Suisun City Municipal Code Ch. 6.05 General Provisions

The ordinance codified in this title shall be known and may be referred to in all pleadings and proceedings as "the animal control ordinance."

(Ord. 537 § 2(part), 1986)

For the purpose of this title the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Animal" means any animal, poultry, bird, reptile, or any other dumb creature.

B. "At large" means any animal off the premises of its owner and not under restraint by leash or chain or not otherwise controlled by a competent person.

C. "Cat" means any cat of either sex, or any age.

D. "Dog" includes female as well as male dogs.

E. "Dog licenses" means the license required to be annually issued for each individual dog.

F. "Herded" means any animal herded in violation of Section 423 of the Agricultural Code.

G. "Horses" means any mule, burro, pony, jack, hinny, or jenny.

H. "Kennel" means any building, enclosure or premises used in the commercial business of breeding, buying, selling or boarding dogs and cats.

I. "Licensed dog" means any dog for which the license for the current year has been paid and to which the tag provided for in this title is properly attached.

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

K. "Surrendered animal" means any animal delivered by the owner thereof to the animal control shelter or an animal control officer and for which the owner fills out the prescribed surrender forms.

L. "Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag required by this title is not attached.

M. "Miniature pot-bellied pigs" means a cloven-hoofed animal, also known as Vietnamese, Chinese, or Asian pot-bellied pigs, and means domesticated pet pigs not exceeding 22 inches in height at the shoulders and 100 pounds in weight.

N. "Habitual" means occurring on a regular basis.

(Ord. 648 § 1 (part), 1999; Ord. 610 § 1, 1992; Ord. 537 § 2(part), 1986)

A. This title is enacted by the city for the purpose of securing a system of uniform regulation and control of dogs and other animals within the city.

B. The city at the time of adopting this title has approved and executed a joint powers agreement with the cities of Fairfield, Vacaville, Dixon and Rio Vista to provide for the regulation and control of dogs and other animals within the city limits of the respective cities. This joint powers agreement is titled the Solano Animal Control Authority.

C. The Solano Animal Control Authority has contracted with Humane Animal Services, a legal subsidiary of the Society for the Prevention of Cruelty to Animals of Solano within the city limits of the respective cities.

D. It is intended that this title will be enacted in all of the member cities of the Solano Animal Control Authority to allow a uniform policy of patrol and enforcement to the Humane Animal Service contractor.

(Ord. 648 § 1(part), 1999; Ord. 537 § 2(part), 1986)

The city authorizes the Solano Animal Control Authority to appoint humane officers pursuant to the provisions of 607f and 607g of the California Civil Code. Such officers, after compliance with the provisions of Section 832 of the California Penal Code are designated as animal control officers and shall have the powers and authority as set forth in Sections 830.9 et seq. of such code, which shall include the power and duty to make arrests or issue citations for violations of any of the provisions contained in this title.

(Ord. 537 § 2(part), 1986)

Except as otherwise provided in this chapter, no person shall keep, corral or harbor any cow, horse, sheep, goat, hog or cloven-hoof animal in the city on a single parcel of property less than one acre in size.

(Ord. 610 § 2, 1992: Ord. 537 § 2(part), 1986)

Miniature pot-bellied pigs are permitted inside the city limits subject to the following conditions:

A. No person or persons shall keep or maintain more than one miniature pot-bellied pig within or upon any parcel of land or dwelling unit within the city limits.

B. No person or persons shall keep or maintain a miniature pot-bellied pig over within or upon any parcel of land or dwelling unit without the permission of the owner of such land or dwelling unit.

C. No person or persons shall keep or maintain any miniature pot-bellied pig over four months of age that is not currently inoculated against rabies and leptospirosis.

D. No person or persons shall keep or maintain any male miniature pot-bellied pig that has not been neutered or any female miniature pot bellied pig that has not been spayed.

E. No person or persons owning or having charge, care, custody, or control of any miniature pot-bellied pig shall cause, permit, or allow the same to be upon any public place or private property, other than the property of the person having charge, care, custody, or control of such pig unless:

1. Such pig is restrained by a substantial leash or chain not exceeding six feet in length and is in the charge, care, custody, or physical control of a competent person; or

2. Such pig is within an enclosed motor vehicle.

F. It is unlawful for any person owning or having charge, care, custody, or control of any miniature pot-bellied pig to permit such pig to deposit pig feces on any public or private property, other than the property of the person having charge, care, custody, or control of such pig, if such person does not immediately thereafter remove and clean up such pig feces from the property.

(Ord. 610 § 3, 1992)

No person owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, hog, or any animal commonly referred to as a "wild species" shall:

A. Permit such animal to run at large in the city;

B. Cause or permit any such animal to be pastured, herded, staked or tied in any street, road, lane, alley, park or other public place;

C. Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the city without the consent of the owner or occupant of such property in such a way as to permit any such animal to trespass upon any street or public place or upon private property;

D. Permit any such animals to be or remain during the nighttime secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal or by securely fastening the animal by means of a rope or chain of sufficient strength to restrain to some permanent object of sufficient size, strength and weight to effectively restrain the animal;

E. Fail to provide the necessary sustenance, drink, or shelter, or protection from the weather or otherwise.

(Ord. 537 § 2(part), 1986)

Notwithstanding any provisions of this chapter to the contrary, the Agricultural Code of the State, Division 3, Chapter 5, shall be complied with in reference to estray bovine animals, horses, mules or burros.

(Ord. 537 § 2(part), 1986)

The owner or person having control of any dog shall not suffer or permit such dog, under any circumstances, to run at large in any public park, public square, in any school, upon any schoolgrounds or in any commercial district, as defined by this code or other ordinance. Every dog found running at large in violation of the provisions of this section shall be immediately seized and impounded.

(Ord. 537 § 2(part), 1986)

No person owning or having charge, care, custody or control of any dog shall cause, permit or allow it to be or to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog, in the incorporated area of the city, unless such dog is restrained by a substantial chain or leash not exceeding six feet in length and is in the charge, care, custody or control of a competent person, or within an enclosed motor vehicle.

(Ord. 537 § 2(part), 1986)

The provisions of this chapter do not prohibit permitting or allowing dogs to run at large on the premises of the owner or person having charge, care, custody or control of such dogs when the property is a ranch or similar undeveloped property, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulative season, to run at large on any ranch or similar undeveloped property with the permission of the owner of the ranch or similar undeveloped property; provided the dog is under reasonable control of a competent person.

(Ord. 537 § 2(part), 1986)

The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual trespassing, howling, yelping, barking or other noise disturbs the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area is prohibited and is declared to be a public nuisance. Such nuisance shall be abated in accordance with the procedure set forth in Chapter 6.06 of this code.

(Ord. 648 § 1(part), 1999: Ord. 537 § 2(part), 1986)

No person shall suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value. Such trespassing is declared to be a nuisance and any such animal may be impounded by the poundmaster.

(Ord. 537 § 2 (part), 1986)

Whenever it is affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood, or by any animal control officer, that any animal is a habitual nuisance by reason of trespassing, howling, yelping, barking or other noise, damage to property, being vicious or in any other manner causes undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated.

(Ord. 648 § 1(part), 1999: Ord. 537 § 2 (part), 1986)

It is declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him, to run or fly at large or go upon the premises of any other person in the city.

(Ord. 537 § 2(part), 1986)

No person shall display, sell, offer for sale, barter or give away any baby chick, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities, by dealers, hatcheries or stores engaged in the business of selling them to be raised for food purposes.

(Ord. 537 § 2(part), 1986)

Whenever it is shown that any dog or other animal has bitten any person, no owner or person having custody or possession thereof, upon order of the health officer, shall fail, refuse or neglect to allow the health officer or his deputies to make an inspection or examination thereof, any time during such period. No such dog or animal shall be removed without written permission of the health officer or his deputies.

(Ord. 537 § 2(part), 1986)

Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge, care, control, custody or possession of such dog shall report such fact forthwith to the health officer or his deputies. The report shall state the name and address of the person bitten and the time and place such person was bitten.

(Ord. 537 § 2(part), 1986)

No person shall fail or refuse to exhibit the registration of any animal required by this chapter to be licensed when required to do so by the poundmaster.

(Ord. 537 § 2(part), 1986)

A. The animal control officers hired to patrol this city are given the power and authority, and it is declared to be their duty to go upon unenclosed lots and/or lands for the purpose of taking up and impounding any animal found running at large thereon, or staked, herded or grazed thereon, contrary to any provisions contained in this title.

B. Notwithstanding any other provisions of law or any local ordinance, an officer or employee of any animal control agency shall not seize or impound a dog for violation of an ordinance 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.

C. A dog that has strayed from but then returned to the private property of his 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 any animal control agency shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following:

1. That the dog has been impounded;

2. Where the dog is being held;

3. The name, address and telephone number of the agency or person to be contacted regarding release of the dog; and

4. An indication of the ultimate disposition of the dog, if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.

D. No person shall interfere with the animal control officers in the performance of their official duties.

(Ord. 537 § 2(part), 1986)

All dead animals located on public property shall be handled and removed by the animal control officer.

(Ord. 537 § 2(part), 1986)

Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which such animal is kept in a clean and sanitary condition.

(Ord. 537 § 2(part), 1986)

It is unlawful for anyone to keep, board or harbor more than three of any species of animal or fowl within the city limits. Except that, birds and small caged animals may be maintained, provided that space is adequate for the number of animals or birds confined and the space is kept in a clean and sanitary manner.

(Ord. 648 § 1(part), 1999: Ord. 537 § 2(part), 1986)

A. A person having custody of any dog or horse while in any public place or upon private property, not belonging to such custodian, shall not permit, either wilfully or through failure to exercise due care and control, any such animal to defecate anywhere on public or private property.

B. Any person having custody of any dog or horse shall immediately remove from such place any feces deposited by such animal, and shall wrap said fecal material in paper, plastic bag or other suitable container and deposit it in any appropriate trash receptacle.

C. Any person who violates this section by allowing a dog or horse within his custody or control to defecate and then fails to dispose of the fecal matter as provided in this section, shall be guilty of an infraction punishable by those fines prescribed in Section 1.08.030 of this code.

(Ord. 640 § 1, 1997: Ord. 542, 1986)