South Lake Tahoe Municipal Code Art. IV General Regulations – Dog Controls

It shall be unlawful for any person owning or having charge of any stray dog, as defined herein, to cause, permit or allow such dogs, whether licensed or unlicensed, to stray, wander or otherwise be at loose or at large upon any public street, alley, park, beach, way or other public property within the city, or upon any private property within the city other than private property of which the owner of the dog has ownership or control, unless such dog is kept securely confined by a leash, rope, cord or chain not over 10 feet in length held by some person or securely attached to some stationary object. Nothing contained in this section shall be deemed to prevent a dog from being off leash in designated dog parks while under the control of a competent person. Nothing contained in this section shall be deemed to prevent a dog from being used without a leash to herd, guard or gather domestic animals or fowls in the normal and customary manner of "working dogs." Nor shall this section be deemed to prohibit participation in obedience trials or dog shows without a leash so long as the dog is under the charge and control of a person competent to control such dog and the dog does not harm or damage, or threaten to harm or damage, any person or public or private property.

(Ord. 515 § 7; Ord. 548 § 2; Ord. 1148 § 1; Code 1997 § 6-22)

No dog shall trespass on private property and thereafter dig property, destroy plant life, defecate, or urinate; nor shall any dog be in a public place and thereafter dig property, destroy plant life, defecate, or urinate. The owner shall be liable for his/her dog and if the owner is not present, such responsible adult in whose custody the dog was placed shall be liable. Notwithstanding the above, no citation shall be issued to any owner or responsible adult who immediately cleans the area which has been defecated upon.

(Ord. 515 § 8; Code 1997 § 6-22.5)

Any person may take up and deliver to the animal control officer any animal at large on public property or upon said person's private property. The animal control officer shall hold and dispose of said animal in the same manner as though said animal had been found at large and impounded by the animal control officer.

(Ord. 433; Ord. 725; Code 1997 § 6-23)

A. No person shall leave any animal in an unattended vehicle without adequate ventilation or in such manner to subject the animal to extreme temperatures which adversely affect the animal's health and welfare.

B. All dogs in parked vehicles shall be confined in such a manner to prevent them from reaching the outside edge of said vehicle with any portion of their body.

C. No person shall have leave any dog unattended in any vehicle without confining said dog in such a manner to prevent it from reaching the sides of said vehicle. The animal control officer shall be empowered to remove an animal from a vehicle under emergency circumstances when said animal is endangering the safety of the public.

(Ord. 725; Code 1997 § 6-23.5)

No person, other than the animal control officer acting in the course of employment, shall capture, keep or attempt to domesticate any wild animal.

(Ord. 433 § 1; Code 1997 § 6-24)

(Ord. 433 § 1; Ord. 467 § 2; Ord. 515 § 9; Ord. 548 § 4; Ord. 789 § 2; Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25)

A.

"City"

means the city of South Lake Tahoe.

B.

"County"

means El Dorado County.

C.

"Animal control officer"

means an animal control officer from the county contracted by the city, or any other qualified professional contracted or employed by the city, to perform animal control duties within the city.

D.

"State law"

means the California Food and Agriculture Code, specifically including Articles 1 through 5 (Sections 31601 through 31683) of Chapter 9, Division 14.

E.

"County code"

means Title 6, "Animals," of the El Dorado County Code of Ordinances, specifically including Sections 6.12.050, "Potentially Dangerous and Vicious Dogs," 6.12.051, "Penalty and Impoundment Authorized," and 6.12.052, "Investigation," found at Chapter 6.12, "General Animal Regulations."

F.

"City code"

means SLTCC § 4.05.280 and all subsequent sections of the South Lake Tahoe City Code, found at Chapter 4.05 SLTCC, "Animal Control."

G.

"County animal control"

means the El Dorado County animal control department, which contracts with the city to provide animal control services within city limits.

(Ord. 789 § 3; Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.1)

A. The purpose of the following sections and subsections is to allow the city greater local control over the enforcement of potentially dangerous and vicious dogs by enacting a comprehensive regulatory and enforcement program on the subject.

B. The city enacts the following sections and subsections pursuant to state authorization under Section 31683 of the state law, which specifically allows local municipalities to adopt and enforce their own programs for the control of potentially dangerous and vicious dogs that may incorporate all, part, or none of the state's regulatory program on the same, commencing with Section 31601 of the state law.

C. To the extent that any of the following sections or subsections conflict with the state law on potentially dangerous and vicious dogs, city code shall control. To the extent that any of the following sections or subsections conflict with the county code, city code shall control, because an ordinance passed by the city for enforcement within city limits will supersede any ordinance passed by the county regarding the same subject.

D. The following sections and subsections comprise the whole and the entirety of the city's regulation of potentially dangerous and vicious dogs. Silence in this chapter as to any subject matter shall be construed as intentional, and in such case, state law shall apply.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.2)

A.

"Potentially dangerous dog"

means any of the following: (1) any dog which, unprovoked, on two separate occasions within the prior 24-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; or (3) any dog which, when unprovoked, on one occasion within the prior 24-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. A potentially dangerous determination is made upon a preponderance of the evidence.

B.

"Potentially dangerous dog"

does not mean any of the following: (1) any dog which engages in any behavior that requires a defensive action by any other domestic animal to prevent bodily injury, or which bites any other domestic animal, if the domestic animal, at the time the defensive action or bite occurred, was teasing, tormenting, abusing, assaulting, taunting, or aggravating the dog; (2) any dog which engages in any behavior that requires a defensive action by any person to prevent bodily injury, or which bites any person, if that person, at the time the defensive action or bite occurred, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, assaulting, or aggravating the dog, or was committing or attempting to commit a crime; (3) any dog which was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

C. If a dog otherwise qualifies as a "potentially dangerous dog" under the standards listed in subsection (A) of this section, the court, pursuant to SLTCC § 4.05.330(B), nonetheless has the discretion to consider any of the dog's prior history and all circumstances of any past incidents to make a determination, upon a preponderance of the evidence, that the dog is not "potentially dangerous."

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.3)

A.

"Vicious dog"

means any of the following: (1) any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under Section 597.5(a) of the California Penal Code; (2) any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on a person resulting in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery, or kills a person; (3) any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been duly notified of this determination, continues the behavior described in SLTCC § 4.05.310(A), or is maintained in violation of SLTCC § 4.05.350. A finding of "vicious dog" is made upon a preponderance of the evidence.

B.

"Vicious dog"

does not mean any of the following: (1) any dog which inflicts severe injury on any other domestic animal resulting in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery, or which kills any other domestic animal, if the domestic animal, at the time the injury or death occurred, was teasing, tormenting, abusing, assaulting, taunting, or aggravating the dog; (2) any dog which inflicts severe injury on a person resulting in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery when the person, at the time the severe injury occurred, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, assaulting, or aggravating the dog, or was committing or attempting to commit a crime; (3) any dog which was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

C. If a dog otherwise qualifies as a "vicious dog" under the standards listed in subsection (A) of this section, the court, pursuant to SLTCC § 4.05.330(B), nonetheless has the discretion to consider any of the dog's prior history and all circumstances of any past incidents to make a determination, upon clear and convincing evidence, that the dog is not "vicious."

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.4)

The following procedures shall be utilized within the city limits regarding determinations of potentially dangerous and vicious dogs:

A. If upon investigation it is determined by an animal control officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer may seize and impound the dog, pending the judicial proceeding to be held pursuant to this section. The owner or keeper of the dog shall be liable to the city for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious. When a dog has been impounded and it is not contrary to public safety, the animal control officer shall permit the dog to be confined at the owner's or keeper's expense in a city-approved kennel or veterinary facility. Alternatively, instead of seizing and impounding the dog, the animal control officer has the discretion to allow the owner or keeper of the dog in question to keep the dog securely impounded in the owner's or keeper's home, pending the hearing.

B. If an animal control officer has investigated and determined that probable cause exists to believe that a dog is potentially dangerous or vicious, the animal control officer shall petition the South Lake Tahoe branch of El Dorado County superior court for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

C. The dog's owner or keeper shall be provided written notice of any determination or order of the court. The decision of the court shall be final.

D. If a determination or order is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with any and all orders issued by the hearing court, as well as with any and all relevant sections and subsections in this chapter, in accordance with a time schedule established by the court.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.5)

A. County animal control shall maintain two separate lists of dogs, as well as of their respective owners or keepers, for every dog determined to be potentially dangerous under SLTCC § 4.05.310(A), or vicious under SLTCC § 4.05.320(A).

B. If the dog in question dies, or is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner or keeper of the dog shall notify county animal control of the changed condition and new location of the dog in writing within two working days.

C. For a dog determined to be potentially dangerous, if there are no additional instances of the behavior described in SLTCC § 4.05.310(A) within a 24-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to, be removed from the list of potentially dangerous dogs prior to the expiration of the 24-month period if the owner or keeper of the dog demonstrates to county animal control that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have adequately mitigated the dog's risk to the public safety.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.6)

A. All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court has determined the designation applies to the dog. The city may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.

B. A potentially dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner's or keeper's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.7)

A. A dog determined to be a vicious dog may be destroyed by county animal control when it is found, after proceedings conducted pursuant to SLTCC § 4.05.330, that the release of the dog would create a significant threat to the public health, safety, and welfare.

B. If it is determined that a dog found to be vicious shall not be destroyed, the court shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare, including, but not limited to, conditions specified under SLTCC § 4.05.350.

C. The owner or keeper of a dog determined to be a vicious dog may be prohibited by the court from owning, possessing, controlling, or having custody of any dog for a period of up to 24 months, when it is found, after proceedings conducted pursuant to SLTCC § 4.05.330, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.8)

A. Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed $500.00. Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed $1,000.

B. All fines paid pursuant to subsection (A) of this section shall be paid to the city for the purpose of defraying the cost of the implementation of this chapter.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.9)

This chapter shall have no retroactive effect.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.10)

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A); Code 1997 § 6-25.11)

A. No person owning, or having charge of any dog that is infected with a disease transmissible to a human, or that otherwise constitutes a public health hazard, shall permit such dog to be or remain within the city, other than in the custody of a duly licensed doctor of veterinary medicine.

B. The animal control officer shall seize and impound any dog such officer reasonably believes is infected with a disease transmissible to a human, or that otherwise constitutes a public health hazard. Every reasonable effort shall be made to inform the owner of such dog of its seizure and impoundment.

C. The animal control officer shall seize and impound any dog such officer reasonably believes has been seriously injured; provided, that the owner of such dog, after a reasonable effort expended by said officer, cannot be immediately located. Every reasonable effort shall be made to inform the owner of such dog of its seizure and impoundment.

D. Within a period of 12 hours of the seizure of a diseased or seriously injured dog, the animal control officer shall require the examination of such dog by a veterinarian. If the veterinarian concludes that such dog is infected with a disease transmissible to a human, or that the dog constitutes a public health hazard, or that the dog is so seriously injured as to be unlikely to survive, such dog shall be destroyed by the animal control officer.

(Ord. 433 § 1; Code 1997 § 6-26)

A. No person owning or having charge of any dog or cat in heat shall permit such dog or cat to be or remain upon any street or other public place in the city.

B. Every person owning or having custody of any female dog or cat in heat shall strictly confine such animal in a building or other six-sided enclosure designed to keep such animal from escape and to prevent access to male animals unless for planned breeding.

(Ord. 433 § 1; Ord. 515 § 11; Ord. 582 § 1; Ord. 789 § 4; Code 1997 § 6-27)

It is hereby made the duty of any person having knowledge that any dog has bitten any human being within the limits of the city to immediately report that fact to the animal control officer, to the El Dorado County health officer or to the police department, with full information in regard to the incident.

(Ord. 433 § 1; Code 1997 § 6-29)

When any dog, owned by or in the custody or control of any person, dies in the city, such person shall within 24 hours provide for the burial, incineration or other disposition of the body of such dead dog in a safe and sanitary manner.

(Ord. 433 § 1; Code 1997 § 6-30)

When the El Dorado County health officer has determined that an infectious disease exists among dogs in any area and that importation of a dog from such an area might spread disease within the city, said officer may refuse to permit the shipment of a dog from such an area to the city unless accompanied by a health certificate signed by a duly licensed doctor of veterinary medicine certifying that the dog for which such certificate is issued is not infected or exposed to an infectious disease. Any dog entering the city from any area so described and designated, without such a certificate, may be quarantined, confiscated or disposed of by said health officer in such a manner as to eliminate any danger of persons or animals within the city from being exposed to infection from such disease.

(Ord. 433 § 1; Code 1997 § 6-31)

No person shall abandon any dog in the city.

(Ord. 433 § 1; Code 1997 § 6-32)

It shall be unlawful and a public nuisance for any person owning or having custody of any animals to cause, permit or allow such animal to make or utter any frequent or long continued noise which by reason of its raucous or irritating nature disturbs the peace and quiet of any person. If the nuisance prescribed hereby is of a continuing nature, and prior warning or citation has been issued, and if no person having custody or control of the animal can be located after reasonable attempts to do so, the animal control officer after personally determining that a nuisance exists may enter upon the premises where the animal is kept, other than an enclosed structure or place of residence, and may take reasonable steps to abate the nuisance. If the nuisance cannot be abated by any other means, the animal may be impounded and a notice affixed to the premises from which the animal is removed and a similar notice shall be sent to the owner of the animal, if known, stating that the owner has the right to reclaim the animal in accord with the provisions of this chapter.

(Ord. 433 § 1; Ord. 548 § 5; Code 1997 § 6-33)

The contractor for city's animal control services shall establish a process pursuant to which aggrieved citizens may seek resolution of their complaints. The city council and the city manager shall have the opportunity to be represented in such process.

(Ord. 515 § 10; Code 1997 § 6-33.5)

No person shall keep, maintain, or house a nondomestic animal within the city limits. The council, after recommendation by the Humane Society, shall adopt by resolution a list of such prohibited animals.

(Ord. 515 § 10; Code 1997 § 6-33.6)

A. No person shall knowingly feed or in any manner provide access to food to any feral or nondomestic mammalian animal. Violations of this section shall be deemed an infraction.

B. This section shall not apply to any person who has legal possession of any such animal and who has a permit from the State Department of Fish and Game and the animal control department to keep such animal. Nor shall this section apply to any person who provides food and water to any such animal while animal is injured, trapped or being trapped; provided said person notifies the animal control department within 24 hours of commencing such care.

(Ord. 789 § 5; Code 1997 § 6-33.7)

The owner or person entitled to the custody of any animal may, at any time before the disposal thereof by the animal control officer, redeem such animal by paying to said officer the fees and charges prescribed by this chapter accruing up to the time of redemption.

(Ord. 433 § 1; Ord. 692 § 1; Code 1997 § 6-34)

Any dog or cat impounded and unredeemed under the provisions of this title may be adopted by a person upon application to the animal control officer in such form as he may prescribe.

A. No cat may be adopted and removed from impoundment that has not been spayed or neutered unless (1) the cat is less than six months of age; and (2) the cost of spaying or neutering the cat has been deposited with the animal control officer. The animal control officer shall also receive satisfactory assurance that the spaying/neutering will in fact be performed as soon as it is medically permissible. This fee is not refundable.

B. No dog may be adopted from impoundment until it has been spayed or neutered or until the fee for same is paid prior to the animal's adoption and removal. The animal control officer shall also receive satisfactory assurance that the spaying/neutering will in fact be performed within the contractually or medically prescribed period. This fee is not refundable.

C. A fee in such amount as may be necessary to provide for current license, rabies and other immunizations shall be paid for each adoption, in addition to the fee for spaying/neutering. The fee shall be established by resolution of the board of supervisors.

D. Failure to spay or neuter any dog or cat adopted from the animal control center and not sterilized due to age or medical factors at the time of adoption by the sterilization date specified in the adoption agreement shall constitute an infraction.

In the event the dog is of any age which, in the opinion of a licensed veterinarian, injury may occur to the dog by spaying or neutering, adoption may proceed upon reasonable assurances that spaying or neutering will occur as prescribed by the veterinarian.

E. Adoption and Sale. The director of animal control may refuse to adopt any animal to any person if in his or her opinion the animal should not be adopted to that person or organization.

(Ord. 433 § 1; Ord. 692 § 1; Ord. 789 § 6; Code 1997 § 6-36)