6.04 Animal Control Regulations Generally
Except as provided in subsection B of this section, a violation of this title shall
be an infraction, punishable pursuant to Section
1.20.010B of this code.
A violation of Sections 6.04.220, 6.08.070 and
6.08.140 is a misdemeanor, punishable as provided in Section
1.20.010A of this code.
(Prior code § 13-1)
6.04.020 Places of confinement-Sanitation.
No person shall keep or maintain or cause or permit to be kept or maintained for
the use, restraint or confinement of any animal or fowl any yard, coop, building,
structure, pasture, pen, hutch, kennel or enclosure which is in an unsanitary condition.
(Prior code § 13-1.5)
6.04.030 Places of confinement-Distance from certain buildings.
No person shall keep any animal, wild or domestic, other than cats, dogs, canaries
or birds of the psittacinae family, or a combined total of no more than two of any
combination of rabbits, chickens (other than roosters), ducks or pigeons within
fifty feet of any residence or dwelling house or other building used for the habitation
of human beings, or within one hundred fifty feet of any school, hospital, or similar
institution, provided that this section shall not prohibit the keeping of horses
which are kept in accordance with Title 30 of this code.
(Prior code § 13-2)
6.04.040 Flyproof pens.
No person shall keep or maintain any rabbit, hare, chicken (other than a rooster),
turkey, goose, duck, pigeon, pheasant or other fowl unless such fowl, rabbits or
hares are kept or maintained in flyproof pens. This section shall not apply to the
live sale of poultry, rabbits, canaries or birds of the psittacinae family.
For the purposes of this section, a "flyproof pen" is defined as a structure or
cage of a design which prevents the entry therein or the escape therefrom of any
bee, moth or fly and which has a base or floor constructed of solid material capable
of preventing the deposit or accumulation upon the ground of solid and/or liquid
waste from any animal or fowl confined in such structure or cage.
(Prior code § 13-3)
6.04.050 Number of fowl or rabbits permitted.
No person shall keep or maintain more than twelve rabbits, hares, chickens, turkeys,
geese, ducks, pigeons or pheasants or any combination thereof, within three hundred
feet of any residence or dwelling house other than that occupied by such person.
This section shall not apply to the live sale of poultry, rabbits, canaries or birds
of the psittacinae family.
For the purposes of subsection A of this section, no rabbit or hare therein described
shall be counted unless it is over sixty days of age.
(Prior code § 13-4)
6.04.060 Manure-To be covered.
No person shall keep or permit to be kept or permit to remain any manure on any
premises longer than one day, unless the same is kept in a covered bin or box made
of sound metal, brick, stone, concrete or wood, lined with flytight materials, or
buried in the ground and covered with earth or other materials sufficient to prevent
the attraction or breeding of flies or other insects.
(Prior code § 13-5)
6.04.070 Manure-Container maintenance.
No person shall keep or permit to be kept or permit to remain any manure in any
bin or box on any premises for a period longer than seven days and it is unlawful
to fail, refuse or neglect to clean and disinfect a bin or box used to contain manure
or cause the same to be cleaned or disinfected at any time when so ordered by the
health officer, except that wherever five or more horses are kept, such period shall
not exceed four days. The removal of manure shall be accomplished in a covered container
in such a manner that manure is not allowed to escape from the disposal vehicle.
(Prior code § 13-6)
6.04.080 Manure-Storage near dwellings prohibited.
No person shall keep or permit to be kept or permit to remain any manure within
one hundred feet of any church, school, hospital or any place where food products
are kept or stored or manufactured, or within thirty-five feet of any window or
door of any dwelling, hotel or lodginghouse.
(Prior code § 13-7)
6.04.090 Manure-Use as fertilizer.
Nothing contained in Sections 6.04.060, 6.04.070, 6.04.080 and 6.08.010 shall apply to rotted manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes, shrubs or trees, or to rotted manure kept by any nursery or gardener in flyproof containers.
(Prior code § 13-8)
6.04.100 Riding or conducting horses prohibited-Exception.
No person shall ride, drive, lead, guide or otherwise conduct any horse or animal
other than a dog which is securely restrained by a leash or harness, upon any public
sidewalk or parkway; provided that the act of conducting such animal from private
premises by the shortest route to the main traveled portion of the adjacent public
street shall not be prohibited.
(Ord. 5492 § 1 (part), 2005: prior code § 13-10)
6.04.110 Hitching animals to trees or shrubs.
No person shall hitch or tie to any tree or shrub in any public street, alley or
public place in the city any horse or other animal.
(Ord. 5492 § 1 (part), 2005: prior code § 13-11)
6.04.120 Staking animals in streets and other public places.
No person shall tie or stake in any public street, alley or public place any horse
or other animal so that it may interfere with the free use of any travel thereon.
(Ord. 5492 § 1 (part), 2005: prior code § 13-12)
6.04.130 Keeping of animals.
No person shall keep or maintain or permit to be kept or maintained any animal or
fowl within the city, except the following:
Domestic dogs and cats;
Feral cats, as long as such cats are managed by a registered care giver at the location
of the original colony and with the property owner's permission (for purposes of
this provision, a colony constitutes four (4) or more feral cats);
Horses as defined in Title 30 of this code;
All birds and fowl except roosters, guinea fowl, peafowl and the superorder paliognathae
Rabbits, hares, opossums, hamsters, mice, guinea pigs, squirrels, chipmunks, raccoons,
turtles and tortoises;
Fish, nonvenomous snakes and lizards, and constricting snakes under seven (7) feet
Squirrel, woolly and capuchin monkeys;
Any animal or fowl kept or maintained in an authorized circus, carnival, parade,
educational institution for instructional purposes, or the agency designated by
the council to operate an animal shelter for the city.
(Ord. 5492 § 1 (part), 2005: Ord. 5370 § 4, 2004: prior code § 13-16)
6.04.140 Leaving food outside for pets or coyotes prohibited-Exceptions.
No person shall feed or in any manner provide food for one (1) or more nondomesticated
mammalian predators including, but not limited to, coyotes, raccoons, foxes and
Exceptions. This section shall not apply in any of the following instances:
Where the person is the owner of such non-domesticated predator and such predator
is kept under a valid certificate or permit issued by the state of California Department
of Fish and Game;
Where the person provides food for a trapped, injured or unweaned, nondomesticated
predator between the time the agency in charge of animal control is notified and
such predator is picked up by such agency;
Where the person provides food for feral cats.
Notwithstanding any other provisions of this section or this code, no person shall
leave or permit to be left out of doors food for any animal between the hours of
ten p.m. (10:00 P.M.) and six a.m. (6:00 A.M.) of the next day.
(Ord. 5492 § 1 (part), 2005: Ord. 5370 § 5, 2004: prior code § 13-16.5)
6.04.150 Feeding pigeons prohibited.
No person shall deposit on or in any public street, public right-of-way, sidewalk,
public building or public property within the city any food or edible thing which
can be consumed by pigeons.
No person, while on or in any public street, public right-of-way, sidewalk, public
building or public property within the city, shall feed or cause to be fed any pigeon.
(Ord. 5492 § 1 (part), 2005: Ord. 5058 § 1, 1994: prior code § 13-16.6)
6.04.160 Keeping of certain animals restricted.
No person shall keep or maintain any raccoon, capuchin monkey, squirrel monkey or
woolly monkey in the city, without first obtaining a permit there-for from the
city clerk as provided by Section 6.08.151of this code.
Applicants for such permit shall pay a permit fee per animal year or any fraction
thereof, as established in accordance with Section
6.04.180. Such permit fee shall be paid annually in advance and shall be
due and payable on the first day of February of each year. No permit issued under
this chapter shall be transferable or assignable, or entitle any person other than
the person named therein to keep or maintain any animal pursuant to the terms of
Upon receipt of an application for a permit to keep such animals, the city clerk
shall grant such permit and issue the same if the city clerk or the city clerk's
authorized representative determines that such animal will be harbored and restrained
in a safe, secure and proper manner without menacing or endangering the safety of
any person or property. Such application shall be accompanied by a filing fee as
established pursuant to Section
6.04.180. As a condition of granting the permit, the city clerk may require
that such animal be properly caged or tethered and may promulgate and issue conditions
for the keeping or maintaining of such animals within the city.
Any permit issued under this chapter may be revoked by the city clerk if the city
clerk determines that there has been a violation of any provision of this code,
or any condition or regulation issued by the city clerk, or when, in the determination
of the city clerk or the city clerk's authorized representatives, the safety of
any person or property is menaced or endangered by the keeping of such animal.
(Ord. 5113 § 1, 1996: prior code § 13-17)
6.04.170 Keeping of certain animals-Application to existing activities.
Any person keeping or maintaining or permitting to be kept or maintained any restricted
or prohibited animal pursuant to Sections
6.04.130 and 6.04.160
prior to the enactment of such sections shall have thirty (30) days from the effective
date of the ordinance codified in this section in which to comply with the provisions
of Sections 6.04.130 and 6.04.160.
and 6.04.160 shall
not apply to any such animals, prohibited or restricted, properly caged in a safe
manner when being transported through the city by the most direct permissible route
and in an expeditious manner in continuous movement without any unnecessary delays,
except for delays necessitated by obedience to official traffic control devices
or the directions of a duly authorized peace officer.
(Ord. 5492 § 1 (part), 2005: prior code § 13-17.5)
The amount or rate of license fees, filing fees, permit fees, and any other fees
to be paid to the city as provided in this chapter, shall be established and/or
modified by resolution of the city council. The schedule for such fees shall remain
on file and be available in the office of the city clerk. The city clerk shall review
the fees charged for such services at least once annually and shall, with the approval
of the city manager, recommend changes to the council when the costs for such services
make it appropriate. All of such license fees, permit fees, filing fees and any
other fees provided for in this chapter shall be paid to the city clerk.
(Prior code § 13-17.6)
6.04.190 Stray animals declared a nuisance-Exceptions.
No person owning, having an interest in, harboring or having the care, charge, control
or possession of any animal other than domesticated or feral cats shall permit or
allow it, either willfully or through failure to exercise due care or control, to
be, remain, go or run at large upon any public street, alleyway, park or unenclosed
lot or land in the city.
Any animal at large upon a public street, alleyway, park or other public place or
upon any unenclosed lot of land in the city is declared to be a nuisance and dangerous
to the public health and safety. Nothing in this section shall prohibit the city
and/or its agents or employees, including humane society employees, from issuing
traps for the purpose of trapping animals, including domesticated or feral cats,
at large. Nothing in this section shall prohibit the city and/or its agents or employees,
including humane society employees or registered care givers of feral cats, from
trapping animals, including domesticated or feral cats, at large. Trapping by registered
care givers of feral cats shall be for the purpose of a T-N-R program.
An animal shall not be considered to be at large if such animal is attached to a
chain or leash not exceeding six (6) feet in length, and held continuously by a
reasonable person capable of controlling it, or if such animal is upon private property
which is in the possession of a person or persons who either own or have control
of the animal, or if such animal is securely confined within an automobile.
(Ord. 5370 § 6, 2004: Ord. 5285 § 1, 2001: Prior Code § 13-18)
6.04.200 Stray animals-Rights of finder.
Any person finding any stray domestic animal or fowl may take such animal up if
such person complies with the applicable provisions of this chapter.
(Prior code § 13-19)
6.04.210 Stray animals-Notification of control office.
Every person, except an animal control officer, taking up any stray domestic animal
or fowl shall, within twenty-four hours thereafter give notice to an animal control
The fact that such person has such animal or fowl, giving a complete description
The license number for such animal, if any, and by what county or city issued. If
such animal has no license tag affixed to it, such person shall so state; and
The place where such animal or fowl is confined.
(Prior code § 13-20)
6.04.220 Stray animals-Surrender on demand.
Any person taking up any stray domestic animal or fowl shall surrender it to an
animal control officer or to the animal control officer's duly authorized representative
(Ord. 5370 § 7, 2004: prior code § 13-21)
Any person who is a qualified humane officer under the laws of the state of California
and who is an employee of the city or of any agency under contract with the city
to provide animal care or protection services, which agency is incorporated for
the purpose of the prevention of cruelty to animals, may issue notices to appear
in court as prescribed by state law for any violations of state and local animal
control laws occurring within the city, including but not limited to violations
of this title, provided such employee shall not be authorized to take any person
into custody even though the person to whom the notice is delivered does not give
his or her written promise to appear in court. This section shall in no way limit
the power of police officers of the city to issue citations and make arrests.
(Prior code § 13-20.1)
6.04.240 Redemption of impounded animals.
Any person may make application to the agency designated by the council to operate
a pound for the city for the return of any animal or fowl impounded therein and
upon presentation of proof satisfactory to the agency that such person is rightly
entitled to the possession of such animal or fowl may recover it upon presentation
of an impound fee to be fixed by agreement between the council and such agency,
together with the reasonable expense of its keep. The agency shall retain any fees
collected by it under this section.
If the animal impounded is a dog, it shall not be released to the owner unless the
current dog license fee has been paid and the owner exhibits a certificate signed
by a veterinarian who has been licensed either by the state or by another state
to practice veterinary medicine that:
Such dog has been vaccinated with tissue phenolized vaccine less that one year prior
to date of release; or
Such dog has been vaccinated with chick embryo vaccine less than two years prior
to date of release; or
Such dog is exempted from vaccination by this chapter.
(Prior code § 13-22)
6.04.250 Impounding or destruction by certain persons.
Any police officer, animal control officer or person employed by the city for such
purpose is authorized to capture and impound any animal or fowl found within the
city and not restricted or confined as required by this chapter. In case such capture
cannot be quickly effected and the unrestrained animal or fowl constitutes a menace
or danger to persons or property, such officer or person is authorized to destroy
such animal or fowl.
(Prior code § 13-23)
6.04.260 Disposition of animals and fowl impounded by city.
Not less than twenty-four hours after the impounding of any animal or fowl, unless
sooner recovered by the owner or person entitled thereto, the agency designated
by the council to operate a pound for the city may destroy such animal or fowl or
dispose of it to any person paying all fees or charges required by law. The agency
shall retain any fees collected by it under this section.
If the animal impounded is a dog, it shall not be released to the person applying
for it unless the current dog license fee has been paid and the owner exhibits a
certificate signed by a veterinarian licensed either by the state or by another
state to practice veterinary medicine that:
Such dog has been vaccinated with tissue phenolized vaccine less than one year prior
to date of release; or
Such dog has been vaccinated with chick embryo vaccine less than two years prior
to date of release; or
Such dog is exempted from vaccination by this chapter; or
Such dog is less than four months of age.
(Prior code § 13-24)
6.04.270 Release of impounded animal prior to rabies vaccination.
Notwithstanding the provisions of Sections
6.04.240 and 6.04.260
to the contrary, an impounded dog may be released from the pound prior to its vaccination
for rabies if the person securing such release agrees in writing to cause the dog
to be vaccinated for rabies and furnish to the operator of the pound within five
days after such release a veterinarian's certificate of vaccination for rabies or
furnish a veterinarian's certificate that such dog is exempted from vaccination
by the provisions of this title, which certificate shall state the grounds, reasons
and duration of the exemption. No person obtaining the release of a dog upon such
a condition shall fail to comply therewith within the five-day period specified.
When the dog is released from the pound prior to vaccination, the operator of the
pound shall accept payment of the fee for a license tag and license for the dog,
but shall not issue the tag or license until the conditions imposed by this chapter
have been fulfilled.
(Prior code § 13-25)
6.04.280 Approval by city council.
Whenever a power is granted to or a duty imposed by any section of this title, the
power may be exercised or the duty may be performed by either a person, firm, association
or corporation by contract approved by the city council.
(Prior code § 13-74)
It shall be authorized and competent for any contract entered into by the city pursuant
to the provisions of Section 6.04.280
to provide that the duties of the city clerk imposed by any section of this title
may be performed by the person, firm, association or corporation with whom such
contract is thus entered into. Such contract may provide for the collection and
the retention of all fees collected pursuant to such contract as the consideration
for such services.
(Prior code § 13-75)