Shafter Municipal Code Ch. 6.28 Leashing—tethering

A. It is unlawful for any person owning, or having possession, charge, custody or control of any dog, to cause or permit or allow the same to stray or run, or any manner to be at large in or upon any unenclosed lot or place in the city, except upon the premises of and under the immediate care and control of the owner of such dog. It is unlawful for any person owning, or having possession, charge, custody, or control of any dog, to cause or permit or allow the same to stray or run, or in any other manner to be in or upon any enclosed lot or place absent permission from the property owner or lessee.

B. It is likewise unlawful for any person owning or having possession, charge, custody or control of any animal to cause or permit or allow the same to be staked out, to herd, or to graze upon any unenclosed private lot or land in the city in such manner that the rope or other attachment by which such animal is tethered may permit such animal to be or go beyond the boundaries of the unenclosed private lot or land. Any animal permitted to be at large, as defined above, or otherwise to be within the city in violation of the provisions of this chapter, is a nuisance and a menace to public health and safety.

C. However, unless otherwise prohibited by this chapter, dogs may be permitted upon the streets and other public places of the city if on a leash not to exceed six feet in length and under the immediate care and control of the owner or another person competent to exercise care, custody and control thereof. A retractable leash may be used if the person can demonstrate proper control of the animal on the device.

D. The provisions of this chapter do not apply to the possession, charge, custody or control of an official police dog while the dog is on duty.

E. Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal, provided that such person shall within twenty-four hours thereafter notify the animal control officer, police officer, other authorized personnel of the fact that he or she has possession and shall surrender possession of the animal to the animal control officer, police officer, other authorized personnel upon demand when deemed by the animal control officer, police officer, other authorized personnel to be in the animal's best interest and in accordance with the law. If the animal is taken up at a time when the animal shelter is not open for business, the person confining it shall within twenty-four hours after the shelter reopens, notify the animal control officer, police officer, other authorized personnel.

(Ord. 606 § 1 (part), 2007)

No person owning, having or harboring any dog, or having charge, care, control or possession of any dog shall fail, refuse or neglect to keep said dog off of any public or private school ground, public playground or public park in the city. Unless otherwise prohibited by this chapter, dogs may be permitted on any public park in the city if on a leash not to exceed six feet in length and under the immediate care and control of the owner or another person competent to exercise care, custody and control thereof. The provisions of this chapter do not apply to the possession, charge, custody or control of an official police dog while such dog is on duty. (See Chapter 6.56 for additional responsibilities for animals in public areas)

(Ord. 606 § 1 (part), 2007)

It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him or her, to run at large at any time during the period when the dog is in heat or breeding condition.

(Ord. 606 § 1 (part), 2007)

The animal control officer, police officer, other authorized personnel, regular or reserve or city employee charged with the enforcement of this chapter shall not seize or impound a dog for the violation of a code requiring a dog to be leashed or issue citations for violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.

A dog that has strayed from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the officer or employee of the city shall post a notice of impound on the front door of the residence of the owner or person who has a right to control the dog. Such notice shall contain the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number or the agency or the person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within four full working days not counting the day picked up by its owner or by the person who has a right to control the dog.

This section shall not otherwise affect existing authority to seize or impound a dog or issue citations, as a result of a dog being on property other than that owned by its owner or the person who has a right to control the dog.

(Ord. 606 § 1 (part), 2007)

A. No animal shall be tethered in a manner that does not allow for the animal to have access to adequate shelter, food and water. The chain, cord, or cable shall be affixed in a manner that it will not become entangled and have a swivel device at each end. The chain, cord, or cable shall be attached to a collar of leather or nylon and shall be at least fifteen feet in length. No dog shall be affixed with a choke or correction-type collar. The collar shall be checked daily to ensure that it does not become embedded or cause irritation to the skin.

B. A dog shall not be restrained by a fixed chain or tether for more than three consecutive hours in a twenty-four hour period. A dog may be exclusively restrained by a chain or tether provided that it is at least fifteen feet in length and attached to a pulley or trolley mounted on a cable which is also at least fifteen feet in length and mounted no more than seven feet above ground level.

C. Any tether system shall not allow the dog or puppy to leave the owners property.

(Ord. 606 § 1 (part), 2007)