Soledad Municipal Code Ch. 6.20 Animal Control Regulations Generally

It is unlawful and a public nuisance for any person to keep within the limits of the city any animal, fowl or livestock which (A) unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which the same is kept by reason of noise, odor or other offensive conditions created by, or resulting from the keeping of such animal, fowl or livestock, or (B) interferes with any person in the reasonable and comfortable enjoyment of life or property, or (C) creates a significant risk of injury to life or property.

(Prior code § 3-6)

A. For purposes of this section, a vicious or unsafe animal is one having vicious propensities and which is likely to attack, bite and injure persons or other animals without provocation. Where records of the animal control officer indicate that an animal has, on more than one occasion, bitten a person other than its owner, or attacked another animal without provocation, it is prima facie evidence that the animal is a vicious and unsafe animal. Except when confined as provided in Section 6.20.110, the keeping of a vicious or unsafe animal is a public nuisance.

B. Whenever the animal control officer has reason to believe that any animal is vicious or unsafe, he may issue an order directing the owner of the animal to abate the nuisance by disposing of the animal or by adequately confining the animal as provided in Section 6.20.110. If the owner of the animal, for any reason whatsoever, fails to comply with the order of the animal control officer, the animal control officer may issue an order directing the owner to appear at a designated hearing to show cause why he or she should not be required to surrender the animal to the animal control officer or take such other steps as may be designated to abate the nuisance. Notice of the time and place of the hearing, and of the designated action, shall be served upon the owner of the animal, either personally or by registered or certified mail addressed to the owner at his last known address, at least ten days prior to the date of the hearing. The city manager, or his designated representative, shall act as hearing officer at the hearing. Upon conclusion of the hearing the hearing officer may order the animal to be surrendered and destroyed, or may order such other measures as in his judgment are necessary to abate the nuisance.

C. Whenever the animal control officer has reasonable cause to believe that an animal is vicious or unsafe and that it constitutes an immediate hazard to persons, the animal control officer may immediately seize the animal. If the animal control officer is unable to locate the owner, or if the owner is unable or unwilling to take the necessary steps to confine the animal in the manner prescribed in Section 6.20.110, the animal control officer may immediately impound the animal. The animal shall be returned to its owner only if the animal control officer is satisfied that the owner will confine the animal as provided in Section 6.20.110. If the owner fails or refuses to make such arrangements for the confinement of the animal, or if the owner cannot be located after reasonable effort to do so has been made, the animal control officer may order the animal to be destroyed, or he may take such lesser measures as, under the circumstances, he deems necessary in order to protect persons from injury. In the event a vicious or unsafe animal cannot be safety impounded under the foregoing provisions of this subsection, the animal control officer or a police officer may enter upon any premises where the animal is kept and slay the animal.

D. It is unlawful for the owner of any animal to fail or refuse to comply with any order issued under this section by the animal control officer. Each additional day that the owner continues to disobey the order constitutes a separate and distinct violation of this section.

E. A keeping charge as provided in Section 6.24.030 shall be assessed against the owner of any animal for each day during which the animal is impounded under this section, and the animal shall not be released until the owner pays all such charges.

(Prior code § 3-7)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of the person, any cattle, horses, mules, donkeys, burros, swine, sheep, goats, rabbits, chickens, ducks, geese, turkeys, pigeons, game birds or other domesticated animals or fowl, except as specifically permitted under provisions of this title. A violation of this section is an infraction.

(Prior code § 3-18)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of the person, any animal commonly designated as a "wild species," including but not limited to lion, tiger, leopard, bobcat, cheetah, puma, bear, monkey or other member of the ape family, rodent, serpent or reptile, except as specifically permitted under provisions of this title. A violation of this section is an infraction.

(Prior code § 3-19)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of the person, a hive of bees, except as specifically permitted under provisions of this title. A violation of this section is an infraction.

(Prior code § 3-20)

A. Notwithstanding the provisions of Sections 6.20.030, 6.20.040 and 6.20.050, a person may keep within the city species of livestock, domestic fowl, wild animals, or bees described in those sections upon obtaining from the chief animal control officer a permit to do so. In order to issue such a permit the chief animal control officer must find, after investigation, that the keeping would not endanger persons or property, would not create a public nuisance under the provisions of Section 6.20.010, and would not be contrary to state law or any other city ordinance, specifically including the city zoning ordinance; he also must determine that the place of keeping is not within fifty feet of any family residence or building designated for human occupation, other than a building or residence occupied by the keeper.

B. Before acting upon an application for the permit the chief animal control officer shall submit to the planning commission a copy of the application, together with a copy of his investigation report and a statement of his decision; a copy of the investigation report and of the statement of decision shall at the same time be mailed to the applicant. Within thirty days after the date of the submission the decision of the animal control officer may be appealed to the city council by the planning commission or by the applicant by filing a written notice of appeal with the city clerk. If no such appeal is filed within the thirty days' period, the chief animal control officer may take action to approve the permit, approve the permit subject to conditions, or deny the permit, in accordance with the statement of decision submitted to the planning commission.

C. If an appeal of the chief animal control officer's decision is taken pursuant to the provisions of subsection B of this section, the city council shall, upon not less than ten days' prior written notice to the planning commission and to the applicant, hold a public hearing upon the application. Upon the conclusion of such hearing it shall render its decision, which is final.

D. Upon the filing of an application for permit under this section, the chief animal control officer may, in his discretion, issue a temporary permit to the applicant if he finds, from all of the circumstances of the particular case, that it would be reasonable to do so and that doing so would not create a danger to persons or property or create a public nuisance under the provisions of Section 6.20.010. The temporary permit shall expire on the date that final action is taken upon the application.

E. Fees and charges for filing and processing a permit application under this section shall be established, and from time to time may be amended, by resolution of the city council.

F. Notwithstanding the provisions of this section and of Sections 6.20.030 and 6.20.040, no permit shall be required for the keeping of mice, guinea pigs, hamsters or small birds (other than birds of prey), which are confined in cages, or tropical or gold fish in aquariums.

(Prior code § 3-21)

An application for any permit required pursuant to Section 6.20.060 shall be made to the chief animal control officer in writing upon a form furnished by that officer, containing such information as the chief animal control officer requires in order to make a determination. The fee for a permit shall be as established from time to time by resolution of the city council and shall not be refundable. Permits granted shall be for the period of one year. An application for renewal of a permit shall be made at least forty-five days prior to the expiration thereof and shall be accompanied by the same fee required at the time for an original application.

(Prior code § 3-22)

The chief animal control officer may, for good cause, revoke any permit or modify the terms and conditions of any permit after informal public hearing, written notice of which shall be served upon the holder of the permit at least ten days prior to the date of the hearing; provided, that in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the chief animal control officer may suspend or modify any permit without hearing for a period of not to exceed thirty days.

(Prior code § 3-23)

Any person aggrieved by any action of the chief animal control officer taken pursuant to the provisions of Section 6.20.080 may, upon the payment of an appeal fee fixed by resolution of the city council, have the action reviewed by the city council, but the filing of an appeal shall not stay any order of revocation or modification of the permit.

(Prior code § 3-24)

The following regulations apply to the keeping of animals of all kinds within the city:

A. All animals shall be kept in a clean and sanitary fashion. If the number of animals kept, or the level of care exercised in the keeping of animals is such that the refuse of the animals, or the condition of the animals themselves, is evidence of neglect, the chief animal control officer may take remedial action. Upon notice, any person who does not clean up the area where animals are kept, or who fails to provide such care of the animals as the officer requests, is in violation of this section.

B. Animals confined in an enclosed area shall be provided with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food and water. The provision of this subsection does not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person.

C. It is the duty of the owner to care for his animals. It is a violation of this section for a person to fail to provide the necessary food, drink and shelter for his animals.

D. Notwithstanding any other provision of this title, the maximum number of dogs which shall be kept within one household is four. Likewise, the maximum number of cats which may be kept within one household is four. A household may possess both dogs and cats, but no more than four of each. For purposes of this section, animals under the age of four months shall not be counted. A violation of this subsection is an infraction.

(Prior code § 3-25)

Any dog or other animal having a disposition or propensity to attack or bite any person or animal without provocation is defined as a wild or vicious animal. Every wild or vicious animal must at all times be confined in a substantial pen. If any such wild or vicious animal is found running at large in violation of this section, it shall be taken up and impounded and shall not be released except upon the approval of the chief animal control officer after the payment of the fees provided in Section 6.24.030; provided, that if any such wild or vicious animal so found at large cannot be safely taken up and impounded, the animal may be subject to summary destruction.

(Prior code § 3-26)

It is unlawful for any person owning or having charge, care or control of any animal described in Sections 6.20.030 or 6.20.040 to run at large within the city. A violation of this section is an infraction.

(Prior code § 3-27)