. "Bucking strap" or "flank strap" means any device, strap or object generally made of leather and sometimes padded with a woolen lining which is placed around the flank regions of a horse or bull, behind the rib cage and just forward of the hind legs, and which is tightened immediately before the animal is scheduled to perform.

E. "Cat" means any member of the Felis domesticus species and shall be considered personal property.

F. "Commercial animal establishment" means any location where the business of grooming, training, renting or boarding of animal(s) is conducted. This definition shall not apply to:

1. The Santa Cruz SPCA-operated animal shelter (herein alternatively referred to as "the animal shelter" or "Santa Cruz County Animal Shelter");

2. State-licensed veterinary facilities.

G. "Dangerous, wild or exotic animal" means any animal which is not commonly domesticated or which is not native to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal, which because of its size, vicious nature or other characteristics would constitute an unreasonable danger to human life or property if not kept, maintained or confined in a safe and secure manner.

H. "Dangerous, wild or exotic animal facility" means any site for the keeping of dangerous, wild or exotic animals.

I. "Director" means the executive director of the Santa Cruz County Animal Services Authority.

J. "Dog" means any member of the Canis familiarus species or any combination of Canis familiarus and other Canis species including but not limited to so called wolf-dog or coyote-dog crosses.

K. "Euthanasia" means putting an animal to death in a humane manner.

L. "Impounded" means having been received into the custody of the animal shelter, or of any authorized agent or representative thereof, or of any duly sworn law enforcement officer in the course of their duty.

M. "Livestock" means animals kept for husbandry including, but not limited to, horses, mules, burros, asses, cattle, sheep, swine and poultry.

N. "Livestock facility" means any facility for the keeping of livestock.

O. "Owner" means any person, firm or corporation owning, having an interest in, or having control, custody or possession of any animal.

P. "Person" means any natural person, association, partnership or corporation.

Q. "Pet shop" means any person, firm or corporation operating an establishment where live animals are kept for sale, for barter, or sold.

R. "Poundmaster" means the executive director of the Santa Cruz County Animal Services Authority. Any reference to poundmaster in this title shall also include the poundmaster's duly authorized deputies or designees.

S. "Sexually unproductive" means being incapable of reproduction by reason of age or physical condition, or by reason of being subjected to a medical procedure to be rendered unreproductive and certified by a licensed veterinarian as such.

T. "Unlicensed dog" means any dog for which a current license has not been paid or to which the tag provided for in this title is not attached.

U. "Vicious animal" means any dog which qualifies as vicious dog in accordance with California Food and Agricultural Code section 31603. Additionally, any dog which while off its owner's or custodian's property and not controlled by leash or lead in the hands of an adult capable of restraining the animal attacks any domestic animal and causes injuries which result in the recommendation of a veterinarian that the animal be euthanized, or any injury that results in the death of any domestic animal while such animal is on its owner's property, custodian's property or controlled by leash or lead in the hands of an adult capable to restrain the animal in compliance with this title.

V. "Potentially dangerous dog" means any dog which qualified as a potentially dangerous dog in accordance with California Food and Agricultural Code section 31602. Additionally, any dog which while off its owner's or custodian's property and not controlled by leash or lead in the hands of an adult capable to restrain the animal attacks and inflicts injury to any domestic animal which such animal is on its owner's property, custodian's property, or controlled by leash or lead in the hands of an adult capable to restrain the animal in compliance with this title.

(Ord. 86.2 § 1 (part), 1987; Ord. 86.3[a], §§ 1—4, 10-21-09)

The office of the poundmaster is established. The poundmaster shall be the executive director of the Santa Cruz County Animal Services Authority (herein alternately referred to as "SPCA" or "Santa Cruz SPCA"), his/her duly authorized deputies and his/her designees.

(Ord. 86.2 § 1 (part), 1987; Ord. 86.3[a], § 5, 10-21-09)

The poundmaster shall supervise the animal shelter, and the care of animals impounded therein, and shall administer and enforce the sections of this title and applicable state laws relative to animal control.

(Ord. 86.2 § 1 (part), 1987)

All animals which are subject to being impounded, as provided herein, shall be kept, safely held, and as authorized herein, disposed of, in a suitable building or enclosure which shall be known and designated as the "Santa Cruz County Animal Shelter."

(Ord. 86.2 § 1 (part), 1987)

Whenever a power is granted to, or a duty is imposed upon the poundmaster or other public officer, the power may be exercised by a person authorized pursuant to law, by the officer unless this title expressly provides otherwise.

(Ord. 86.2 § 1 (part), 1987)

A. All charges collected by the poundmaster for impounding and keeping animals pursuant to this title, together with all sales proceeds received by the poundmaster from the sale of animals impounded or brought in from the city shall be paid over to the city.

B. All fees for the issuance of city dog license tags and all fines collected under the provisions of this title shall be paid into the city treasury and shall be used:

1. First, to pay fees, salaries, costs, expenses or any or all of them, for the enforcement of Division 14 of the California Agricultural Code, commencing with Section 30501, and of this title;

2. Second, to pay damages to owners of livestock which are killed by dogs;

3. Third, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597(f) of the California Penal Code.

(Ord. 86.2 § 1 (part), 1987)

A. Every person except the poundmaster or a deputy poundmaster taking up any stray animal found at large contrary to the provisions of this title shall within eight hours thereafter give notice to the Santa Cruz Animal Shelter of:

1. The fact that he has such animal in his possession;

2. A complete description of such animal, including tattoos or other distinguishing marks, if any;

3. The license number of such animal, if any, and by what county or municipal corporation issued; if such animal has no license, such person shall so state;

4. The place where the animal is confined.

B. The poundmaster shall pick up and shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded.

(Ord. 86.2 § 1 (part), 1987)

Whenever any person has knowledge that an animal has bitten any person, the person having such knowledge shall report said fact forthwith to the county health officer or to the poundmaster. The report shall state, to the best of his or her knowledge, the name and address of the person bitten, the time and place such person was bitten, and the location, description and ownership of the animal involved.

(Ord. 86.2 § 1 (part), 1987)

Editor's note— Ord. 86.3[a], § 6, adopted Oct. 21, 2009, repealed § 6.04.100, which pertained to quarantine of dogs and cats and derived from Ord. 86.2 § 1 (part), 1987.

In conjunction with the county health officer, the poundmaster may order the impoundment of any animal other than a dog or cat which has bitten any person.

(Ord. 86.2 § 1 (part), 1987)