6.08.010 Running at
No person owning any dog, or having the care, custody, or control or possession of any dog shall suffer, allow, or permit such dog to run, be, or remain at large on any public street, road, alley, park, square, or other public place or upon any private property other than the property of the owner or custodian of such dog without the consent of the owner of such property, within the corporate limits of the city; and all dogs may be deemed running at large within the meaning of this section unless tied or restrained by chain, strap or cord, not to exceed six feet in length, attached to their collars and actually held by some person, or staked away from the public walkway or thoroughfare. Any such restraining device shall be of sufficient strength as to prevent being broken, severed or otherwise rendered ineffective by the weight and/or strength of the dog. 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. 766 (part), 1987: prior code §3-13)
6.08.020 Control or
No person owning or having care, custody, control or possession of any dog shall allow the dog to remain outside of a secure building or dwelling on the premises of the person unless the dog is within a fenced enclosure which is adequate to contain the dog, or unless the dog is securely tethered so as to prevent the dog from leaving the premises at will. Any dog so tethered shall be secured in such a manner as to be unable to cross the property line of such premises and shall further be restrained from entering onto any sidewalk, street, road, or other such place designated for the use of the public. (Ord. 766 (part), 1987: prior code §3-13.1)
6.08.030 Dogs in vehicles.
No dog, except a dog assisting a peace officer engaged in law enforcement duties, shall be transported on any public thoroughfare or left unattended in any vehicle parked on any street, road, alley or off-street parking facility, whether public or privately owned, unless such dog is totally enclosed within such vehicle, within a secured container carried upon such vehicle, or securely cross-tethered to such vehicle in such a way as to prevent a falling out of, or off, such vehicle. No dog shall be left completely enclosed in a parked vehicle without adequate ventilation, or in a way as to subject the dog to temperatures sufficiently above the ambient to affect the dog's health and welfare. Any dog found in violation of this section may be impounded for the safety and protection of the dog and the public by the animal control officer. (Ord. 766 (part), 1987: prior code §3-13.2)
6.08.040 Female dogs
It is unlawful for any person owning or having the possession of any female dog in heat to permit the same to run at large or to run loose on or within the premises of such person. Running loose is defined for the purposes of this section as being outside of a house, closed garage, or other closed building, whether tied or not. (Prior code §3-15)
Any dog which continually and habitually barks, whines, or howls to the discomfort and inconvenience of other citizens is a public nuisance. It is unlawful for any person to own or possess a dog which is a public nuisance. (Prior code §3-16)
in food establishments.
No person shall allow, permit or take any dog whether loose, on leash or in arms, into any restaurant, grocery store, meat market, fruit store or food establishment of any kind in the city. (Prior code §3-17)
Seeing-Eye or guide dogs are those dogs which have been especially trained to lead and aid the blind. Any blind person having custody of such a Seeing-Eye or guide dog may keep and harbor the dog within the city without purchasing a permit to keep a dog from the finance director and may lawfully take the dog into any food establishment of the city unless prohibited by the management thereof. (Prior code §3-18)
It is unlawful for any person owning, harboring or having the care, custody or possession of any dog past the age of four months to keep or harbor such dog within the city unless such dog is vaccinated against rabies and the owner or person having control of such dog has secured a permit to keep a dog as provided in this chapter. (Prior code §3-19)
Every person keeping or harboring any dog past the age of four months within the city shall secure a permit to keep a dog by causing the dog to be registered in the following manner:
A. Furnish to the finance director a description of the dog sufficient for identification, which description shall be entered in a record kept by the finance director for that purpose;
B. Pay the finance director a registration fee equivalent to six dollars per annum for either male or female dog except as otherwise set forth in subsections C and D of this section;
C. Upon presentation of a certificate from a licensed veterinarian that the dog has been spayed or neutered or that the dog cannot be spayed or neutered for medical reasons, the registration fee shall be equivalent to two dollars;
D. No registration shall be required to be paid for Seeing-Eye or guide dogs for the blind. (Prior code §3-20)
Subject to Sections 6.08.020 through 6.08.140, the finance director shall, upon proper registration and payment of the fee as provided in Sections 6.08.020 through 6.08.140, issue to the owner or person having control of the dog a permit to keep a dog and a metal identification tag having a number corresponding with the registration number of the dog. The holder of a permit to keep a dog shall preserve the same and shall, upon demand of the animal control officer or police officer, show such permit. (Ord. 1077 §3(part), 1998; prior code §3-21)
No permit to keep a dog shall be issued for any dog which has attained the age of four months or over unless a valid official certificate of vaccination signed by a licensed veterinarian shall indicate the date of vaccination and the type of vaccine used. The certificate shall be accepted as valid if the date of expiration exceeds the requested registration period (one or two years) and the vaccine used is approved by the state for the length of time indicated on the certificate. (Prior code §3-22)
6.08.120 Collars required--Tags--Impoundment.
Every registered dog shall be provided by the owner or possessor thereof with a suitable collar or other device to which shall be attached the metallic identification tag issued by the finance director. Every dog not registered and not provided with such collar or other device and metallic identification tag found upon any of the streets, alleys, lanes, courts or other public places in the city or upon any private property, whether leashed or unleashed, or whether or not it is in any manner under the control of any person, shall be taken into custody of the animal control officer or his assistants and lodged in the public animal control shelter. It is unlawful for any person to use any metallic identification tag for any dog other than the dog for which it was specifically issued. (Ord. 1077 §3(part), 1998; Prior code §3-23)
Lost identification tags may be replaced by surrendering to the finance director the permit to keep a dog issued at the time the lost identification tag was procured, and by paying the finance director a fee of fifty cents. After complying with the above provision, the finance director shall again register the dog, issue a new permit to keep a dog and new identification tag. The finance director shall attach the surrendered permit to keep a dog to substantiate the fee collected and verify the transaction. (Prior code §3-24)
fee--Penalty for late registration.
A. The registration fee for keeping a dog within the city shall be six dollars per dog per year, except for spayed females and neutered males, for which such fee shall be two dollars per year upon presentation of a certificate of veterinarian. The registration fee shall be payable in advance of the finance director.
B. The fee may be prepaid for one-year or two-year period, provided that the applicant presents a valid vaccination certificate extending through the period for which applicant desires. Registration fee shall be paid on the first day of January each year.
C. Such registration shall be made, and the fee therefor paid, on or before the first day of February. Failure to register and pay the required fee within the term prescribed shall cause such fee to become delinquent and penalties shall be added to the regular fee and collected by the finance director at the time of such delinquent registration, in the following amounts:
1. Delinquent one month or less, fifty cents;
2. Delinquent over one month and less than three months, one dollar;
3. Delinquent over three months, two dollars fifty cents, plus one dollar for each month over three months. Any delinquency shall constitute a violation of the provisions of this chapter. (Prior code §3-25)
A. Any person, except as hereinafter provided, proposing to construct or locate a dog kennel in the city for the purpose of breeding, raising, boarding, or harboring dogs, must first obtain a permit to conduct a dog kennel from the finance director. Such permit shall be issued only after review by the district health officer of the San Joaquin Local Health District. Such permit shall not be issued until a notice has been posted by the chief of police or his designee in a conspicuous place on the premises for ten days, during which time any person owning or living in property within two hundred feet of the property on which the kennel is proposed to be constructed or located, may file a protest with the chief of police or his designee and, upon receipt of such protest, the chief of police or his designee shall refuse to approve the application. The chief of police or his designee may prescribe which of the aforesaid activities mentioned may be allowed in the kennel for which the permit to conduct a dog kennel is granted.
B. Any person having more than three dogs in possession which are four months of age or older shall be considered as operating a dog kennel and must obtain a permit to conduct a dog kennel as set forth in subsection A of this section. C. The provisions of this section pertaining to the posting of notice and protest of any person owning or living in property within two hundred feet shall not apply to kennels which were established and operating on April 5, 1954. This exception shall apply only so long as such kennels remain established at same location and on the same lot or lots as they were on that date. (Ord. 1077 §3(part), 1998; prior code §3-26)