Sebastopol Municipal Code Ch. 6.10 Animal Regulation

A. All Animal Control Officers may enforce all of the provisions of this chapter and all State laws relating to the care, control and treatment of animals.

B. If an Animal Control Officer has reasonable cause to believe that any person has violated any of the provisions set forth in subsection A of this section, the Officer may issue a citation to such person to appear in court to answer such charge.

C. Any Animal Control Officer may seize, impound and dispose of any animal when authorized to do so by the City Code or by the laws of this State relating to the care, control and treatment of animals.

No owner/guardian or person otherwise having an animal in her/his care, charge, control, custody or possession shall permit or allow the existence of a public nuisance, including but not limited to the following:

A. Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by running at large, chasing vehicles, molesting passersby, or continual barking, howling, screeching or otherwise making excessive noises;

B. Permit such animal to damage or trespass on public or private property;

C. Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property;

D. Maintain a dangerous animal, as defined in SMC 6.10.050(A), in a manner that creates a significant threat to the public health, safety or welfare;

E. Except for a disabled person using an assistance dog, permit such animal to defecate on any public street or other public property without immediately cleaning or removing the excrement to a proper receptacle; or defecate on any private property other than of its owner without the consent of the owner, lessee or other person in control of the private property;

F. Keep or maintain any animal in violation of the zoning code of the City.

Whenever the Shelter Director or any Animal Control Officer has reasonable cause to believe that a public nuisance exists, the Animal Control Officer may conduct an investigation of the alleged nuisance. Whenever an Animal Control Officer receives three or more complaints or affirmations in writing from persons having separate residences in the same neighborhood or employed regularly in the same neighborhood that any animal is a habitual nuisance by reason of trespassing, continual howling, barking or other noise, such as screeching bird noises, or by damage to property, by vicious action or propensity, or by any other means or conditions causing undue annoyance, the Animal Control Officer may investigate to determine if a nuisance exists. If the Animal Control Officer finds that a nuisance does exist, as defined in this chapter or otherwise in the Civil or Penal Codes of the State of California, notice shall be served in writing upon the owner or custodian of the animal to abate the nuisance. If the owner and/or possessor cannot be ascertained or located, an abatement order shall be served by posting the abatement order on the property where the animal was found and by mailing a copy of the abatement order by regular U.S. mail. In the event the owner does not comply with the abatement order, the Animal Control Officer may immediately impound such animal and/or issue a citation for violation of this chapter.

Notwithstanding any of the preceding, no animal that is part of an agricultural operation, exempt from being or becoming a nuisance by Civil Code Section 3482.5, shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and State law.

Sections 31602 through 31663 of the California Food and Agriculture Code are hereby incorporated into this chapter and shall govern the definitions, notice, and judicial or administrative process regarding whether a dog is to be determined vicious or potentially dangerous as well as the legal implications of such a determination.

A. Any person who owns or has in his/her custody or control any animal known by that person to be dangerous to the safety of any person or other animal, or any animal about which any Animal Control Officer has given notice in writing to the owner or custodian thereof of a suspected dangerous propensity, shall keep such animal safely and securely restrained at all times. Any such animal which is allowed beyond safe and secure restraint is a public nuisance, and the owner or keeper of such an animal may be charged with a violation as provided in this chapter.

B. Any person who owns or has custody or control of any animal which causes physical injury to any person or animal while not restrained in accordance with this chapter may be charged with a violation as provided in this chapter.

C. If an Animal Control Officer has probable cause to believe that an animal poses an immediate threat to public safety, the animal may be seized and impounded pending a hearing in the Superior Court to determine if the animal is a public nuisance. If the Court so determines, the Court may order the nuisance abated and such other relief the Court deems proper. If the animal that has been impounded is found by the Court to be a nuisance, the owner or keeper of the animal shall be liable for all costs and expenses of impounding and keeping the animal.

No person owning or having the custody or control of any livestock shall permit such animal to run at large or be pastured, herded, or tied in any street or alley or other public place.

A. No person shall stable, keep, pasture or maintain livestock within the limits of the City, unless expressly allowed to do so by the zoning code, except that in the Residential Estate, Residential Agriculture, and Rural Residential zoning districts, not more than one of the following categories may be kept on parcels of 20,000 square feet or greater in size: three hogs or pigs; or one horse, mule, cow or steer; or five sheep or similar animals, plus one additional for each 4,000 additional square feet; or 20 rabbits; or 4-H and FFA animal husbandry projects, provided a letter of project authorization is first submitted for the review and approval by the Chief of Police, who may attach conditions to such approval, or who may deny the application if he finds that the proposal would adversely affect the health, safety, peace, comfort and general welfare of persons residing or working in the area of the proposed use.

B. Where such animals are permitted, such animals shall be kept in an enclosure sufficient in all respects to confine such animals within such enclosure and no part of such enclosure shall be situated within five feet of any property line, or within any required front yard area, and no part of such enclosure shall be situated within 25 feet of any dwelling unit for occupation by or occupied by human beings, except such dwelling as may be owned or occupied by the person owning or having control of such livestock.

C. This section shall not apply to any circus, carnival or show otherwise permitted to operate temporarily within the limits of the City.

No person owning or having the custody or control of any livestock shall permit or allow such animal to trespass upon or be kept upon private property without the property owner’s consent. The owner or other person in control or custody of any such animal shall provide it with necessary food, drink and shelter, and at nighttime shall secure it in a pen, corral or barn, or by such other humane means as will effectively restrain it from roaming at large. Every person who stables, keeps, pastures or maintains livestock, including goats, in the City shall not allow an unsanitary condition to exist and shall at all times keep the stable or enclosure in which such livestock is kept reasonably clean and free from manure and everything of a foul and offensive nature.

No person shall drive or herd any animal or animals on or along any street or alley. Animals may be ridden or driven in harness or by means of rope, halter or similar device, subject to traffic regulation and the orders of any City police officer whose duties include the direction of street traffic.

A. No roosters or peacocks shall be kept within the City limits.

B. No person shall keep on any premises owned, occupied or controlled by him/her any domestic fowl, except 10 or fewer chickens may be kept; and, in the Residential Estate, Residential Agriculture, and Rural Residential Zoning Districts, up to 20 domestic fowl including chickens, ducks, geese, quail, or turkeys may be kept on parcels of 20,000 square feet or greater in size. Where domestic fowl are permitted, such fowl shall be kept in an enclosure sufficient in all respects to confine such fowl within such enclosure and no part of such enclosure shall be situated within five feet of any property line, or within any required front yard area, and no part of such enclosure shall be situated within 25 feet of any dwelling unit for occupation by or occupied by human beings, except such dwelling as may be owned or occupied by the person owning or having control of such fowl. Notwithstanding provisions in this section, no person shall overcrowd in any crate, box or other receptacle domestic fowl or poultry or fail to provide proper food, water, shelter or sanitation for the same.

No person shall permit or allow any exotic animal to run at large. The Animal Control Officer may seize and impound every exotic animal found in violation of this section and such impoundment shall be pursuant to this chapter.

No owner of any exotic animal shall maintain such animal without proof of proper Federal and State permits, inspections, and other required approvals.

No person or organization shall sell, display, offer for sale, barter, or give away any animal as a prize. Transfers of ownership/guardianship of animals by sale or gift are prohibited except when undertaken by a person licensed to operate a commercial kennel, hobby kennel, or pet shop, or as part of an agricultural operation, commercial hatchery, or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter, or gift occurs on the owner’s premises or on the premises where the animal is boarded or kept.

This section shall not be construed to prohibit the adoption or display of animals for adoption from an animal shelter or other animal welfare organization nor the sale or gift of a pet, or its offspring, by its owner/guardian, or by the family or individual owning the same as a family pet, which transfer occurs upon the property of such person.

The owner or other person in charge or custody of premises occupied by any animals shall keep the premises clean and free from manure and everything of a foul and offensive nature so as to prevent a public nuisance.

A. An animal shall not be confined in a vehicle unless there is adequate ventilation and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a vehicle in a manner that threatens its health, any Animal Control Officer or any peace officer may enter the vehicle by whatever force is reasonably necessary to release the animal without liability upon the City or any person for resulting damage.

B. Any animal that has been confined in a vehicle in violation of this section may be impounded pending a hearing to determine if the animal shall be returned to its owner. In the event of any such impoundment, the owner or keeper of the animal shall be liable for all costs and expenses of impounding or keeping the animal.

C. Section 23117 of the Vehicle Code of the State of California is hereby incorporated into this chapter.

D. Any Animal Control Officer or peace officer may remove an animal that is not properly tethered in accordance with subsection C of this section without liability upon the City or any person for resulting damage. The driver of the vehicle may be cited for violation of such duty, which shall be deemed an infraction.

No owner/guardian or other person in control of any animal shall cause or permit such animal to be without proper care and attention.

A. The owner or other person in custody or control of any animal that bites a human being shall immediately notify the Animal Control Officer of such bite, giving the name and address of the person bitten, if known to him/her, and shall obey any quarantine instructions given by the Animal Control Officer and/or Health Officer. The Animal Control Officer may, in her/his discretion, order the animal quarantined at the shelter, at a veterinarian’s office, or at the owner/guardian’s residence and may impose such reasonable conditions thereon as may be required.

B. If any person fails or refuses to obey any lawful order for the quarantine of an animal for observation of rabies, the Animal Control Officer may impound the animal for such quarantine at the expense of the owner. The Animal Control Officer shall charge the owner in such case for the care and board of the animal. Such rates shall be set by resolution of the City Council. The redemption fees provided in SMC 6.12.080 shall also apply to an animal quarantined for rabies observation.

No person shall fail or refuse to comply with any lawful order of the Animal Control Officer under this title to present an animal for inspection.