Weed Municipal Code Ch. 6.12 Control and Impoundment of Dogs

No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large within the city in or upon any public place or premises, or in or upon any private place or premises other than those of the owner or keeper except with the consent of the person in charge of the private place or premises, unless such dog is securely restrained by a substantial leash, not to exceed six feet in length, and is in the charge and control of a person competent to keep such dog under effective charge and control; provided, however, nothing in this title shall prevent a dog from being used without a leash in the conduct of obedience trials and training classes, or to herd, guard, gather or otherwise work domestic animals or fowl in or upon a public place or premises, so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control, and so long as such dog does not wrongfully harm or damage, or threaten to harm or damage, any person or public or private property. For purposes of this section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof.

(Ord. 135-75 §16, 1975).

No owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property, or any improved private property other than that of the owner, keeper or person who has accepted custody or control of such dog, provided that the foregoing shall not apply to street gutters. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section.

(Ord. 135-75 §17(a), 1975).

No owner or keeper or person having custody or control of any unspayed female dog in heat shall allow or permit such dog to be on any public property or any improved private property other than that of the owner or keeper or person who has accepted custody or control of such dog. It shall be the duty of all persons having control of such a female dog to curb such dog in order to carry out the intention of this section.

(Ord. 135-75 §17(b), 1975).

No bitch, while in heat, shall be allowed to run at large in any of the public streets, alleyways or other public places in the city, with or without a tag; and it shall be the duty of the poundmaster to impound any such animal running at large as if unlicensed, and the owner of such animal shall be guilty of an infraction for permitting it to run at large.

(Ord. 135-75 §23, 1975).

Under this chapter, a vicious dog is any of the following:

A. Any dog which, on one or more occasions, has bitten any person, other than his owner or a trespasser upon private premises wherein such dog is kept, or which bites any other dog while on public property or upon private property other than the property wherein the vicious dog is kept.

B. Any dog which is described as a "potentially dangerous dog" under Food and Agriculture Code Section 31602, or "vicious dog" under Food and Agriculture Code Section 31603.

(Ord. 135-75 §22, 1975).

(Ord. No. 438-2017, § 2, 7-13-2017)

A city law enforcement officer, animal control officer, or other designated city official may cause a vicious dog to be impounded in a suitable place designated for such purpose.

(Ord. No. 438-2017, § 3, 7-13-2017)

The keeping, harboring, or maintaining in the city of any vicious dog is contrary to public safety and is a public nuisance and a violation of this code, and punishable and enjoinable as such.

(Ord. No. 438-2017, § 3, 7-13-2017)

In addition, or as an alternative, to abatement and enforcement as provided in this code, the provisions of Division 14, Chapter 9 of the Food and Agriculture Code, beginning with section 31601, may be utilized by the city to regulate and control vicious dogs.

(Ord. No. 438-2017, § 3, 7-13-2017)

A. A city law enforcement officer, animal control officer, or other designated official may apprehend or cause to be apprehended any dog found running at large contrary to the provisions of this title. Such dog may be impounded in a suitable place designated for such purpose.

B. Appropriate identifying and any licensing information concerning each impounded dog shall be entered and kept in the city records.

(Ord. 135-75 §18, 1975).

(Ord. No. 438-2017, § 2, 7-13-2017)

A. No later than two days after the impounding of any dog, the owner, if known, shall be notified thereof. Notice of such impoundment may be given by personal service upon the owner of such dog, or the notice may be given in writing by deposit of such notice in the United States mail, properly addressed at the last known address of the owner and postage prepaid.

B. Notice by mail is complete one day following the deposit thereof in the mail, if the address of such owner is within the city, and otherwise the notice is complete two days following deposit of such notice in the mail.

C. If the owner is unknown, written notice shall be posted not later than two days after the impounding of any dog for at least three days at a conspicuous public place at the city hall, describing the dog and the place and time of taking.

(Ord. 135-75 §19, 1975).

A. The owner of any dog impounded as provided in this chapter may reclaim such dog upon payment of the license fee, plus any penalty for delinquency, if unpaid, and payment of charges for impounding and keeping such dog.

B. The following charges shall be made for impounding and keeping such dog:

1. Ten dollars for impounding any dog for the first time within any three-hundred-sixty-five-day period; twenty dollars for impounding any dog when the impoundment is the second such impoundment for said dog within any three-hundred-sixty-five-day period; forty dollars for impounding any dog when the impoundment is the third such impoundment for said dog within any three-hundred-sixty-five-day period; one hundred dollars for impounding any dog when the impoundment is the fourth such impoundment for said dog within any three-hundred-sixty-five-day period;

2. Three dollars and fifty cents per day for boarding and keeping said dog;

3. Two dollars for giving notice of impoundment;

4. Any veterinary fees incurred in the maintenance of said dog.

C. In the event any owner of an impounded dog fails to pay the redemption fees as set forth in this section and the dog is disposed of by the city pursuant to Section 6.12.090, the owner of the dog shall be liable to the city for the expense incurred by the city as set forth in subparagraphs 2, 3, and 4 of subsection B of this section.

(Ord. 290-92 §2, 1992; Ord. 223-80 §3, 1981: Ord. 135-75 §20, 1975).

A. All impounded dogs shall be humanely cared for and shall be supplied with sufficient food, water and other necessary care.

B. All impounded dogs whose owners are known, and which owners have been given notice pursuant to Section 6.12.070, which dogs are not reclaimed, shall be kept for a period of one week after the giving of said notice. If, at the expiration of the period of one week, an impounded dog whose owner is known has not been claimed, or if, at the expiration of the three-day period for giving notice pursuant to Section 6.12.070, relating to impounded dogs whose owners are unknown, an impounded dog has not been reclaimed, it may be sold at public or private sale, humanely destroyed or given away as a house pet.

C. Notwithstanding any provision to the contrary set forth in this chapter, any impounded dog which is suffering from rabies or an incurable disease shall be forthwith humanely destroyed, and any impounded dog which is suspected of suffering from rabies or an incurable disease shall remain impounded for a sufficient period of time to determine whether or not it is in fact suffering from the diseases.

(Ord. 135-75 §21, 1975).

The fees set by Section 6.12.080 may be changed by resolution of the city council.

(Ord. 290-92 §4, 1992).