HomeMy WebLinkAbout2012/02/28 Item 13CITY COUNCIL
AGENDA STATEMENT
~~ _ ~ \~f// CITY OF
1°~` CHULA VISTA
FEBRUARY 28, 2012, Item
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA REVISING
TITLE 6, ANIMALS, OF THE MUNICIPAL CODE AND
ADDING NEW SECTION 6.01, DEFINITIONS; SECTION
6.22, MANDATORY SPAY/NEUTERING; SECTION 632,
MICROCHIPPING; AND SECTION 6.33, GENERALLY
SUBMITTED BY: ANIMAL CARE FA ITY MANAGER ~n~
REVIEWED BY: CITY MANAGE
ASSISTANT CIT MANAGERS
4/STHS VOTE: YES ~ NO
SUMMARY
The City of Chula Vista Animal Care Facility (CVACF) is responsible for animal care and
animal control services in the City of Chula Vista. One of the goals of the CVACF is to
maximize the save rate for dogs and cats impounded at the CVACF.
This action recommends changes and additions to Title 6, Animals, of the City of Chula
Vista's Municipal Code intended to improve the save rate of impounded cats and dogs as
well as to update this portion of the Municipal Code.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines
because it consists of administrative activities that will not result in direct or indirect
physical changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental
review is necessary.
RECOMMENDATION
Council accept the Ordinance for first reading.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
13-1
FEBRUARY 28, 2012, Item ',.:
Page 2 of 4
BACKGROUND
The CVACF is responsible for providing animal caze and animal control services in the
City of Chula Vista. Much of Title 6, Animals, of the Municipal Code is outdated and in
need of updating. In addition, the CVACF has a goal of improving the save rate of dogs
and cats impounded at the Facility. Over the past four years, the CVACF has averaged
approximately 2,600 cats impounded each year and approximately 2,500 dogs impounded
each year from the City of Chula Vista.
At the CVACF, dogs and cats are generally only euthanized if they cannot be adopted
due to medical or behavior issues. Animals euthanized include those requested by the
owner. ' In addition, almost all feral cats are euthanized due to behavior issues. During
the past four years, the CVACF has averaged approximately 1,630 euthanasias of cats
each year and approximately 700 euthanasias of dogs each year.
Over the past few years, the CVACF has been successful through adoption programs and
events and working with dog and cat rescue groups in adopting all dogs and cats that do
not have significant medical or behavioral issues. However, staff is aware that crowding
can lead to increased medical and behavioral issues. Crowding is especially challenging
during the "kitten" season. The City has been able to pursue a cattery expansion project
through a combination of donated funds, construction labor and materials. This project
will double the size of the cattery and is expected to be completed in March 2012.
DISCUSSION
The CVACF's success in adoptions has helped with the save rate for dogs and cats. The
CVACF is now pursuing ways to reduce the intake of stray dogs and cats which should
also improve the save rate.
City staff has researched methods used by other agencies to reduce intakes such as
mandatory spay/neuter for all dogs and cats not meeting certain exemptions and requiring
all breeders of dogs and cats to be licensed. In addition, staff held three public meetings
on these topics with a total attendance of approximately 60 people. Subsequently, staff
met with a subset of interested stakeholders at nine meetings over the past four months to
discuss vazious alternatives primazily focused on reducing dog and cat intakes at the
CVACF.
Education
Much of the discussion was focused on influencing pet owners to be responsible in their
care of their pets. City staff is developing an educational program on responsible pet
ownership. This program will include written information for distribution to pet owners
as well as a program targeted for high school students that would include classes and
sponsoring pet clubs at al] Chula Vista High Schools.
Microchipnina
Microchipping is seen as a successful means of quickly reuniting stray pets with owners.
Therefore, staff is recommending mandatory microchipping of dogs and cats on first
impound. In addition, City staff is working on a program to offer low or no cost
microchipping for low income Chula Vista residents.
J:\AdminSup\SCOTr\Animal Care\2-23-12 staff report re Municipal Code changes re Animalsdoc
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FEBRUARY 28, 2012, Item ~'
Page 3 of 4
SPay/Neuterin>T
Spaying or neutering dogs and cats should reduce the number of unplanned litters and
thus reduce the number of stray impounds at the CVACF. Staff is recommending
increasing the fee for intact dogs and cats impounded at the CVACF. However, staff is
also recommending implementing a Spay Neuter Incentive Program (SNIP) similar to
that in place at the County of San Diego. If an owner chooses the SNIP program rather
than paying the higher intact animal impound fee, the reduced fee would be $75 and
would cover spay/neuter, microchipping, vaccinations and a one year license for dogs. In
addition, staff is recommending mandatory spay/neuter of dogs and cats impounded a
second time. Staff is also recommending that the CVACF Manager have the authority to
waive impound regulations in the case of extraordinary circumstances such as
earthquakes and fire. In addition, the CVACF recently acquired its own vehicle to do
spay, neutering and adoption events. This vehicle will be used to offer low/no cost
spay/neuter events for low income Chula Vista residents.
ReQUlations
Staff is proposing to amend and add a number of regulations related to the CVACF.
Staff is recommending increasing the licensing fee for unaltered dogs and creating a fine
for unlicensed dogs.
The City of Chula Vista currently has limits on the number of dogs and cats residents can
have based on the size of their residential property. Staff is recommending that authority
be granted to the CVACF Manager to waive pet limit regulations on a case-by-case basis
up to the total number of dogs and cats authorized by the Municipal Code, and to apply
those limits only to dogs and cats over six months of age.
Staff is recommending updating the definition in the Municipal Code for kenneling
requirements and barking dog and dangerous dogs rules. These updates are largely
modeled on the County of San Diego's requirements.
The State of California prohibits sale of pets in the public right of way. Staff intends to
enforce this prohibition as staff resources permit.
The State Board of Equalization defines "pet sellers" as anyone selling more than two
pets per year. City staff recommends incorporating this definition in the Municipal Code
and requiring pet sellers to abide by selected Municipal Code kenneling requirements as
amended by this action to insure the health and safety of these animals.
Dogs running at lazge or off leash increase the number of unplanned litters and
potentially endanger residents. The Municipal Code already includes leash requirements.
City staff intends to better enforce these requirements as staff resources permit and is
recommending establishment of a fine for violation of leash regulations.
Fee and Fine Changes contemplated as part of this issue are listed in Attachment 1 and
will be brought forward as part of the next Master Fee Schedule update this spring.
J:\AdminSup\SCOTT\Mimal Care\2-23-12 staff report re Municipal Code changes re Mimals.doc
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FEBRUARY 28, ?012, Item lei
Page 4 of 4
City staff intends to monitor the impacts of these recommendations on the intake of dogs
and cats at the CVACF over time and plans to meet with interested stakeholders on a
quarterly basis and provide periodic feedback to the Mayor and Council.
DECISION MAKER CONFLICT
Staff has reviewed the actions contemplated by this item and has determined that the
actions are not site specific and, consequently, the 500-foot rule found in California Code
of Regulations Section 18704.2(a) is not applicable.
CURRENT YEAR FISCAL IMPACT
No significant fiscal impact is expected as a result of this action. The upcoming Master
Fee Schedule update will address the related fiscal impacts.
ONGOING FISCAL IMPACT
No significant fiscal impact is expected as a result of this action. The upcoming Master
Fee Schedule update will address the related fiscal impacts.
ATTACHMENTS
Fee/Fine Recommendations
Existing Title 6
Prepared by.' Assistant City Manager Scott Tu(loch
J:\AdminSup\SCOTT1Animal Care\2-23-12 staff report re Municipal Code changes re Animals.doc
13-4
Chula Vista Animal Care Facility
Recommended Fee/Fine Changes and Additions
Current Recommended
City of Chula Vista City of Chula Vista
LICENSING FEES
-_ _ - - --... - -~- -- ---------T _ _
- y -- _
License 1 r unaltered -- $ 30.00
$ 25.00
_- __
_..
License 3 yr un
altered _ $_ ___ 50.0$ 72.00
_ __
ANIMAL IMPOUNDMENT FEES
9
t
__
und unaltered _
~St Im
P
_ _- 25 00 $25 plus $150
~ __
-
P
_
2nd Im ound unaltered
-- T --
$ 45 00 $45 plus $250 or MSN
--
Spay Neuter Incentive Program (SNIP) T $__ - $ 75.00
__- ---
_ ~
MSN -Mandatory Spay/Neuter _ ,.
OTHER FEES
-
Unlicensed dog
--- -- -
$ 50.00
$
--
Animal Running at Large (off leash) _
__ _
$ - , $ 25.00
{
1
__ _
NOTE: Specific recommendations will be presented to Council for approval as part of a future
Master Fee Schedule update.
13-5
existing Tii'le 6
Tiue 6
ANIMALS
Chapters:
6.02 Keeping Animals -Regulations Generally
6.04 Keeping Pe[s, Livestock, Birds and Bees
6.08 Keeping Commercial Poultry and Rabbits
6.12 Grazing and Impoundment
616 Dead Animals
6.20 Dog Licenses
6.24 Restraining Dogs
6.26 Animals in Vehicles
6.28 Rabies Control
6.30 Animal Sales
- l~-1 (Revised 7/07)
Chula Vista Municipal Code 6.04.010
Chapter 6.02
KEEPING ANIMALS -
REGULATIONS GENERALLY
Chapter 6.04
KEEPING PETS, LIVESTOCK,
BIRDS AND BEES*
Sections:
6.02.010 Keeping certain animals prohibited -
Special permits.
6.02.020 Enforcement authority.
6.02.010 Keeping certain animals prohibited
-Special permits.
A. The keeping of animals, birds, fowls or rab-
bits not expressly permitted by Chapters 6.04 and
6.08 CVMC is prohibited unless a special permit is
obtained.
B. Special Permits. Special permits may be
granted for the maintenance of animals not in strict
conformance with the provisions of this title during
special events for a period of not more than two
months, if the chief of police makes a finding that
the public health and welfare will not be endan-
geredthereby, and such animals shall be kept in a
manner consistent with the conditions imposed, if
any, in such special permit and within the scope
thereof. (Ord. 2506 § 1, 1992; Ord. 2052 § 1, 1983;
Ord. 774 § 2, 1961).
6.02.020 Enforcement authority.
It-shall be the duty of the chief of police to
enforce all the provisions of CVMC Title 6.
According to the provisions of the California Penal
Code Section 830.9, the animal control officers of
the city may exercise designated powers of arrest.
(Ord. 2506 § 1, 1992; Ord. 774 § 3, 1961).
Sections:
6.04.010 Horses, cattle or sheep -Quantity
permitted -Location -Certain
conditions deemed nuisance -
Abatement.
6.04.020 Parakeets or similar domestic birds -
Quantity permitted.
6.04.030 Dogs, cats -Quantity permitted in
residential zones.
6.04.050 Chinchillas or hamsters -Quantity
permitted -Housing restrictions.
6.04.060 Swine and goats prohibited -
Exceptions.
6.04.070 Wild animals prohibited -Hawks and
falcons excepted when -Other
exceptions.
6.04.080 Rabbits, domestic fowl and pigeons -
Quantitypermitted.
6.04.090 Rabbits and domestic fowl -Housing
restrictions.
6.04.100 Beekeeping permitted when.
6.04.110 Sanitary regulations.
6.04.111 Reptiles prohibited in public places
and on property other than owner's.
* For statutory provisions regarding animals running at
large, see Agric. Code § 17001, et seq.; for provisions
regarding inhumane impounding, see Pen. Code
§ 597e.
CROSS REFERENCE: Dog Licenses, see Ch. 6.20
CVMC.
6.04.010 Horses, cattle or sheep -Quantity
permitted -Location -Certain
conditions deemed nuisance -
Abatement.
A. No horse, cow or sheep shall be kept or
maintained within 100 feet of any dwelling, not
including the owner's.
B. One cow or two sheep maybe kept by a fam-
ily on a single tract of land having a minimum of
15,000 squaze feet, or two horses on a single tract
of land having a minimum of 20,000 square feet
theiein, and containing not more than one single-
family dwelling unit thereon. One additional horse
may be kept for each 20,000 squaze feet over the
minimum lot azea of 20,000 square feet.
13-76-3
6.04.020
C. Any animals kept as hereinabove provided
which are responsible for obnoxious odors, objec-
tionable noise, unusual amounts of flies or unsani-
tary conditions which affect the peace and welfare
of the immediate neighborhood are declared to be
public nuisances and may be summarily abated by
the director of public health. (Ord. 2087 § 1, ] 984;
Ord. 1558 § 1, 1974; Ord. 1365 § 1, 1971; Ord. 774
§ 1, 1961; prior code § 4.1(A), (H)).
6.04.020 Parakeets or similar domestic birds
- Quantity permitted.
Fifty (50) pazakeets or similar domestic birds
may be kept on a tract of land, providing it has a
minimum of 7,000 square feet therein. (Ord. 774
§ 1, 1961; prior code § 4.1(G)).
6.04.030 Dogs, cats -Quantity permitted in
residential zones.
A. Single-family lots of less than 3,500 square
feet and all multiple-family dwellings: The keeping
of any animal other than one dog and one cat, or two
dogs or two cats, per dwelling unit is prohibited.
B. Single-family lots with at least 3,500 square
feet but less than 10,000 square feet: The keeping
of more than three dogs and three cats is prohibited.
C. Single-family lots with at least 10,000
square feet but less than 15,000 squaze feet: The
keeping of more than four dogs and four cats ispro-
hibited.
D. Single-family lots with at least 15,000
squaze feet but less than 20,000 square feet: The
keeping of more than five dogs and five cats is pro-
hibited.
E. Single-family lots of 20,000 square feet or
larger: The keeping of more than six dogs and six
cats is prohibited.
F. Nonresidential lots: The keeping of more
than three dogs and three cats is prohibited, except
as permitted by Chapter 6.08 CVMC for kennels,
catteries and pet shops. (Ord. 2267 § I, 1988; Ord.
1888 § 1, 1980; Ord. 774 § 1, 1961; prior code
§ 4.1(C)).
6.04.050 Chinchillas or hamsters -Quantity
permitted -Housing restrictions.
A. Chinchillas or hamsters may be housed in a
basement or garage or in a building attached to the
dwelling of their owner, but shall be located a min-
imum of 50 feet from any other dwelling when
housed in a hutch or similar enclosure in a yard.
B. Twenty-five (25) pair of chinchillas or 20
hamsters may be kept by one family on a single
tract of land having a minimum of 7,000 square
feet therein and containing not more than one sin-
gle-family dwelling unit thereon. (Ord. 774 § I,
1961; prior code § 4.1(I), (B)).
6.04.060 Swine and goats prohibited -
Exceptions.
The keeping of hogs, pigs or other swine or
goats within the city is expressly prohibited:
A. Where the keeping of any such animals was
lawfully established and existing in an area there-
after annexed to the city, such keeping may, with-
out enlazgement, be continued for a period not to
exceed three yeazs after date of annexation of the
azea wherein contained;
B. Such animals not exceeding two in number
may be maintained for bona fide educational pur-
poses upon application of a public or private school
to the city council and approval by the city council,
both as to the type and number of animals to be kept
for such purposes and the manner of their keeping;
C. One miniature pig, not exceeding 18 inches
at the shoulder or 100 pounds, may be kept per
dwelling unit. However, the breeding of miniature
pigs, for any and all purposes, is expressly prohib-
ited. Owners of miniature pigs shall comply with
regulations existing in CVMC 6.04.110 (sanita-
tion) and CVMC Chapters 6.24 (restraint) and 6.26
(vehicular transport safety). In addition to other
penal sanctions, an animal control officer or peace
officer of the city may, after such notice to the
owner as the circumstances permit, seize and
remove a miniature pig to an animal shelter. (Ord.
2456 § 1, 1991; Ord. 1585 § 1, 1974; Ord. 1514
§ 1, 1974; Ord. 774 § 1, 1961; prior code § 4.1(E)).
6.04.070 Wild animals prohibited -Hawks
and falcons excepted when -Other
exceptions.
No person shall possess or maintain within the
jurisdiction of the ordinance codified in this section
any animal which is not normally domesticated in
the United States, including, but not limited to, any
lion, tiger, bear, nonhuman primate (monkey,
chimpanzee, etc.), wolf, cougar, ocelot, wildcat,
skunk or venomous snake, irrespective of its actual
or asserted state of docility, tameness or domestic-
ity. Such an anima] shall be referred to as a "wild
animal." The sale, possession for sale, importation
or breeding of a wild animal is absolutely prohib-
ited. This section does not apply to birds, small
rodents or small nonpoisonous reptiles commonly
used for educational or experimental purposes or
for pets.
6-413-8
Chula Vista Municipal Code 6.04.110
This section shall not apply to legally operated
zoos or circuses or to recognized institutions of
Teaming or scientific reseazch unless the chief of
police gives 48 hours' advance notice that, by rea-
son of inadequate caging or other means of protec-
tion of the public from such animals, or by the
ineffectiveness of sanitation measures, or by a par-
ticulaz hazard connected with the animal or ani-
mals involved, the public health and welfare will
be endangered. It is further provided that certain
raptorial birds or birds of prey, such as hawks and
falcons, may be maintained in the city by licensed
falconers, who may acquire a qualified ownership
of such birds of prey for the practice of falconry by
complying-with Fish and Game Commission roles
and regulations. (Ord. 1792 § 1, 1978; Ord. ls8s
§ 1, 1974; Ord. 1614 § 1, 1974; Ord. 774 § 1, 1961;
prior code § 4.1(F)).
6.04.080 Rabbits, domestic fowl and pigeons
-Quantity permitted.
Twelve (12) rabbits, 12 hen chickens, four hen
turkeys, four ducks, four geese, 2s pigeons (all
breeds) may be kept by one family on a tract of
land, providing it has a minimum of 7,000 squaze
feet therein and contains not more than one single-
family dwelling unit thereon; provided, however,
that the. total number of all fowls and rabbits shall
not exceed 2s. (Ord. 774 § 1, 1961; prior code
§ 4.6(A)).
6.04.090 Rabbits and domestic fowl -
Housing restrictions.
Rabbits and fowl shall be kept or maintained
within a building or fenced enclosure in the reaz
yard, as defined by the zoning ordinance of the
city, and shall be not less than s0 feet from any res-
idence, not including the owner's, and not less than
five feet from any property line adjacent to the
owner's property. The provisions of this subsec-
tion shall not apply to parakeets, canaries and sim-
ilar birds. (Ord. 1639 § 1, 197s; Ord. 774 § 1,
1961; prior code § 4.6(B)).
6.04.100 Beekeeping permitted when.
It is unlawful for any owner or occupant to allow,
permit or maintain stands or hives of bees in or
upon the owner's or occupant's premises if the pre-
mises are within 600 feet of any building used for
residential purposes in the city; provided, however,
that nothing contained in this section shall be
deemed or construed to prohibit the keeping of
bees:
A. In a hive or box located in a schoolhouse or
museum for the purpose of study or observation;
B. In a hive or box located and kept within a
physician's office or laboratory for medical
research, medical treatment or scientific purposes;
C. In one hive or box located on residential
property for scientific research or study purposes,
when maintained in such a manner as to prevent a
nuisance or annoyance to surrounding property
owners. (Ord. 1030 § 1, 1966; prior code § 4.11.3).
6.04.110 Sanitary regulations.
A. All dead birds of animals or skins shall be
kept in tight containers and removed from the pre-
mises at least every seven days.
B. All stables, houses, pens, coops, hutches,
runways, corrals and yazds shall be maintained in a
clean and sanitary condition. They shall be cleaned
once a week or more often if, in the opinion of the
director of public health, it is deemed necessary to
prevent an insanitary condition, and shall at all
times be free from offensive odors.
C. All stables, houses, coops and hutches shall
be lime-washed of painted at least once a year.
D. The floors of every building or coop where
birds are kept shall be smooth and tight and be
maintained to prevent an accumulation of filth and
water or hazboring of rodents.
E. If runs aze provided, and the ground cannot
be kept in a clean and sanitary condition at all times
as required by the director of public health, then
said runs or pens shall have floors constructed of
concrete.
F. Rabbits, chinchillas and hamsters shall be
kept in hutches or cages provided with floors that
are removable or with a removable tray for the pur-
pose of cleaning and disinfecting.
G. All animal, fowl and rabbit droppings and
food scraps shall be removed from the premises at
least once a week or more frequently if, in the opin-
ion of the director of public health, it is necessary
to prevent an insanitary condition.
H. All food for animals, birds, fowl and rabbits,
except hay and straw, shall be stored in containers
which offer protection against rodents.
I. No person shall keep or store any fertilizing
material except in containers, bins or rooms which
are fly-tight, dust-proof, and ventilated in such a
manner as to prevent the fertilizer material from
becoming a hazbor for rodents, or a breeding place
for flies.
J. No manure, animal excreta or stable refuse
shall be transported except in a vehicle effectively
covered to prevent the contents from being
13-96-s
6.04.111
dropped, which vehicle shall have been approved
for such transportation by the director of public
health. No person shall permit manure, animal
excreta or stable refuse to be dropped on any street
or public property while being transported in the
city. No person shall keep or store manure, animal
excreta or stable refuse unless the same shall have
been treated with a larvicide satisfactory to the
director of public health. (Ord. 774 § 1, 1961; prior
code § 4.7).
6.04.111 Reptiles prohibited in public places
and on property other than owner's.
It is unlawful for any person who possesses,
maintains or has custody of any reptiles, such as
snakes, lizards or alligators, to carry, guide, direct
or in any way convey such animal upon the public
streets, sidewalks, public rights-of-way, public
pazks or any other public azea or upon the property
of another without express written permission of
the property owner thereof Any such animals
found in the possession, maintenance or custody of
persons in the areas defined in this section may
forthwith be taken into the custody of the animal
regulation officer or peace officers of the city and
held in custody until such time as the judiciary
shall have determined the disposition thereof.
(Ord. 1896 § 1, ]980)..
Chapter 6.08
KEEPING COMMERCIAL POULTRY
AND RABBITS*
Sections:
6.08.010 Definitions.
6.08.020 Businesses subject to health
regulations.
6.08.030 Permit -Required.
6.08.040 Permit -Application -Contents -
Expiration date.
6.08.050 Permit -Inspection fee -Penalty
added when -Disposition of moneys.
6.08.060 Permit -Grounds for suspension or
revocation.
6.08.070 Repealed.
6.08.080 Kennels, catteries and pet shops -
Permit prerequisites.
6.08.090 Kennels, catteries and pet shops -
Location and soundproofing
regulations.
.6.08.100 Kennels, catteries and pet shops -
Care of pets and pet foods.
6.08.110 Kennels, catteries and pet shops -
Sanitary conditions required.
6.08.120 Diseased animals -Notice and
isolation required -Disposal.
6.08.130 Certain conditions deemed nuisance -
Abatement authorized.
6.08.140 Exceptions fo applicabilitq of chapter.
' For statutory provisions regarding inhumane im-
pounding, see Pen. Code § 597e.
6.08.010 De£nitions.
For the purpose of this chapter, certain words
and phrases aze defined as follows, and certain pro-
visions shall be construed as herein set forth, unless
it shall be apparent from the context that they have
a different meaning:
A. "Cat" means any mammal of the genus Felis
Catus, of any breed or sex;
B. "Cattery" means a place kept for the purpose
of the boarding, breeding, raising, selling or
exchanging of cats;
C. "Kennel" means a place kept for the purpose
of the boazding, breeding, raising, selling or
exchanging of dogs;
D. "Kitten" means a cat of four months or less
in age;
E. "Pet shop" means an establishment involved
in selling or exchanging (but excluding boarding,
breeding or raising) any birds, dogs or other pets,
~~-~0
Chula Vista Municipal Code 6.08.090
all of which for the purpose of this chapter are
called pets;
F. `Puppy" means a dog of four months or less
in age. (Ord. 2267 § 1, 1988; Ord. 774 § 1, 1961;
prior code § 4.9).
6.08.020 Businesses subject to health
regulations.
Health regulated businesses shall include ken-
nels, catteries, pet shops, dairy farms and the keep-
ing or maintenance of more than 25 fowl and/or
rabbits. (Ord. 774 § 1,.1961; prior code § 4.8(A)).
6.08.030 Permit-Required.
It is unlawful for any person to own, control,
lease, act as agents for, conduct, operate or manage
any kennel, cattery, pet shop, dairy farm or main-
tain more than 25 fowl and/or rabbits without first
applying for and receiving from the health depart-
ment of the city a permit therefor, as provided for
under this chapter. (Ord. 774 § 1, 1961; prior code
§ 4.8(B)).
6.08.040 Permit -Application -Contents -
Expiration date.
Every person applying for a permit shall file with
the health department of the city a written applica-
tion which shall state the name and address of the
applicant, and a description of the property wherein
or whereon it is proposed to conduct the business
of a pet shop, cattery or kennel, or all and other such
information as the boazd of health of the city may
require. Every applicant for such permit shall at the
time of making application deposit with and pay to
the clerk, authorized by the board of health to
receive such application, the annual inspection fee
hereinafter in this section established.
A permit for which application is made under
the provisions of this section maybe granted at any
time during the year, but all permits granted here-
under shall expire on the thirty-first day of Decem-
ber of the yeaz in which the same are granted. (Ord.
774 § 1, 1961; prior code § 4.8(C)).
6.08.050 Permit -Inspection fee -Penalty
added when -Disposition of
moneys.
Every person applying for a permit under the
provisions of this chapter shall at the time of mak-
ing application for such permit pay an inspection
fee of $10.00 to the department of health. In any
case where the applicant has failed for a period of
30 days to file the application and obtain the permit
required by this section, there shall be added to and
collected with the inspection fee a penalty equal to
10 percent of the fee or $1.00, whichever is the
greater; and for each additional month or fraction
of a month after the expiration of such 30-day
period that the applicant fails to file such applica-
tion and obtain such permit, there shall be added to
and collected with the inspection fee an additional
penalty equal to 10 percent of the inspection fee;
provided, however, that in no event shall the total
penalty added to the inspection fee pursuant to this
section be more than 60 percent of the inspection
fee. The imposition of or payment of the penalty
imposed by this section shall not prevent the impo-
sition of any other penalty prescribed by this chap-
ter or prosecution for violation of this section. All
moneys received as inspection fees under the pro-
visions of this code shall be paid into the city trea-
sury and placed in the general fund. (Ord. 774 § 1,
1961; prior code § 4.8(D)).
6.08.060 Permit-Grounds for suspension or
revocation.
Permits for kemmels, catteries, pet shops, dairy
farms, and the maintenance of more than 25 fowl
and/or rabbits shall be subject to suspension or
revocation by the director of public health upon his
findings that, because of any of the conditions
mentioned in this chapter, or because of the inef-
fectiveness of sanitation measures, or a particular
or peculiar hazard connected with the animals,
fowl, rabbits, or birds involved, the public health
and welfare will be endangered unless such action
is taken. (Ord. 774 § 1, 196]; prior code § 4.8(E)).
6.08.070 Kennels, catteries and pet shops -
Designated.
Repealed by Ord. 2267 § 2, 1988. (Ord. 774 § 1,
1961; prior code § 4.8(F)).
6.08.080 Kennels, catteries and pet shops -
Permitprerequisites.
No health permit for the activities included in
this chapter shall be valid unless it shall have been
certified by the director of planning and building as
not being in conflict with ordinances and local reg-
ulations concerning planning and zoning. (Ord.
2790, 1999; Ord. 774 § 1, 1961; prior code
§ 4.8(G)).
6.08.090 Kennels, catteries and pet shops -
Location and soundproofing
regulations.
All kennels and catteries shall be located in an
azea which is well isolated and all animals shall be
13-116-7
6.08.100
kept not less than 20 feet from any door, window
or opening of any private dwelling. If, however,
any kennel or tottery has been established in a con-
gested area, the animals shall be held in a sound-
proof room. (Ord. 774 § 1, 1961; prior code § 4.8
(H))
6.08.100 Kennels, catteries and pet shops -
Care of pets and pet foods.
Suitable housing facilities shall be provided to
protect pets from inclement weather. Adequate
feed and water shall be furnished to all pets. All
feed shall be stored in rat-proof containers tightly
covered and protected against all rats and other
contamination. Meats shall be kept in a properly
maintained refrigerator until used. (Ord. 774 § 1,
1961; prior code § 4.8(I)).
6.08.140 Exceptions to applicability of
chapter.
Nothing contained in this chapter shall be
deemed or construed to prohibit the keeping of ani-
mals, fowl or rabbits, providing they are kept:
A. In a coop, box or mn located and kept within
a schoolhouse, museum, or zoo for the purpose of
study or observation;
B. In a coop, box or mn located and kept within
a physician's office or a laboratory for medical
research, medical treatment or scientific purposes;
C. On premises zoned for A use. This does not
apply to CVMC 6.04.060;
D. On premises where the fowl or rabbits are
sold in the ordinary and customary courses of busi-
ness and aze not raised, bred or grown on such pre-
mises. (Ord. 774 § 1, 1961; prior code § 4.10).
6.08.110 Kennels, catteries and pet shops -
Sanitary conditions required.
The boards of all structures used for the purpose
of housing or keeping pets must be impervious to
moisture and be kept in a sanitary condition. All
such structures must be whitewashed or painted a
light color and maintained in good repair at all
times. (Ord. 774 § 1, 1961; prior code § 4.8(J)).
6.08.120 Diseased animals -Notice and
isolation required -Disposal.
Whenever any pets shall appear to have any
communicable disease, the health department shall
be notified immediately of such condition with
such information as may be necessary, and such
pets shall be immediately isolated from healthy
pets. If, in the discretion of the director of public
health, said pet is considered a menace to the health
of other pets or people, he shall condemn said pet
to be removed entirely from the premises and, if
necessary, destroyed. No diseased pet shall be sold
or given away, nor shall it be otherwise disposed of
except in a manner authorized by the director of
public health. (Ord. 774 § 1, 1961; prior code
§ 4.8(K)).
6.08.130 Certain conditions deemed nuisance
-Abatement authorized.
The presence of obnoxious odors or insanitary
conditions or the failure to muzzle or place in
soundproof kennels all dogs bazking excessively,
or to a degree that annoys the immediate neighbor-
hood, is hereby declazed to be a public nuisance
and may be summazily abated by the director of
public health. (Ord. 774 § 1, 1961; prior code
§ 4.8(L)).
6'~3-12
Chula Vista Municipal Code 6.12.060
Chapter 6.12
GRAZING AND IMPOUNDMENT"`
and placed in a suitable corral or enclosure for safe-
keeping. (Ord. 2506-§ 1, 1992; Ord. 1979 § 1,
1982; prior code § 4.3).
Sections:
6.12.010 Grazing regulations.
6.12.020 Pound established -Maintenance.
6.12.030 Impoundment -Procedure generally -
Sale of animals authorized when -
Procedure.
6.12.040 Impoundment -Fees and charges.
6.12.045 Disposition of unclaimed dogs -
Notice of owner.
6.12.050 Disposition of proceeds of sale.
6.12.060 Relinquishment of dogs and cats by
owner -Fees.
* For statutory provisions regarding dogcatchers, see
Agric. Code § 31106; for provisions regarding the
impoundment of dogs, see Agric. Code § 31101; for
provisions regarding animals running at large, see
Agric. Code § ] 7001, et seq.; for provisions regarding
inhumane impounding, see Pen. Code § 597e.
6.12.010 Grazing regulations.
It is unlawful for any person owning or having
control of any of the animals mentioned in CVMC
6.04.010 to graze or pasture the same, or cause the
same to be done, within the city, unless all such
animals are securely staked or fastened so the same
shall not injure shade or ornamental trees and can-
not go upon or across the travelled portion of any
street, alley, or public grounds within the city, or to
so stake or fasten any such animal so that the same
constitutes running at lazge of such animal in the
city. (Ord. 1979 § 1, 1982; prior code § 4.2).
6.12.020 Pound established -Maintenance.
There is established a city pound for impound-
ing strays and dogs, and the same shall be main-
tained in the city in a place to be selected by the
chief of police and approved by the council. (Ord.
2506 § 1, 1992; prior code § 4.11).
6.12.030 Impoundment -Procedure
generally -Sale of animals
authorized when -Procedure.
Whenever the chief of police of the city shall
discover or be notified that any animal or animals
enumerated in CVMC 6.04.010 aze running at
large, grazing, pasturing, injuring trees or staked or
fastened in any manner prohibited by this chapter,
it shall be his duty and he is directed to immedi-
ately cause such animal or animals to be picked up
6.12.040 Impoundment -Fees and charges.
Standazd fees charged by the county animal
shelter or county Humane Society for impound-
ment and boarding of animals shall be lawful
charges against the owner or owners or persons in
chazge of such animals. The agency famishing ser-
vices or boazd shall be entitled to a lien upon the
animals for payment of the required fee(s). (Ord.
2506 § 1, 1992; Ord. 1979 § 1, 1982; Ord. 1961
§ 1, 1982; Ord. 1814 § 1, 1978; Ord. 833, 1963;
prior code § 4.4).
6.12.045 Disposition of unclaimed dogs -
Notice of owner.
Every animal impounded under this chapter
shall be destroyed, sold at private sale, or given
away by the chief of police if not claimed and taken
away by the owner, and if an impounding fee plus
a fee for boarding and keeping such animal is not
paid within three working days. It shall be the duty
of the chief of police within 24 hours to attempt to
notify personally or by mail the owner of any dog
bearing the metal tag or plate mentioned in CVMC
6.20.060. Any person purchasing a dog or cat shall
pay the required fee(s). (Ord. 2506 § I, 1992; Ord.
1906 § 1, 1980).
6.12.050 Disposition of proceeds of sale.
Should any amount from the sale of any animal
pursuant to this chapter remain in the custody of
the city after deducting all expenses and charges
provided for in CVMC 6.12.040, the same shall be
placed in the treasury of the city to be paid to the
owners of such animals so sold, on proper proof of
ownership of such animals, but if not called for in
one yeaz from the date of such sale by the owner of
such animal, the same shall belong to the city and
placed to the credit of the general fund thereof.
(Prior code § 4.5).
6.12.060 Relinquishment of dogs and cats by
owner -Fees.
Residents of the city ofChula Vista may relin-
quish dogs and cats to the city upon payment of the
required fee(s). Nonresidents of the city of Chula
Vista may relinquish dogs and cats to the city, pro-
viding such relinquishment is done at the city ani-
mal shelter, upon payment of the required fee(s).
(Ord. 2506 § 3, 1992).
13-1 ~9
6.16.010
Chapter 6.16
DEAD ANIMALS*
Sections:
6.16.010 Animal defined.
6.16.020 Prohibited where -Disposition in
certain places deemed nuisance.
6.16.030 Disposal -Duty of owner of animal.
6.16.040 Disposal -Duty of owner of land or
premises.
6.16.050 Disposal-Authorityofanimal control
officer.
* For statutory provisions authorizing the city council
to declare what constitutes a nuisance, see Gov. Code
§ 38771; for provisions regarding the abatement of
nuisances, see Gov. Code §§ 38773 and 38773.5.
6.16.010 Animal defined.
For the purposes of this chapter, the following
defmitions apply:
"Animal" shall include, but not be limited to, all
of the following:
A. All animals, whether wild or tame, includ-
ing, but not limited to, the dog, cat, horse, mule,
cattle, sheep, and hog;
B. Al] reptiles including, but not limited to, the
snake;
C. All aquatic animals including, but not lim-
ited to, fish; and
D. ALl birds and all fowl including, but not lim-
ited to, the chicken, turkey, and duck. (Ord. 1203
§ I, 1969; prior code § 4.41).
(Ord. 2506 § 1, 1992; Ord. 1203 § I, 1969; prior
code § 4.43).
6.16.040 Disposal -Duty of owner of land or
premises.
It is the duty of the owner, the occupant and any
person having control of the premises referred to in
CVMC 6.16.020, on which there is a dead animal,
to remove said dead animal from said premises, or
otherwise dispose of said dead animal in the man-
ner prescribed in CVMC 6.16.030. (Ord. 1203 § 1,
1969; prior code § 4.44).
6.16.050 Disposal -Authority of animal
control officer.
In the event a dead animal is deposited or
allowed to remain upon premises in violation of
CVMC 6.16.020 and the animal control officer
determines that in the interest of protecting the
public health the city should forthwith cause the
removal and disposal of said dead animal, the ani-
mal control officer may act to remove and dispose
of said dead animal. Further, the animal control
officer is authorized to dispose of dead animals as
requested pursuant to CVMC 6.16.030. (Ord. 2506
§ 1, 1992; Ord. 1203 § 1, ]969; prior code § 4.45).
6.16.020 Prohibited where -Disposition in
certain places deemed nuisance.
No dead animal shall be deposited or allowed to
remain upon any premises within a quarter of a
mile of any park, county highway, state highway,
or any public highway, road or alley, or any dwell-
ing or other structure used or occupied by a person
or persons, or in any standing or running water or
in any open excavation, and any animal deposited
or allowed to remain upon such premises is hereby
declazed to be a public nuisance. (Ord. 1203 § 1,
1969; prior code § 4.42).
6.16.030 Disposal -Duty of owner of animal.
It is the duty of the owner of a dead animal to
dispose of such dead animal by means of the ser-
vices of a licensed veterinarian, the animal control
officer of the city, or other persons licensed to
engage in the work of disposing of dead animals.
6-j~-14
Chula Vista Municipa] Code 6.20.030
Chapter 6.20
DOG LICENSES*
on which the dog is required to be licensed under
this chapter. (Ord. 2201 § 1, 1987; Ord. 2050 § 1,
1983; Ord. 1253 § 1, 1969; prior code § 4.13).
Sections:
6.20.010 Dog defined.
620.020 Required when -Period of validity.
6.20.030 Application required -Procedure -
Transfer licensing procedures.
6.20.040 Fee -Schedule.
6.20.050 Penalty for late application or
payment.
6.20.060 Tag and receipt issuance -Tag to be
wom by dog -Replacement -Fee.
6.20.070 Fee -Exemptions permitted when.
For statutory provisions regarding dog license fees,
see Gov. Code § 38792 and Agric. Code §§ 30501
and 30502.
CROSS REFERENCE: For provisions regarding the
keeping of pets, livestock, birds and bees, see Ch.
6.04 CVMC.
6.20.010 Dog defined.
For the purposes of this chapter, a dog is defined
to mean any animal of the genus Canis familiaris,
of any breed or sex. The provisions of this chapter
shall apply to a dog four months of age or older;
provided, however, that those provisions related to
dogs disturbing the peace or destroying property
shall apply to a dog of any age. (Ord. 1253 § 1,
1969; prior code § 4.12).
6.20.020 Required when -Period of validity.
All dogs over the age of four months which are
brought into the city, and those dogs which have
been in the city upon reaching the age of four
months, shall be licensed within 30 days afrer
being brought within the city or upon reaching the
age of four months, in accordance with this chap-
ter. This section shall not apply to dogs which are
confined to kennels licensed pursuant to this code.
Any unlicensed dog, legally impounded in the city
pound, shall be presumed for purposes of this sec-
tion to be, prior to the time of impounding, a dog
for which a license is required under this section,
regazdless of such dog's age or stay in the city.
Dog licenses may be procured for either one or
two or three years. They shall be valid only during
the year or years for which issued and shall expire
on the month it was issued; provided, however, that
application for the license or renewal of a license
may be made subsequent to 30 days from the date
6.20.030 Application required -Procedure -
Transfer ]icensing procedures.
A. A separate application shall be made for
each dog. The application shall be made on the
form provided by the finance officer and shall be
filed with the finance officer. If a dog is acquired
by the owner or is brought into the city or reaches
the age of four months, the owner shall apply for a
license within 30 days thereafrer.
B. It is declared to be the intent of this chapter
to apply the licensing requirements to all dogs
brought into the city, except those accompanying
visitors or tourists who do not stay within the city
more than 30 days. A dog having a license issued
by another legislative authority elsewhere in the
state of California, and which has been vaccinated
with a vaccine approved for declared rabies azeas
by the state of California, and the irtununization
period therefor has not expired, may, upon applica-
tion of its owner, be issued a transfer license good
for the remainder of the year, upon payment of the
required filing fee(s). The applicant for such license
shall surrender to the finance officer the out-of--city
license and evidence of vaccination. The penalties
provided in this chapter shall not apply to a license
issued under the provisions of this section.
C. Whenever the ownership of a dog has
changed, the new owner may secure a transfer of
license to him by endorsement on the records of the
finance officer, upon the payment of the required
transfer fee(s) and the presentation to the finance
officer of the original receipt endorsed by the orig-
inal licensee as a transferrer.
D. Proof of vaccination against rabies, which
vaccination is required in compliance with the pro-
visions ofthis code and the Health and Safety Code
of the state of Galifomia, shall be a condition pre-
cedent to the licensing of any dog under the provi-
sions of this chapter, and the certificate of
vaccination which is required by said codes may
serve as proof of vaccination. No license may be
issued under the provisions of this chapter unless
the certificate of vaccination shows that the effec-
tive duration of such vaccination shall be for a
period of at least 11 months beyond the beginning
of the yeaz for which the license is issued, in the
case of one-year licenses; for at least 23 months
beyond the beginning of the two-year period for
which a license is issued, in the case of two-year
licenses; and for at least 35 months beyond the
13-1 ~-11
F ~n nan
beginning of the three-year period for which a
license is issued, in the case of a three-yeaz license.
E. When any dog owner presents evidence that
a previously licensed dog is deceased or executes a
declaration under penalty of perjury of such a fact,
said owner may secure a transfer of the license pre-
viously issued to such an animal to a newly
acquired dog for the balance of the license period,
upon the payment of the required fee(s) and the
presentation to the finance officer of proof of vac-
cination against rabies. The finance officer shall
note on the original application the name and
description of the animal to which the license has
been transferred. (Ord. 2506 § 1, 1992; Ord. 2050
§ 1, 1983; Ord. 2011 § 1, 1982; Ord. 1961 § 1,
1982; Ord. 1710 § 1, 1976; Ord. 1253 § 1, 1969;
prior code § 4.14).
6.20.040 Fee -Schedule.
The license fee for dogs shall be the required
fee(s).
Any dog license tag issued pursuant to this sec-
tion shall be issued for one-half of the fees listed in
the master fee schedule for any dog, if a certificate
or affidavit is presented from a licensed veterinaz-
ian that said dog has been spayed or neutered. (Ord.
2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1564
§ 1, 1974; Ord. 1253 § 1, 1969; prior code § 4.15).
6.20.050 Penalty for late application or
payment.
The required penalty fee(s) shall be added to the
license fee if application or payment is made sub-
sequent to 30 days from the date on which the dog
is required to be licensed under this chapter. The
time of application or payment shall be determined
as fol]ows: If made by deposit with the United
States mail, addressed to the finance officer, and
postage prepaid, the postmark, or if none, the post-
age meter imprint, shall be conclusive; otherwise,
the time of actual receipt by the fmance officer
shall be conclusive. This penalty shall not be added
if the dog to be licensed has been in the applicant's
possession in the city less than 30 days. (Ord. 2506
§ 1, 1992; Ord. 1961 § 1, 1982; Ord. 1253 § 1,
1969; Ord. 939 § 1, 1965; prior code § 4.16).
6.20.060 Tag and receipt issuance-Tag to be
worn by dog -Replacement -Fee.
A. A numbered receipt bearing a brief descrip-
tion of a licensed dog and a correspondingly num-
bered license tag shall be issued with each license
granted. The numbered license tag shall be firmly
attached by the licensee to the collar or hamess of
the dog for which issued, except when the dog is
securely confined on or within the premises of the
owner. No licensee, or any other person, shall
attach, or permit to be attached, such a tag to the
collar or hamess of, or otherwise cause such tag to
be worn or carried by, any dog other than the dog
for which such tag was issued.
B. Whenever a license tag has been lost or
destroyed, a new receipt and tag, expiring on the
same date as the original, may be issued for the
same dog, on the payment of the required replace-
ment fee(s). (Ord. 2506 § 1, 1992; Ord. 2050 § 1,
1983; Ord. 1961 § 1, 1982; Ord. 1253 § 1, 1969;
prior code § 4.17).
6.20.070 Fee -Exemptions permitted when.
A. Seeing-eye dogs, signal dogs, and service
dogs, as defined by the California Civil Code, and
dogs which have served with the armed forces of
the United States of America during any period of
actual hostilities must be licensed and vaccinated
under the provisions of this code, but their owners
shall be exempt from the license fee imposed by
this chapter.
B. Dogs used on farms for the primary purpose
of herding livestock must be licensed and vacci-
nated under the provisions of this code, but their
owners shall be exempt from the license fee
imposed by this chapter. To qualify for the exemp-
tion in this subsection, the owner must furnish an
affidavit or declaration under penalty of perjury on
blanks famished by the tax collector that his dog is
necessary for herding livestock and is used prima-
rily for that purpose.
C. Dogs used by any governmental agency for
the purpose of law enforcement must be licensed
and vaccinated under the provisions of this code,
but their owners shal] be exempt from the license
fee imposed by this chapter. (Ord. 2506 § 1, 1992;
Ord. 1253 § 1, 1969; prior code § 4.18).
6913-16
Chula Vista Municipal Code 6.24.040
Chapter 6.24
RESTRAINING DOGS*
Sections:
6.24.010 Conditions of animal ownership.
6.24.020 Running at large prohibited.
6.24.030 Restraint of dogs by owner.
6.24.040 Disturbing the peace prohibited.
6.24.050 Committing nuisance.
6.24.060 Female dogs in season.
6.24.070 Inhumane treatment and
abandonment.
6.24.080 Possession of vicious dogs.
6.24.090 Entering food establishments
prohibited.
6.24.100 Complaints.
6.24.110 Presumption of responsibility for
violation.
6.24.120 Enforcement provisions.
6.24.130 Violation declared a public nuisance.
6.24.140 Harboring of strays.
* For statutory authority for cities to seize and to
impound dogs found running at large, see Agric. Code
§ 31101.
CROSS REFERENCE: For provisions regarding
rabies, see Ch. 6.28 CVMC.
Prior legislation: Ords. 1029, 1196, 1628 and 1633;
prior code §§ 4.19, 4.20, 4.21, 4.22, 4.23 and 4.27.
6.24.010 Conditions of animal ownership.
Animal owners or keepers must comply with the
following conditions of animal ownership, and the
animal regulation officer, as a condition of licens-
ing, may require such owners or keepers to sign
permit or license applications agreeing to comply
with such conditions:
A. Animals shall be restrained or confined as
required by law.
B. Animals shall be humanely treated at all
times.
C. Vaccinations, licenses, and permits shall be
obtained as required by law.
D. Animal premises shall be kept sanitary and
shall not constitute afly-breeding reservoir, a
source of offensive odors or of human or animal
disease.
E. Animals and animal premises shall not be
permitted to disturb the peace or constitute a public
nuisance or hazazd. (Ord. 1706 § 1, 1976).
6.24.020 Running at large prohibited.
It is unlawful for any person owning, having
interest in, harboring or having the care, charge,
custody, control or possession of a dog to suffer,
allow or permit such dog to:
A. Be upon any public street, alley, park or
other public place in the city, including public or
private school grounds in the city, unless such dog
is restrained by a chain, line or leash and is in the
custody of some competent person, or unless such
dog is confined within a motor vehicle;
B. Be on premises of a person other than owner,
possessor or keeper without consent, or in or upon
a vehicle without the consent of the vehicle owner.
(Ord. 1706 § 1, 1976).
6.24.030 Restraint of dogs by owner.
Dog owners or persons having care or custody
of dogs shall at all times keep their dogs on a leash
or within an enclosed area on their own property or
the private property of another, with the permission
of the owner of that property, so as to prevent them
from being at large or stray, from biting or harass-
ing any person engaged in a lawful act, from inter-
fering with the use of public property or with the
use of another person's private property, and from
being in violation of other sections of this code.
However, dogs may be at large while participating
in field trials and obedience classes organized and
sanctioned by recognized dog clubs, while assist-
ing their owner or trainer in legal hunting or in the
herding of livestock, while assisting a peace officer
engaged in law enforcement duties, or while being
trained for the above purposes on private land with
the permission of the land owner, so long as such
dogs aze under direct and effective sound or ges-
ture control, within sight of such individuals to
assure that they do not violate any other provisions
of law. (Ord. 1706 § 1, 1976).
6.24.040 Disturbing the peace prohibited.
No person shall own or harbor an animal in such
a manner that the peace and quiet of the public is
unreasonably disturbed. The written affirmation by
two persons, having sepazate residences, that the
violation of CVMC 6.24.010(D) and (E), 6.24.030,
6.24.050 and 6.24.080 disturbs the peace and quiet
of said persons shall be prima facie evidence of a
violation of this section. The keeping or mainte-
nance, or the permitting to be kept or maintained,
on any premises owned, occupied, or controlled by
any person, of any animal or fowl which, by fre-
quent or long-continued noise, causes unreason-
able annoyance or discomfort to any person of
13-16113
6.24.050
normal sensitivity in the vicinity shall constitute a
violation of this section; provided, however, that
nothing contained herein shall be construed to
apply to reasonable noises emanating from legally
operated dog and cat hospitals, humane societies,
pounds, farm and/or agricultural facilities, or areas
where the keeping of animals or fowls is permitted.
The destruction by an animal of property other than
that which belongs to the owner of said animal
shall be prima facie evidence of a violation of this
section. (Ord. 1706 § 1, 1976).
6.24.050 Committing nuisance.
No person shall allow a dog in his custody to
defecate or to urinate on public property or any
improved private property other than that of the
owner or person having control of the dog. 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. Unsighted persons while relying on a
guide dog shall be exempt from this section. If a
violation of the above occurs, such persons shall
immediately remove any feces to a proper recepta-
cle. (Ord. 1706 § 1, 1976).
6.24.060 Female dogs in season.
Dog owners shall securely confine their female
dogs while in season within an enclosure in a man-
ner that will prevent the amaction of male dogs to
the immediate vicinity. (Ord. 1706 § 1, 1976).
6.24.070 Inhumane treatment and
abandonment.
No person shall treat an animal in a cruel or
inhumane manner or willingly or negligently cause
or permit any animal to suffer unnecessary torture
or pain. No person shall abandon any domestic ani-
mal without care on any public or private property.
(Ord. 1706 § 2, 1976).
6.24.080 Possession of vicious dogs.
A. The possession of a vicious dog is unlawful.
Dogs held in violation of this section shall be
deemed a public nuisance, and their continued pos-
session or ownership shall be unlawful. The animal
regulation officer may impound any such dog and
dispose of it in a humane manner after three work-
ing days to allow for legal restraining action by the
owner.
B. For purposes of this section, an animal shall
be deemed vicious if it clearly demonstrates by its
behavior a propensity to attack or bite a person or
animal without provocation. The vicious chazacter
of a dog does not depend upon the dog having actu-
ally bitten any person or animal, but may be deter-
mined byobservation of its behavior. Further, a dog
which has bitten any person or animal is not neces-
sarily deemed to be vicious, dependent upon the
circumstances, such as the intrusion of persons into
a confined space on private property, the teasing of
the dog, or the cruel treatment of the dog. A dog
shall not be deemed to be vicious who acts in pro-
tection or in defense of persons or of private prop-
erty, ifproperly confined within an enclosure on the
premises of the owner or custodian of the animal,
which enclosure is violated by any person or ani-
mal. Dogs which are specifically maintained for
guard dogs or protective purposes must be licensed
with the city, showing such special guard or protec-
tive use. The owner or custodian of such an animal
must stipulate that the premises wherein the animal
is maintained aze designed and constructed in such
a manner as to protect all persons in the surrounding
area and persons who may come upon the premises
for ordinary and legitimate purposes as well as from
children who may, for any reason, be amacted to
the premises. In the event that such a dog does bite
any person or animal, the quarantine provisions of
CVMC 6.28.060 shall be applicable.
C. Any person who has been assaulted or
attacked by any dog within the limits of the city,
without provocation from the person so assaulted
or attacked, may make an affidavit of such fact and
file the same with the chief of police immediately,
to give notice in writing of the filing of such affida-
vit to the owner or keeper of such dog. After satis-
fying the requirements of the quarantine provisions
of CVMC 6.28.060, such owner or keeper shall
keep such dog securely confined to his premises by
line or chain, and if such owner or keeper neglects
to so confine such dog, he shall be guilty of a vio-
lation of this chapter and the chief of police may
have such dog killed at any time thereafter if it is
found running at large in the city and not in the
immediate caze of its owner or keeper, or led by a
chain, line or leash. (Ord. 1706 § 2, 1976).
6.24.090 Entering food establishments
prohibited.
It is unlawful for any person owning, having an
interest in, harboring or having the care, charge,
control, custody or possession of any dog to suffer,
allow or permit such dog to enter any restaurant,
grocery store, milk depot, fruit or vegetable mar-
ket, meat market, or any other place of business in
the city where food or foodstuffs of any character
used for human consumption is manufactured,
sold, served or handled; provided, however, that
-~
6-15-18
Chula Vista Municipal Code 624.140
this shall not apply to seeing-eye dogs. (Ord. 1706
§ 1, 1976).
E. Any penal law of the state of Califomia relat-
ing to or affecting animals. (Ord. 1706 § 2, 1976).
6.24.100 Complaints.
Upon receiving a complaint from an identified
person alleging a violation of this chapter, and
upon receiving the name and address of the owner
of the animal, if known, an investigation to deter-
mine whether a violation exists shall be made. If
the investigation discloses a violation of this chap-
ter, prosecution maybe initiated against the owner.
Complainants' identities shall be kept confidential
to the extent permitted by law. (Ord. 1706 § 2,
1976).
6.24.110 Presumption of responsibility for
violation.
In any prosecution involving an animal, charg-
ing aviolation of any provision referred to in
CVMC 6.24.120, proof by the people of the state of
Califomia that the particular animal described in
the complaint was found in violation of any provi-
sion of said sections, together with proof that the
defendant named in the complaint was at the time
of the alleged violation the owner of the animal,
shall constitute prima facie evidence that the owner
of the animal was the person responsible for the
violation of said provisions involving said animal.
However, for the purposes of this section, proof
that a person is the owner of said animal is not
prima facie evidence that he has violated any other
provisions of law. (Ord. 1706 § 2, 1976).
6.24.120 Enforcement provisions.
The animal regulation officer, each agent or
deputy thereof who is assigned to duties which
include the enforcement of animal regulation laws,
and any peace officer are responsible for enforcing
the provisions of this chapter and the following
provisions of state law, each of which is incorpo-
rated by this reference:
A. Califomia Administrative Code: Title 17,
Section 2606 to 2606.8;
B. Food and Agricultural Code:
1. Article 1 (commencing with Section
17001) and Article 2 (commencing with Section
17041) of Chapter 7, Division 9, Part 1,
2. Section 17121;
C. Health and Safety Code:
1. Chapter 3 (commencing with Section
1900) of Division 3,
2. Chapter 13 (commencing with Section
25970) of Division 20;
D. Penal Code: Section 148;
6.24.130 Violation declared a public
nuisance.
The introduction, possession or maintenance of
any animal, or the allowing of any animal to be in
contravention of this chapter is, in addition to being
a misdemeanor, hereby declazed to be a public nui-
sance. The animal regulation officers and police
officers of the city aze hereby authorized, directed
and empowered to summazily abate any such pub-
lic nuisance by any means reasonably necessary,
including, but not limited to, the destmction of the
animal or animals involved. (Ord. 1706 § 2, 1976).
6.24.140 Harboring of strays.
No person shall harbor or keep any lost or story
dog for a longer period than 24 hours. Any person
finding a lost or stray dog shall forthwith notify the
animal shelter and turn it over to them. (Ord. 1706
§ 2, ] 976).
13-115
6.26.010
Chapter 6.26 Chapter 6.28 _
ANIMALS IN VEHICLES RABIES CONTROL* _
Sections: Sections:
6.26.010 Transportation of animals. 6.28.010 Dog defined.
6.26.020 Animals in unattended vehicles. 6.28.020 Vaccination -Required -Term.
6.28.030 Repealed.
6.26.010 Transportation of animals. 6.28.040 Unvaccinated dogs prohibited when.
No person shall transport or carry, on any public 6.28.050 Vaccination -Exemptions permitted
highway or public roadway, any animal in a motor when.
vehicle unless the animal is safely enclosed within 6.28.060 Biting dog to be isolated when -
the vehicle or protected by a cab or container, Payment of expenses.
secured cage, cross-tether, harness or other device 6.28.070 Duty to report animal suspected of
that will prevent the animal from falling from, having rabies.
being thrown from, or jumping from the motor 6.28.080 Animals bitten by rabid animal -
vehicle. (Ord. 2165 § I, 1986). Quazantine or destruction required.
6.28.090 Enforcement and inspection.
020 Animals in unattended vehicles.
6
26
.
.
No person shall leave an animal in any unat- * For statutory provisions regarding rabies control, see
tended vehicle without adequate ventilation or in Health and Saf. Code § 1900, et seq.
such a manner as to subject the animal to extreme
' CROSS REFERENCE: For provisions regarding
s
temperatures which adversely affect the animal restraining dogs, see Ch. 6.24 CVMC.
health or welfare. (Ord. 2165 § 1, 1986).
6.28.010 Dog defined.
For the purpose of this chapter, the word "dog"
is defined to be any male, female or neutered dog
of the age of four months or over. (Prior code
§ 4.24).
6.28.020 Vaccination -Required -Term.
It is unlawful for any person owning, having an
interest in, hazboring or having the caze, chazge,
custody, control or possession of a dog to suffer,
allow or permit such dog to go upon the public
streets, alleys, parks and public places in the city,
unless such dog has been vaccinated for rabies at
intervals of not less than every 12 months, unless
the health officer of the city establishes by regula-
tion alonger interval of tune for such repeated vac-
cinations, the authority to do which is hereby
conferred on him. (Prior code § 4.25).
6.28.030 Vaccination -Obtainable where -
Fee.
Repealed by Ord. 2506,¢ 2, 1992. (Ord. 978 § 1,
1966; Ord. 968 § 1, 1966; prior code § 4.26).
6.28.040 Unvaccinated dogs prohibited
when.
Except for a dog which has been exempted by
this chapter from the requirements of vaccination,
for the reason that it is less than four months of age,
6-~~-20
Chula Vista Municipal Code
or that the provisions of the following section have
been complied with, it is unlawful for any person to
keep, harbor or maintain any dog in the City, unless
such dog has been vaccinated in accordance with
the provisions of this chapter. (Prior code § 4.28).
6.28.050 Vaccination -Exemptions
permitted when.
Notwithstanding any other provisions of this
code, a dog need not be vaccinated for rabies if a
licensed veterinarian has examined the dog and
certi5ed that at such time vaccination would
endanger the dog's health because of its age, infir-
mity, debility or other physiological consideration,
and such certificate is presented to the Health
Officer within 30 days of such examination and he
concurs in the opinion of the veterinarian contained
in such certificate and endorses on such certificate
his approval. The Finance Officer is authorized to
accept such endorsed certificates and statements in
lieu of the proof of vaccination required by this
title. The certificate of the veterinazian must bear
the date of issuance and must be renewed each
year. (Prior code § 4.28.1).
6.28.060 Biting dog to be isolated when -
Payment of expenses.
If any dog shall bite any person or animal within
the City, the owner or person having control of
such dog shall, upon request of the Health Officer
or any peace officer, deliver such dog to such
officer to be isolated for 10 days, for the purpose of
determining whether or not such dog is afflicted
with rabies, and the owner or person having control
of such dog shall pay all the expenses of the keep-
ing of such dog during the time the dog shall be so
isolated. (Prior code § 4.29).
6.28.070 Duty to report animal suspected of
having rabies.
Whenever the owner or person having the cus-
tody of an animal shall observe or learn that such
animal has shown symptoms of rabies, or is acting
in a manner which would lead to the belief that
such animal might have rabies, such owner or per-
son having the custody or possession of such ani-
mal shall immediately notify the health officer or
Chief of Police, and such person shall allow the
Health Officer or any peace officer of the City to
make an inspection or examination of such animal
until it shall be established to the satisfaction of the
Health Officer that such animal has or has no[
rabies. (Prior code § 4.30).
6.28.090
6.28.080 Animals bitten by rabid animal -
Quarantine or destruction required.
Whenever any animal shall be bitten by another
animal having rabies, the owner or person having
the custody, possession, or control of the animal so
bitten shall, upon being informed thereof, either kill
such animal or quarantine i[ and keep it tied up for
a period of six months, and the Health Officer or the
Chief of Police or other peace officer of the City
shall have the power to kill or destroy or quazantine
the animal so bitten in case the owner or person
having the custody, control or possession thereof
shall fail to do so immediately, or in the event the
owner or person having the care, custody or control
of such animal is not readily accessible. (Prior code
§ 4.31).
6.28.090 Enforcement and inspection.
All proper officials of the City are hereby autho-
rized to examine and enter upon all private pre-
misesfor the enforcement of this chapter, in accord
with the right-of-entry provisions set forth in
CVMC 1.16.010. (Prior code § 4.32).
1 3-~a 17 (Revised 7/07)
6.30.010
Chapter 6.30
ANIMAL SALES
Sections:
6.30.010 Sale of animals, birds, or reptiles on
public property or on private property
open to the public prohibited.
6.30.020 Exceptions.
6.30.010 Sale of animals, birds, or reptiles on
public property or on private
property open to the public
prohibited.
It is unlawful to give away, offer for sale, sell,
exchange, or transfer for any form of consider-
ation, or for no consideration, any animal, bird, or
reptile on public property or on private property
open to the public, including, but not limited to,
areas in front of stores, commercial shopping areas,
commercial park areas, swap meets, and auctions.
(Ord. 3052 § 1, 2006).
6.30.020 Exceptions.
CVMC 6.30.010 shall not apply to:
A. Any legally recognized nonprofit charitable
organization that provides or contracts to provide
services as a public animal sheltering agency.
B. Any legally operated business that sells ani-
mals, birds, or reptiles in its normal course of busi-
ness.
C. Any nonprofit animal rescue or adoption
organization.
D. Any gift, sale, exchange, or transfer of any
animal, bird, or reptile on public property or on pri-
vate property open to the public that is authorized
by federal or State law. (Ord. 3052 § 1, 2006).
(Revised 7/07) 6 ~9- 2 2
Title 7
(RESERVED)
13-2X~~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
REVISING TITLE 6, ANIMALS, OF THE MUNICIPAL
CODE AND ADDING NEW SECTION 6.01, DEFINITIONS;
SECTION 6.22, MANDATORY SPAY/NEUTERING;
SECTION 6.32, MICROCHIPPING; AND SECTION 6.33,
GENERALLY
WHEREAS, Title 6 codifies City regulations with respect to treatment of animals; and
WHEREAS, much of Title 6 is out of date with respect to correct State of California laws
and regulations and current City animal Gaze and animal control procedures; and
WHEREAS, the City desires to update Title 6; and
WHEREAS, the City desires to establish regulations and procedures to enhance the save
rate of dogs and cats at the City Animal Care Facility.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: ACTION
Title 6 [Animals] of the Chula Vista Municipal Code is amended, including the addition of
new sections 6.01 [definitions]; 6.22 [mandatory spay/neutering]; 6.32 [microchipping]; and 6.33
[generally], as follows:
Title 6
ANIMALS
Chapters:
6.01 Definitions
6.02 Keeping Animals -Regulations Generally
6.04 Keeping Pets, Livestock, Birds and Bees
6.08 Keeping Commercial Cats, Dogs, Poultry and Rabbits
6.12 Grazing and Impoundment
6.16 Dead Animals
6.20 Dog Licenses
6.22 Mandatory Spay/Neutering
6.24 Restraining Dogs
6.26 Animals in Vehicles
6.28 Rabies Control
6.30 Animal Sales
6.32 Microchipping
13-24
6.33 Generally
Chapter 6.01
DEFINITIONS
The following definitions shall apply to this title:
A. "Altered" means an animal that has been spayed or neutered;
B. "Abate" means to take action to remove a nuisance and may include confirming, isolating or
destroying an animal;
C. "Animal" shall include, but not be limited to, all of the following:
1. All animals, whether wild or tame, including, but not limited to, all reptiles, all aquatic
animals, all birds and fowl (Ord. 1203 § 1, 1969 prior code § 4.41), and all non-human
mammals.
D. "At large" means:
1. Being on private property without the permission of the owner or person who has the
right to possess or use the property;
2. Being unrestrained by a leash on private property open to the public or on public
property, unless a law or regulation expressly allows an animal to be unrestrained on the
property. If a leash is not being held in the hand of a person capable of controlling the
anima] or a person is not actually controlling an animal attached to the leash, the animal is
"at large";
3. In a place or manner that presents a substantial risk of imminent interference with animal
or public health, safety or welfare;
E. "Attack" means an action by an animal which places a person in reasonable apprehension that
the animal will cause the person immediate bodily harm;
F. "Attack dog" has the same meaning as the term "attack dog" in Health and Safety Code section
121881;
G. "Barking dog" means a dog that barks, bays, cries, howls, or makes any noise for an extended
period of time to the disturbance of any person at any time of day or night, regardless of
whether the dog is physically situated in or upon private property. Such extended period of
time shall consist of incessant barking for sixty (60) minutes or more in any 24-hour period,
or intermittent barking for 120 minutes or more during any 24-hour period. A dog shall not
be deemed a "barking dog" for purposes of this Section if, at any time the dog is barking, a
person is trespassing or threatening to trespass upon private property i^ or upon which the
dog is situated, or when the dog is being teased or provoked.
H. "Bite" means an action by an anima] with its teeth or mouth that breaks the skin of a human or
animal and does not require the presence of teeth marks;
I. "Cat" means any mammal of the genus Felis Catus, of any breed or sex;
J. "Cattery" means a place kept for the purpose of the boarding, breeding, raising, selling or
exchanging of cats;
K. "City" means the City of Chula Vista.
L. "Curb" means to restrain or control an animal so that it urinates or defecates only in the street
gutters;
M. "Custodian"' means a person who is not the owner of an animal, but who has been entrusted by
the owner or the owner's agent to care for and maintain an animal until it is returned to the owner;
2
13-25
N. "Dangerous dog" means a dog that has attaoked, bitten or in some other manner injured a person
engaged in lawful activity: (1) two or more times in a 48-hour month period or (2) one or more
times resulting in death or substantial injury; or a dog that clearly demonstrates, by its behavior, a
propensity to attack or bite a person or animal without provocation (see 6.24.100A) or has been
declared a "Vicious Dog" or "Dangerous Dog" by the City pursuant to Section 6.24.100A of this
Chapter andlor applicable state law on this matter;
a. "Dangerous dog" within the meaning of this Section shall be deemed a public nuisance
and shall be subject to the provisions of this Code relating to Dangerous Dogs and public
nuisances for the remainder of its life.
O. "Declared dangerous dog" means a dog: (1) that the City has declared a dangerous dog after
affording the dog's owner or custodian the right to a heazing, (2) that a dog's owner has stipulated is
a dangerous dog or (3) that another jurisdiction has declared to be a dangerous or vicious dog;
P. "Dispose of means to make arrangements for an animal and includes euthanasia;
Q. "Dog" means an animal of the genus and species Canis Familiaris of any breed or sex or any
other member of the Canis genus if a person owns, keeps or harbors the animal;
R. "Dog license" means a certificate the City or other authorized agency issues indicating that a dog
has been registered with animal control authorities;
S. "Guazd dog" has the same meaning as the term "guard dog" in Health and Safety Code section
121881 and includes a "sentry dog" defined in Health and Safety Code section 121880;
T. "Guard dog operator" means the owner of an attack, guard or sentry dog, or other person, that
operates or maintains a business to sell, rent, or train an attack, guard or sentry dog;
U. "Guard dog premises" means a place where a guazd dog operator keeps or maintains an attack,
guard or sentry dog;
V. "Impound" or "impoundment" means an action by the City to take possession of an animal;
W. "Kennel" means a facility, whether or not operated for profit, that keeps or maintains seven (7)
or more dogs at least four (4) months of age or older. It includes a facility owned or operated by an
animal welfare agency, but does not include an animal shelter operated or established by the City or
a veterinary hospital operated by a veterinarian licensed by the State. A kennel also includes a
facility with the requisite seven (7) dogs that also keeps or maintains other animals. As used in this
definition a "facility" means any combination of adjacent buildings, structures, enclosures or lots
under common ownership or operated as one unit, to keep or maintain dogs;
X. "Kennel house" means a protected space or enclosure in a kennel in which an animal is assigned
to sleep, rest or be segregated from other animals;
Y. "Kennel operator" means a person who owns, controls or operates a kennel or who participates
in the control or operation of a kennel;
Z. "Kitten" means a cat of four (4) months or less of age;
AA. "Leash" means any rope, leather strap, chain or other material six (6) feet or less in length,
intended to be held in the hand of a person for the purpose of controlling an animal to which it is
attached;
BB. "License tag" means the official tag the City or other authorized agency issues to a dog owner
or custodian signifying the dog has been registered;
CC. "Licensed dog" means a dog wearing its current dog license tag as required by this Title
DD. "Neutered" means a male animal whose testicles have been surgically removed;
EE. "Owner" means a person, other than a custodian, who owns, keeps or harbors an anima] or a
person who takes possession of an animal after claiming to be the owner;
3
13-26
FF. "Pet Seller" means anyone who sells more than two dogs and/or cats in Chula Vista in a
twelve-month period.
GG. "Pet Shop" means an establishment involved in selling or exchanging (but excluding boarding,
breeding or raising) any birds, dogs, cats or other animals, all of which for the purpose of this Title
are tailed pets;
HH. "Potentially dangerous animal" means any of the following:
a. An animal of a species or type likely to cause injury to a person;
b. An animal, other than a declared dangerous dog, which has within the prior forty-eight
(48) month period attacked, bitten or otherwise caused injury to a person engaged in lawful
activity;
II. "Primary enclosure" means a structure in a kennel, other than a kennel house, used to restrict an
animal to a limited amount of space, such as a room, pen, run, fenced area, cage or compartment;
JJ. "Protection dog" means any attack trained dog; any dog trained to guard, protect, patrol, or
defend any premises, area or Yazd; or any dog trained to protect, defend, or guard any person or
property with or without the necessity of direct human supervision.
KK. "Puppy" means a dog of four (4) months or less in age. (Ord. 2267 § 1, 1998; Ord. 774 § 1,
1961; prior code § 4.9);
LL. "Rabies certificate" means the certificate a licensed veterinarian, the City or other authorized
agency issues verifying that an animal has been vaccinated against rabies;
MM. "Sanitize" means to make physically clean and to remove and destroy, to the maximum
degree that is practical, agents injurious to animal or human health.
NN. "Stray" means an animal that is "at large";
00. "Spayed" means a female animal whose ovaries and uterus have been surgically removed;
PP. "Substantial injury" means a substantial impairment of a person's physical condition which
requires professional medical treatment including, loss of consciousness, concussion, bone fracture,
protracted loss or impairment of function of a bodily member or organ, a muscle tear, a disfiguring
laceration, a wound requiring multiple sutures or an injury that requires surgery to restore the
person to the condition the person was in before the incident that resulted in the injury;
QQ. "Vaccinated dog" means a dog inoculated with an approved, currently valid antirabies vaccine,
and wearing a current dog license tag indicating proof of such vaccination.
RR. "Veterinarian" means a person currently licensed to practice veterinary medicine in the United
States;
SS. "Vicious dog" has the same meaning as the term "vicious dog" in Food and Agriculture Code
section 31603.
TT "Wild animal" means any animal of the classes of animals listed in Fish and Game Code section
2116 et. seq. and supplemented by 14 CCR sections 671 et. seq., which are not normally
domesticated or not allowed in the State of California.
Chapter 6.02
KEEPING ANIMALS -
REGULATIONSGENERALLY
Sections:
6.02.010 Keeping certain animals prohibited -Special permits.
6.02.020 Enforcement authority.
13-27
6.02.010 Keeping certain animals prohibited -
Special permits.
A. The keeping of animals, birds, fowls or rabbits not expressly permitted by Chapters 6.04
and 6.08 CVMC is prohibited unless a special permit is obtained.
B. Special Permits. Special permits may be granted for the maintenance of animals not in
strict conformance with the provisions of this title during special events for a period of not more
than two (2) months, if the City Manager or his or her designee makes a finding that the public
health and welfare will not be endangered thereby, and such animals shall be kept in a manner
consistent with the conditions imposed, if any, in such special permit and within the scope thereof.
(Ord. 2506 § 1, 1992; Ord. 2052 § 1, 1983; Ord. 774 § 2, 1961.)
6.02.020 Enforcement authority.
It shall be the duty of the City Manager or his or her designee to enforce all the provisions
of CVMC Title 6. According to the provisions of the California Penal Code section 830.9, the
animal control officers of the City may exercise designated powers of arrest. (Ord. 2506 § 1, 1992;
Ord. 774 § 3, 1961.)
Chapter 6.04
KEEPING PETS, LIVESTOCK,
BIRDS AND BEES*
Sections:
6.04.010 Definitions
A. Estray
6.04.020 Horses, cattle or sheep -Quantity permitted -Location -Certain conditions deemed
nuisance -Abatement.
6.04.030 Parakeets or similar domestic birds -Quantity permitted.
6.04.040 Dogs, cats -Quantity permitted in residential zones.
6.04.050 Chinchillas or hamsters -Quantity permitted -Housing restrictions.
6.04.060 Swine and goats prohibited -Exceptions.
6.04.070 Wild animals prohibited -Hawks and falcons excepted when -Other exceptions.
6.04.080 Rabbits, domestic fowl and pigeons -Quantity permitted.
6.04.090 Rabbits and domestic fowl -Housing restrictions.
6.04.100 Beekeeping permitted when.
6.04.110 Sanitary regulations.
6.04.121 Reptiles prohibited in public places and on property other than owner's.
6.04.130 Impound Holding Period for Estrays
* For statutory provisions regarding animals running at large, see Agric. Code § 17001, et seq.; for
provisions regarding in humane impounding, see Pen. Code § 597e.
CROSS REFERENCE: Dog Licenses, see Ch. 6.20 CVMC.
13-28
6.04.010 For the purpose of this Chapter: A. "Estray" means any impounded or seized bovine
animal, horse, mule, sheep, swine, or burro whose owner is unknown or cannot be located.
6.04.020 Horses, cattle or sheep -Quantity permitted -Location -Certain conditions
deemed nuisance Abatement.
A. No horse, cow or sheep shall be kept or maintained within 100. feet of any dwelling, not
including the owner's.
B. One (1) cow or two (2) sheep may be kept by a family on a single tract of land having a
minimum of 15,000 square feet, or two (2) horses on a single tract of land having a minimum of
20,000 square feet therein, and containing not more than one (1)single-family dwelling unit
thereon. One (1) additional horse may be kept for each 20,000 square feet over the minimum lot
area of 20,000 square feet.
C. Any animals kept as hereinabove provided which are responsible for obnoxious odors,
objectionable noise, unusual amounts of flies or unsanitary conditions which affect the peace and
welfare of the immediate neighborhood are declazed to be public nuisances and may be summarily
abated by the City Manager or his or her designee. (Ord. 2087 § 1, 1984; Ord. 1558 § 1, 1974; Ord.
1365 § 1, 1971; Ord. 774 § 1, 1961; prior code § 4.1(A), (H).)
6.04.030 Parakeets or similar domestic birds -Quantity permitted.
Twenty (20) parakeets or similar domestic birds may be kept on a tract of land, providing it
has a minimum of 7,000 square feet therein. (Ord. 774 § 1, 1961; prior code § 4.1(G).)
6.04.040 Dogs, cats -Quantity permitted in residential zones.
A. Single-family lots of less than 3,500 square feet and all multiple-family dwellings (i.e.,
attached apartments, condominiums and/or townhomes: The keeping of any animal other than one
(1) dog and one (1) cat, or two (2) dogs or two (2) cats, per dwelling unit is prohibited.
B. Single-family lots with at least 3,500 square feet but less than 10,000 square feet: The
keeping of more than three (3) dogs and three (3) cats is prohibited.
C. Single-family lots with at least 10,000 square feet but less than 15,000 square feet: The
keeping of more than four (4) dogs and four (4) cats is prohibited.
D. Single-family lots with at least 15,000 square feet but less than 20,000 square feet: The
keeping of more than five (5) dogs and five (5) cats is prohibited.
E. Single-family lots of 20,000 square feet or larger: The keeping of more than six (6) dogs
and six (6) cats is prohibited.
F. Nonresidential lots: The keeping of more than three (3) dogs and three (3) cats is
prohibited, except as permitted by Chapter 6.08 CVMC for kennels, catteries and pet shops. (Ord.
2267 § 1, 1988; Ord. 1888 § 1, 1980; Ord. 774 § 1, 1961; prior code § 4.1(c).)
G. The City Manager or his/her designee has the authority to waive pet limits on a case-by-
case basis up to the total of dogs and cats indicated in Section 6.04.040.
H. For purposes of this section, 6.04.040, dogs and cats are animals over six (6) months in
age.
6.04.050 Chinchillas or hamsters - Qaantity permitted - Hoasing restrictions.
A. Chinchillas or hamsters may be housed in a basement or garage or in a building attached
to the dwelling of their owner, but shall be located a minimum of fifty (50) feet from any other
dwelling when housed in a hutch or similar enclosure in a yard.
6
13-29
B. Five (5) pair of chinchillas or five (5) pair of hamsters may be kept by one (1) family on
a single tract of land having a minimum of 7,000 squaze feet therein and containing not more than
one (1)single-family dwelling unit thereon. (Ord. 774 § 1, 1961; prior code § 4.1(I), (B).)
6.04.060 Swine, roosters and goats prohibited -Exceptions.
The keeping of hogs, pigs or other swine, roosters or goats within the City is expressly
prohibited:
A. Where the keeping of any such animals was lawfully established and existing in an azea
thereafter annexed to the City, such keeping may, without enlargement, be continued for a period
not to exceed three (3) years after date of annexation of the azea wherein contained;
B. Such animals not exceeding two (2) in number may be maintained for bona fide
educational purposes upon application of a public or private school to the City council and approval
by the City council, both as to the type and number of animals to be kept for such purposes and the
manner of their keeping;
6.04.070 Wild animals prohibited -Hawks and falcons excepted when -Other exceptions.
No person shall possess or maintain within the jurisdiction of the ordinance codified in this
Section any animal which is not normally domesticated in the United States, including, but not
limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, cougaz,
ocelot, wildcat, skunk, venomous reptile, birds attaining an adult weight of over fifteen (15)
pounds, rodents attaining an adult weight of over ten (10) pounds, any crocodilian (Order
Crocodilia), all boa and python species (Family Boidae) attaining an adult weight of over fifteen
(15) pounds or an adult overall length of over three and one-half (3-1 /2) feet, and all monitor lizard
species (Family Varanidae) that attain an adult weight of over ten (10) pounds or an adult overall
length over three (3) feet, irrespective of its actual or asserted state of docility, tameness or
domesticity. Such an animal shall be refereed to as a "wild animal." The sale, possession for sale,
importation or breeding of a wild animal is absolutely prohibited. This Section does not apply to
birds, small rodents or small nonpoisonous reptiles commonly used for educational or experimental
purposes or for pets.
This Section shall not apply to legally operated zoos or circuses or to recognized institutions
of learning or scientific research unless the City Manager or his of her designee gives 48-hours'
advance notice that, by reason of inadequate caging or other means of protection of the public from
such animals, or by the ineffectiveness of sanitation measures, or by a particulaz hazazd connected
with the animal or animals involved, the public health and welfare will be endangered. It is further
provided that certain raptorial birds or birds of prey, such as hawks and falcons, may be maintained
in the City by licensed falconers, who may acquire a qualified ownership of such birds of prey for
the practice of falconry by complying with Fish and Game Commission rules and regulations. (Ord.
1792 § 1, ]978; Ord. 1585 § 1, 1974; Ord. 1514 § 1, 1974; Ord. 774 § 1, 1961; prior code § 4.1(F).)
6.04.080 Rabbits, domesfic fowl and pigeons -Quantity permitted.
Six (6) rabbits, six (6) chickens, two (2) turkeys, two (2) ducks, two (2) geese, ten (10)
pigeons (all breeds) or any combination not to exceed a maximum of twenty (20) animals may be
kept by one (1) family on a tract of land, providing it has a minimum of 7,000 square feet therein
and contains not more than one (1)single-family dwelling unit thereon; provided; however, that the
total number of all fowls and rabbits shall not exceed twenty-five (25). (Ord. 774 § 1, 1961; prior
code § 4.6(A).)
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6.04.090 Rabbits and domestic fowl -Housing restrictions.
Rabbits and fowl shall be kept or maintained within a building or fenced enclosure in the
rear yard, as defined by the zoning ordinance of the City, and shall be not less than fifty (50) feef
from any residence, not including the owner's, and not less than five (5) feet from any property line
adjacent to the owner's property. The provisions of this subsection shall not apply to parakeets,
canaries and similar birds. (Ord. 1639 § 1, 1975; Ord. 774 § 1, 1961; prior code § 4.6(B).)
6.04.100 Beekeeping permitted when.
It is unlawful for any owner or occupant to allow, permit or maintain stands or hives of bees
in or upon the owner's or occupant's premises if the premises are within 600 feet of any building
used for residential purposes in the City; provided, however, that nothing contained in this Section
shall be deemed or construed to prohibit the keeping of bees:
A. In a hive or box located in a schoolhouse or museum for the purpose of study or
observation;
B. In a hive or box located and kept within a physician's office or laboratory for medical
research, medical treatment or scientific purposes;
C. In a hive or box located on residential property for scientific research or study purposes,
when maintained in such a manner as to prevent a nuisance or annoyance to surrounding property
owners. (Ord. 1030 § 1, 1966; prior code § 4.113.)
6.04.110 Sanitary regulations.
A. All dead birds or animals or skins shall be kept in tight containers and removed from the
premises at least every seven (7) days.
B. All stables, houses, pens, coops, hutches, runways, corrals and yards shall be maintained
in a clean and sanitary condition. They shall be cleaned two (2) times a week or more often if, in
the opinion of the City Manager or his or her designee, it is deemed necessary to prevent an
unsanitary condition, and shall at all times be free from offensive odors.
C. All stables, houses, coops and hutches shall.be lime-washed or painted at least twice a
year.
D. The floors of every building or coop where birds are kept shall be smooth and tight and
be maintained to prevent an accumulation of filth and water or harboring of rodents.
E. If runs are provided, and the ground cannot be kept in a clean and sanitary condition at
all times as required by City Manager or his or her designee, then said runs or pens shall have
floors constructed of concrete.
F. Rabbits, chinchillas and hamsters shall be kept in hutches or cages provided with floors
for the purpose of cleaning and disinfecting.
G. All animal, fowl and rabbit droppings and food scraps shall be removed from the
premises at least twice a week or more frequently if, in the opinion of the City Manager or his or
her designee, it is necessary to prevent an unsanitary condition.
H. All food for animals, birds, fowl and rabbits, except hay and straw, shall be stored in
containers that offer protection against rodents.
I. No person shall keep or store any fertilizing material except in containers, bins or rooms
which are fly-tight, dust-proof, and ventilated in such a manner as to prevent the fertilizer material
from becoming a harbor for rodents, or a breeding place for flies.
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J. No manure, animal excreta or stable refuse shall be transported except in a vehicle
effectively covered to prevent the contents from being dropped, which vehicle shall have been
approved for such transportation by the City Manager or his or her designee. No person shall
permit manure, animal excreta or stable refuse to be dropped on any street or public property while
being transported in the City. No person shall keep or store manure, animal excreta or stable refuse
unless the same shall have been treated with a larvicide satisfactory to the City Manager or his or
her designee. (Ord. 774 § ], 1961; prior code § 4.7.)
6.04.111 Reptiles prohibited in public places and on property other than owner's.
It is unlawful for any person who possesses, maintains or has custody of any reptiles, such
as snakes, lizazds or alligators, to carry, guide, direct or in any way convey such animal upon the
public streets, sidewalks, public rights-of-way, public parks or any other public area or upon the
property of another without express written permission of the property owner thereof. Any such
animals found in the possession, maintenance or custody of persons in the areas defined in this
Section may forthwith be taken into the custody of the animal regulation officer or peace officers of
the City and held in custody until such time as the judiciary shall have determined the disposition
thereof. (Ord. 1896 § ], 1980.)
6.04.130 Impound Holding Period for Estrays
The required holding period for an estray animal impounded pursuant to this division shall
be fourteen (14) days, not including the day of impoundment.
Chapter 6.08
KEEPING COMMERCIAL CATS, DOGS, POULTRY
AND RABBITS*
Sections:
6.08.010 Definitions.
6.08.020 Businesses subject to health regulations.
6.08.030 Permit -Required.
6.08.040 Permit -Application -Contents -
Expiration date.
6.08.050 Permit -Inspection fee -Penalty
added when -Disposition of moneys.
6.08.060 Permit -Grounds for suspension or
revocation.
6.08.070 Repealed.
6.08.080 Kennels, catteries and pet shops -
Permit prerequisites.
6.08.090 Kennels, catteries and pet shops -
Location and soundproofing
regulations.
6.08.100 Kennels, catteries and pet shops -
Caze of pets and pet foods.
6.08.110 Kennels, catteries and pet shops -
Sanitary conditions required.
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6.08.111 Kennels, catteries and pet shop -Inspection
6.08.120 Diseased animals -Notice and
isolation required -Disposal.
6.08.130 Certain conditions deemed nuisance -
Abatement authorized.
6.08.140 Exceptions to applicability of chapter.
* For statutory provisions regarding inhumane impounding, see Pen. Code § 597e.
6.08.010 Definitions.
Repealed by Ordinance
6.08.020 Businesses subject to health regulations.
Health regulated businesses shall include kennels, catteries, pet shops, dairy farms and the
keeping or maintenance of more than twenty-five (25) fowl and/or rabbits. (Ord. 774 § 1, 1961;
prior code § 4.8(A).)
6.08.030 Permit -Required.
It is unlawful for any person to own, control, lease, act as agents for, conduct, operate or
manage any kennel, cattery, pet shop, dairy farm or maintain more than twenty-five (25) fowl
and/or rabbits without first applying for and receiving from the City a permit therefore, as provided
for under this Chapter. (Ord. 774 § 1, 1961; prior code § 4.8(B).)
6.08.040 Permit -Application -Contents -Expiration date.
Every person applying for a permit shall file with the City a written application which shall
state the name and address of the applicant, and a description of the property wherein or whereon it
is proposed to conduct the business of a pet shop, cattery or kennel, or all and other such
information as the City may require. Every applicant for such permit shall at the time of making
application deposit and pay to the clerk, authorized by the City to receive such application, the
annual inspection fee hereinafter in this Section established.
A permit for which application is made under the provisions of this Section may be granted
at any time during the year, but all permits granted hereunder shall expire on the thirty-first
(31s`)day of December of the year in which the same are granted. (Ord. 774 § 1, 1961; prior code §
4.8(c).)
6.08.050 Permit -Inspection fee -Disposition of moneys.
Every person applying for a permit under the provisions of this Chapter shall at the time of making
application for such permit pay an inspection fee as established in the City master fee schedule. All
moneys received as inspection fees under the provisions of this Code shall be paid into the City
treasury and placed in the general fund. (Ord. 774 § I, 1961; prior code § 4.8(D).)
6.08.060 Permit -Grounds for suspension or revocation.
Permits for kennels, catteries, pet shops, dairy farms, and the maintenance of more than twenty-five
(25) fowl and/or rabbits shall be subject to suspension or revocation by the City Manager or his or
her designee upon his findings that, because of any of the conditions mentioned in this Chapter, or
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because of the ineffectiveness of sanitation measures, or a particular or peculiar hazard connected
with the animals, fowl, rabbits, or birds involved, the public health and welfare will be endangered
unless such action is taken. (Ord. 774 § 1, ] 961; prior code § 4.8(E).)
6.08.070 Kennels, catteries and pet shops -Designated.
Repealed by Ord. 2267,¢ 1, 1988. (Ord. 774 § 1, 1961; prior code § 4.8(F).)
6.08.080 Kennels, catteries and pet shops -Permit prerequisites.
No permit for the activities included in this Chapter shall be valid unless it shall have been
certified by the director of planning and building as not being in conflict with ordinances and local
regulations concerning planning and zoning. (Ord. 2790, 1999; Ord. 774 § 1, 1961; prior code
§ 4.8(G).)
6.08.090 Kennels, catteries and pet shops -Location and soundproofing regulations.
Al] kennels and catteries shall be located in an area which is well isolated and all animals
shall be kept not less than twenty (20) feet from any door, window or opening of any private
dwelling. If, however, any kennel or cattery has been established in a congested area, the animals
shall be held in a soundproof room. (Ord. 774 § 1, 1961; prior code § 4.8 (H).)
6.08.100 Kennels, catteries and pet shop facilities -- Operating requirements.
A facility operator shall comply with the following requirements:
A. Each building, fence and other structure shall be structurally sound and be maintained in
good repair to protect the animals from injury, contain the animals and to prevent other animals
from entering the kennel;
B. The facility shall have reliable and adequate electric power and potable water;
C. The facility shall have adequate quantities of food and supplies, adequate refrigeration to
protect perishable food, and adequate storage facilities to keep food and supplies dry, clean and
uncontaminated;
D. The operator shall maintain the entire facility in a clean and sanitary condition at all
times.
E. The operator shall prepare a maintenance schedule for the entire facility that describes
how often the operator will clean each part of the facility and have the maintenance schedule
available for inspection when the City inspects the facility. The maintenance schedule shall
provide a program to control insects, ectopazasites and avian and mammalian pests. The facility
operator shall clean and sanitize the facility in accordance with the maintenance schedule and at a
minimum, shall remove excrement daily, or more often if necessary, to keep the animals and staff
safe from contamination, disease and odors, and keep the entire facility free of accumulations of
trash and debris;
F. The facility shall have and maintain adequately supplied toilet rooms, washrooms, and
sinks that allow animal caretakers to practice good hygiene;
G. The operator shall provide each animal housed in the facility with food that is
uncontaminated, wholesome and of sufficient quantity and nutritive value to meet the normal daily
requirements for the condition and size of the animal. The food shall be provided in clean and
sanitary receptacles accessible to each animal and located to minimize contamination by excreta;
H. The operator shall provide each animal with potable water in clean and sanitary
receptacles available to the animal at all times, unless a licensed veterinazian has restricted an
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animal's water intake. The water receptacle shall be secured to prevent the receptacle from being
tipped over;
I. The facility shall protect each animal housed in the facility from the elements, including
sun, heat, cold, wind, dampness, rain and snow and shall maintain environmental conditions for
each animal that are appropriate for that animal;
J. The facility shall provide adequate fresh air ventilation for the health and comfort of each
animal in a manner that minimizes drafts, odors and moisture condensation;
K. The facility shall provide ample light that is uniformly distributed throughout the facility
to allow staff to inspect and clean the kennel during the hours of 7 a.m. to ] 0 p.m. and shall protect
the animals from harmful or annoying illumination;
L. The facility's interior walls and floors shall be constructed of material impervious to
moisture and maintained in that condition. The material shall have a surface that may be readily
sanitized;
M. The facility shall have a drainage system to rapidly drain animal excreta from the
facility. The drainage shall be constructed and maintained to prevent unpleasant odors and to
prevent any drainage backup into the facility.
6.08.101 Kennels, catteries and pet shops -General requirements for primary enclosures.
A Facility operator shall provide a primary enclosure for each animal housed at the facility.
Each primary enclosure shall be:
A. Constructed and maintained in good repair to protect the animal housed in the enclosure
from injury, be able to keep the animal from getting out of the enclosure and keep other animals
out;
B. Constructed and maintained to enable each animal housed in the enclosure to remain dry
and clean;
C. Constructed and maintained to enable the animal housed in the enclosure to have
convenient access to clean food and water;
D. Large enough to allow each animal housed in the enclosure to obtain adequate exercise.
A separate house that an animal uses as sleeping quarters shall provide sufficient space to allow
each animal in the house to tum about freely, stand easily and sit or lie in a comfortable position. It
is unlawful to keep an animal in a primazy enclosure or house that does not provide adequate space.
6.08.102 Kennels, catteries and pet shops -Additional general requirements for primary
enclosure housing cats.
A facility operator who maintains a primary enclosure that houses one or more cats shall:
A. Provide a receptacle containing sufficient clean litter in an enclosure to contain excreta
based upon the number of cats in the enclosure.
B. Provide adequate solid resting surfaces to comfortably hold all cats occupying the
enclosure at the same time. In a primary enclosure housing two or more cats, each solid resting
surface shall be elevated.
C. No operator shall house more than twelve (12) adult cats in the same primary enclosure.
6.08.103 Kennels, catteries and pet shops -Additional space requirements for dogs
A facility operator shall comply with the following additional space requirements for dogs:
A. An unattended primary enclosure shall not house more than twelve (12) dogs of any size.
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B. The number of dogs in an attended primary enclosure shall not exceed that number that
may be safely supervised by the number of attendants on duty and shall not exceed twelve (12)
dogs per attendant within the enclosure.
C. A passageway into a kennel house shall be large enough to allow easy access for each
dog in the house.
D. A kennel that confines a dog in a kennel house that does not meet the space requirements
in this Chapter for a primary enclosure shall not house the dog in a kennel house for more than 12-
hoursin any 24-hour period.
E. A primary enclosure or kennel house of a kennel shall meet the minimum space
Pr+~
in Table 6.08.103.TABLE 6.08.103
MINIMUM SPACE REQUIREMENTS
PRIMARY ENCLOSURE KENNEL HOUSE
WEIGHT OF
DOGS IN
POUNDS PRIMARY
WIDTH SQ
FOOTAGE WIDTH SQ
FOOTAGE
Up to 15 2.0' 6.0 1.5' 3.0
Over 15 to 35 2.5' 10.0 2.0' S.0
Over 35 to 65 3.0' 15.00 2.5' 7.5
Over 65 to 95 3.0' 18.0 2.5' 9.0
Over 95 to 130 3.5' 24.0 3.0' 12.0
Over 130 4.0' 32.0 3.5' 14.0
F. If a primary enclosure or kennel house contains more than one (1) dog, the minimum
square feet required is the sum of the square feet requirements for each individual dog kept in the
primary enclosure or kennel house.
6.08.104 Kennels, catteries and pet shops -Employees
A facility operator shall employ a sufficient number of caretakers to maintain the standards
set forth in this article. It shall not be a defense to an action to suspend or revoke a facility license
or a civil or criminal action to enforce a violation of this article that the licensee was unable to
comply due to an insufficient number of employees.
6.08.105 Kennels, catteries and pet shops -Classification and separation
Animals housed in the same primary enclosure shall be maintained in compatible groups,
with the following additional restrictions:
A. A female in estrus shall not be housed in the same primary enclosure as a male, except
for breeding purposes.
B. Any animal exhibiting a vicious disposition shall be housed by itself.
C. A puppy shall not be housed in the same primary enclosure with an adult other than it's
dam, and a kitten shall not be housed with an adult cat other than its dam, except when an animal
owner specifically requests they be housed together.
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D. No dog shall be housed in the same primary enclosure with a cat and no dog or cat shall
be housed in the same primary enclosure with any other species of animal, unless an animal owner
requests the facility operator house specific animals together.
E. An animal under quarantine or treatment for a communicable disease or an animal with a
serious injury or disability shall be kept separate from any other animal.
6.08.106 Kennels, catteries and pet shops -Records.
A. A facility operator shall maintain a register for each dog housed at the facility that
includes: (1) the dog owner's name, address and telephone number, (2) the dog's name and
description, including breed, color, sex, month and yeaz of birth, (3) the date of its most recent
rabies vaccination and (4) a copy of the current vaccination certificate, the name and telephone
number of the veterinarian who vaccinated the dog, or the telephone number of the licensing
agency verifying the vaccination.
B. For all animals other than dogs, the operator shall maintain a register with the name,
current address and telephone number of the owner of each animal kept at the kennel, the
description of the animal, including its age, if known, or approximate age, breed, sex and color.
C. The operator shall have someone in attendance at the facility when the facility is housing
one or more animals who can identify each animal in the kennel, except that animals under four
months of age may be identified as to litter.
6.08.107 Kennels, catteries and pet shops -Vaccination required for individual dogs.
A facility operator shall not be required to obtain the dog license required by this Chapter
for each dog housed in the facility, but shall not house a dog in the facility that has not been
vaccinated as required by this Chapter.
6.08.108 Pet shops -Dog and cat sales prohibited.
Pet shops aze prohibited from selling dogs or cats in the City of Chula Vista.
6.08.109 Kennels, catteries and pet shops -Operated contrary to this Chapter.
A facility the City determines is unsanitary or a threat to animal or public health, safety or
welfare, or being operated contrary to this Chapter is declared to be a public nuisance. The City
may take action against the facility operator as authorized by State law or this Code to abate the
nuisance. If the City determines immediate action is necessary to preserve or protect an animal or
public health, safety or welfare, the City may summarily abate a nuisance by any reasonable means
including impoundment of any animal and immediate closure of a facility until the nuisance is
abated. The City may recover its abatement costs from the facility operator.
6.08.110 Kennels, catteries and pet shops -Sanitary conditions required.
Repealed by Ordinance
6.08.111 Kennels, catteries, and pet shops -Inspections.
Kennels, catteries, and pet shops are subject to inspections by City staff at least annually.
6.08.120 Diseased animals -Notice and isolation required -Disposal.
Whenever any pets shall appear to have any communicable disease, the City Animal Care
Facility shall be notified immediately of such condition with such information as may be necessary,
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and such pets shall be immediately isolated from healthy pets. If, in the discretion of the City
Manager or his or her designee, said pet is considered a menace to the health of other pets or
people, he/she shall condemn said pet to be removed entirely from the premises and, if necessary,
destroyed. No diseased pet shall be sold or given away, nor shall it be otherwise disposed of except
in a manner authorized by the City Manager or his or her designee. (Ord. 774 § 1, 1961; prior code
§ 4.8(K).)
6.08.130 Certain conditions deemed nuisance -Abatement authorized.
The presence of obnoxious odors or unsanitary conditions or the failure to muzzle or place
in soundproof kennels all dogs barking excessively, or to a degree that annoys the immediate.
neighborhood, is hereby declared to be a public nuisance and may be summarily abated by the City
Manager or his. or her designee. (Ord. 774 § 1, 196]; prior code § 4.8(L).)
6.08.140 Exceptions to applicability of chapter.
Nothing contained in this Chapter shall be deemed or construed to prohibit the keeping of
animals, fowl or rabbits, providing they are kept:
A. In a coop, box or run located and kept within a schoolhouse, museum, or zoo for the
purpose of study or observation;
B. In a coop, box or run located and kept within a physician's office or a laboratory for
medical research, medical treatment or scientific purposes;
C. On premises zoned for A use. This does not apply to CVMC 6.04.060;
D. On premises where the fowl or rabbits are sold in the ordinary and customary courses of
business and are not raised, bred or grown on such premises. (Ord. 774 § 1, 1961; prior code §
4.10.)
Chapter 6.12
GRAZING AND IMPOUNDMENT*
Sections:
6.12.010 Grazing regulations.
6.12.020 Pound established -Maintenance.
6.12.030 Impoundment -Procedure generally -Sale of animals authorized when -Procedure.
6.12.040 Impoundment -Fees and chazges.
6.12.041 Impoundment- Mandatory Medical Caze
6.12.042 Impound Holding Period for Stray Dogs and Cats
6.12.045 Disposition of unclaimed dogs -Notice of owner.
6.12.060 Relinquishment of dogs and cats by owner -Fees.
6.12.061 Proof of Ownership When Relinquishing aDog/Cat Required.
* For statutory provisions regazding dogcatchers, see Agric. Code § 31106; for provisions
regarding the impoundment of dogs, see Agric. Code § 31101; for provisions regarding animals
running at large, see Agric. Code § 17001, et seq.; for provisions regarding inhumane impounding,
see Pen. Code § 597e.
6.12.010 Grazing regulations.
It is unlawful for any person owning or having control of any of the animals mentioned in
CVMC 6.04.010 to graze or pasture the same, or cause the same to be done, within the City, unless
all such animals are securely staked or fastened so the same shall not injure shade or ornamental
trees and cannot go upon or across the traveled portion of any street, alley, or public grounds within
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the City, or to so stake or fasten any such animal so that the same constitutes running at large of
such animal in the City. (Ord. 1979 § 1, ] 982; prior code § 4.2.)
6.12.020 Shelter established -Maintenance.
There is established a city shelter for impounding strays and dogs, and the same shall be
maintained in the City in a place to be selected by the City Manager and approved by the council.
(Ord. 2506 § 1, 1992; prior code § 4.11.)
6.12.030 Impoundment -Procedure generally -Sale of animals authorized when -Procedure.
Whenever the City Manager or his or hex designee shall discover or be notified that any
animal or animals enumerated in CVMC 6.04.010 aze running at large, grazing, pasturing, injuring
trees or staked or fastened in any maxmer prohibited by this Chapter, it shall be his duty and he/she
is directed to immediately cause such animal or animals to be picked up and placed in a suitable
corral or enclosure for safekeeping. (Ord. 2506 § I, 1992; Ord. 1979 § 1, 1982; prior code § 4.3.)
6.12.040 Impoundment -Fees and charges.
Standard fees charged by the. City for impoundment and boarding of animals shall be lawful
charges against the owner or owners or persons in chazge of such animals. The agency furnishing
services or board shall be entitled to a lien upon the animals for payment of the required fee(s).
(Ord. 2506 § 1, 1992; Ord. 1979 § 1, 1982; Ord. 1961 § 1, 1982; Ord. 1814 § 1, 1978; Ord. 833,
1963; prior code § 4.4.)
6.12.041 Impoundment -Mandatory medical care.
Whenever the Animal Care Facility Manager shall be notified by the facility's medical staff
that an animal that was impounded and is being reclaimed by its owner requires medical care, at the
time of redemption the owner will be given a mandatory medical form that will be issued with a
time frame of compliance of 24-hour, 48-hour or 72-hour depending on the severity of the injury.
6.12.042 Impound holding period for stray dogs and cats.
(a) The required holding period for a stray dog/cat impounded pursuant to this division shall
be four (4) business days, not including the day of impoundment.
(b) During the holding period required by this Section and prior to the adoption or
euthanasia of a dog or cat impounded pursuant to this division, the dog or cat shall be scanned for a
microchip that identifies the owner of that dog or cat and shall make reasonable efforts to contact
the owner and notify him or her that his or her dog/cat is impounded and is available for
redemption
6.12.045 Disposition of unclaimed animals -Notice of owner.
Every animal impounded under this Chapter shall be humanely euthanized, put up for
adoption, or exited by approved rescues by the City Manager or his or her designee. If claimed and
taken away by the owner, all applicable fees will apply which may include but not be limited to
impoundment fees, boarding and any other fees and are payable at time of claim. It shall be the
duty of the City Manager or his or her designee within one (1) business day to attempt to notify
personally or by mail the owner of any animal beazing a tag or plate mentioned in CVMC 6.20.060
or any other form of identification such as a microchip. Any person adopting a dog or cat shall pay
the required adoption fee(s). (Ord. 2506 § 1, 1992; Ord. 1906 § 1, 1980.)
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6.12.050 Disposition of proceeds of sales
Repealed by Ordinance
6.12.060 Relinquishment of dogs and cats by owner -Fees.
Residents of the City of Chula Vista may relinquish dogs and cats to the City when and if
any space at shelter allows for it and upon payment of the required fee(s). Nonresidents of the City
of Chula Vista that contract with the City for their Animal Care Services may relinquish dogs and
cats to the City when and if any space at shelter allows for it, providing such relinquishment is done
at the City animal shelter, upon payment of the required fee(s). (Ord. 2506 § 3, 1992.)
6.12.061 Proof of Ownership When Relinquishing aDog/Cat Required
(a) Upon relinquishment of adog/cat, the owner of that dog/cat shall present sufficient
identification to establish his or her ownership of the dog/cat and shall sign a statement that he or
she is the lawful owner of the dog/cat.
Chapter 6.16
DEAD ANIMALS*
Sections:
6.16.010 Anima] defined.
6.16.020 Prohibited where -Disposition in certain places deemed nuisance.
6.16.030 Disposal -Duty of owner of animal.
6.16.040 Disposal -Duty of owner of land or premises.
6.16.050 Disposal -Authority of animal control officer.
* For statutory provisions authorizing the City council to declare what constitutes a nuisance, see
Gov. Code § 38771; for provisions regarding the abatement of nuisances, see Gov. Code §§ 38773
and 38773.5.
6.16.010 Animal defined.
Repealed by Ordinance
6.16.020 Prohibited where -Disposition in certain places deemed nuisance.
No dead animal shall be deposited or allowed to remain upon any premises within a quarter
of a mile of any park, county highway, state highway, or any public highway, road or alley, or any
dwelling or other structure used or occupied by a person or persons, or in any standing or running
water or in any open excavation, and any animal deposited or allowed to remain upon such
premises is hereby declared to be a public nuisance. (Ord. 1203 § 1, 1969; prior code § 4.42.)
6.16.030 Disposal -Duty of owner of animal.
It is the duty of the owner of a dead animal to dispose of such dead animal by means of the
services of a licensed veterinarian, the City Animal Care Facility upon payment of the required
fees, or other persons licensed to engage in the work of disposing of dead animals. (Ord. 2506 § 1,
1992; Ord. 1203 § 1, 1969; prior code § 4.43.)
6.16.040 Disposal -Duty of owner of land or premises.
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It is the duty of the owner, the occupant and any person having control of the premises
referred to in CVMC 6.16.020, on which there is a dead animal, to remove said dead animal from
said premises, or otherwise dispose of said dead animal in the manner prescribed in CVMC
6.16.030. (Ord. 1203 § 1, 1969; prior code § 4.44.)
6.16.050 Disposal -Authority of animal control officer.
In the event a dead anima] is deposited or allowed to remain upon premises in violation of
CVMC 6.16.020 and the City animal control officer determines that in the interest of protecting the
public health the City should forthwith cause the removal and disposal of said dead animal, the
animal control officer may act to remove and dispose of said dead animal. Further, the animal
control officer is authorized to dispose of dead animals as requested pursuant to CVMC 6.16.030.
(Ord. 2506 § 1, 1992; Ord. 1203 § 1, 1969; prior code § 4.45.)
Chapter 6.20
DOG LICENSES*
Sections:
6.20.010 Dog defined.
6.20.020 Required when -Period of validity.
6.20.030 Application required -Procedure -Transfer licensing procedures.
6.20.040 Fee -Schedule.
6.20.050 Penalty for late application or payment.
6.20.060 Tag and receipt issuance -Tag to be worn by dog -Replacement -Fee.
6.20.070 Fee -Exemptions permitted when.
* For statutory provisions regarding dog license fees, see Gov. Code § 38792 and Agric. Code §§
30501 and 30502
CROSS REFERENCE: For provisions regarding the keeping of pets, livestock, birds and bees, see
Ch. 6.04 CVMC.
6.20.010 Dog defined.
Repealed by Ordinance
6.20.020 Required when -Period of validity.
All dogs over the age of four (4) months which are brought into the City, and those dogs
which have been in the City upon reaching the age of four (4) months, shall be licensed within
thirty (30) days after being brought within the City or upon reaching the age of four (4) months, in
accordance with this Chapter. This Section shall not apply to dogs which are confined to kennels
licensed pursuant to this Code. Any unlicensed dog, legally impounded in the City animal care
facility, shall be presumed for purposes of this Section to be, prior to the time of impounding, a dog
for which a license is required under this Section, regardless of such dog's age or stay in the City.
Dog licenses may be procured for either one (1) or three (3) years. They shall be valid only
during the year or years for which issued and shall expire on the month it was issued; provided,
however, that application for the license or renewal of a license may be made subsequent to thirty
(30) days from the date on which the dog is required to be licensed under this Chapter. (Ord. 2201
§ 1, 1987; Ord. 2050 § 1, 1983; Ord. 1253 § 1, 1969; prior code § 4.13.)
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6.20.030 Application required -Procedure -Transfer licensing procedures.
A. A separate application shall be made for each dog. The application shall be made on the
form provided by the City Animal Care Facility Manager and shall be filed with the City Animal
Care Facility Manager. If a dog is acquired by the owner or is brought into the City or reaches the
age of four (4) months, the owner shall apply for a license within thirty (30) days thereafter.
B. It is declared to be the intent of this Chapter to apply the licensing requirements to all
dogs brought into the City, except those accompanying visitors or tourists who do not stay within
the City more than thirty (30) days. A dog having a license issued by another legislative authority
elsewhere in the state of California, and which has been vaccinated with a vaccine approved for
declared rabies azeas by the state of California, and the immunization period therefore has not
expired, may, upon application of its owner, be issued a transfer license good for the remainder of
the year, upon payment of the required filing fee(s). The applicant for such license shall surrender
to the City Animal Care Facility Manager the out-of-city license and evidence of vaccination. The
penalties provided in this Chapter shall not apply to a license issued under the provisions of this
Section.
C. Whenever the ownership of a dog has changed, the new owner may secure a transfer of
license to him by endorsement on the records of the City Animal Care Facility Manager, upon the
payment of the required transfer fee(s) and the presentation to the City Animal Care Facility
Manager of the original receipt endorsed by the original licensee as a transferor.
D. Proof of vaccination against rabies, which vaccination is required in compliance with the
provisions of this Code and the Health and Safety Code of the State of California, shall be a
condition precedent to the licensing of any dog under the provisions of this Chapter, and the
certificate of vaccination which is required by said codes may serve as proof of vaccination. No
license may be issued under the provisions of this Chapter unless the certificate of vaccination
shows that the effective duration of such vaccination shall be for a period of at least eleven (11)
months beyond the beginning of the year for which the license is issued, in the case of one-year
licenses; and for at least thirty-five (35) months beyond the beginning of the three (3)yeaz period
for which a license is issued, in the case of a three-year license.
E. When any dog owner presents evidence that a previously licensed dog is deceased or
executes a declazation under penalty of perjury of such a fact, said owner may secure a transfer of
the license previously issued to such an animal to a newly acquired dog for the balance of the
license period, upon the payment of the required fee(s) and the presentation to the fi~xe~City
Animal Caze Facility Manager of proof of vaccination against rabies. The City Animal Care
Facility Manager shall note on the original application the name and description of the animal to
which the license has been transferred. (Ord. 2506 § 1, 1992; Ord. 2050 § 1, 1983; Ord. 2011 § 1,
1982; Ord. 1961 § 1, 1982; Ord. 1710 § 1, 1976; Ord. 1253 § 1, 1969; prior code § 4.14.)
6.20.040 Fee -Schedule.
The license fee for dogs shall be the required fee(s).
Any dog license tag issued pursuant to this Section shall be issued for of the fees listed in the
master fee schedule for any dog. (Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1564 § 1, 1974;
Ord. 1253 § 1, 1969; prior code § 4.15.) The penalty for an unlicensed dog shall be as listed in the
Master Fee Schedule.
6.20.050 Penalty for late application or payment.
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The required penalty fee(s) shall be added to the license fee if application or payment is
made subsequent to thirty (30) days from the date on which the dog is required to be licensed under
this Chapter. The time of application or payment shall be determined as follows: If made by deposit
with the United States mail, addressed to the City Animal Care Facility Manager, and postage
prepaid, the postmark, or if none, the postage meter imprint, shall be conclusive; otherwise, the
time of actual receipt by the City Animal Care Facility Manager shall be conclusive. This penalty
shall not be added if the dog to be licensed has been in the applicant's possession in the City less
than thirty (30) days. (Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1253 § 1, 1969; Ord. 939 §
1, 1965; prior code § 4.16.)
6.20.060 Tag and receipt issuance -Tag to be worn by dog -Replacement -Fee.
A. A numbered receipt bearing a brief description of a licensed dog and a correspondingly
numbered license tag shall be issued with each license granted. The numbered license tag shall be
firmly attached by the licensee to the collar or harness of the dog for which issued, except when the
dog is securely confined on or within the premises of the owner. No licensee, or any other person,
shall attach, or permit to be attached, such a tag to the collar or harness of, or otherwise cause such
tag to be worn or carried by, any dog other than the dog for which such tag was issued.
B. Whenever a license tag has been lost or destroyed, a new receipt and tag, expiring on the
same date as the original, maybe issued for the same dog, on the payment of the required
replacement fee(s). (Ord. 2506 § 1, 1992; Ord. 2050 § 1, 1983; Ord. 1961 § 1, 1982; Ord. 1253 § 1.
1969; prior code § 4.17.)
6.20.070 Fee -Exemptions permitted when.
A. Seeing-eye dogs, signal dogs, and service dogs, as defined by the California Civil Code,
and dogs which have served with the armed forces of the United States of America during any
period of actual hostilities must be licensed and vaccinated under the provisions of this Code, but
their owners shall be exempt from the license fee imposed by this Chapter.
B. Dogs used on farms for the primary purpose of herding livestock must be licensed and
vaccinated under the provisions of this Code, but their owners shall be exempt from the license fee
imposed by this Chapter. To qualify For the exemption in this subsection, the owner must furnish an
affidavit or declaration under penalty of perjury on blanks furnished by the tax collector that his
dog is necessary for herding livestock and is used primarily for that purpose.
C. Dogs used by any governmental agency for the purpose of law enforcement must be
licensed and vaccinated under the provisions of this Code, but their owners shall be exempt from
the license fee imposed by this Chapter. (Ord. 2506 § 1, 1992; Ord. 1253 § 1, 1969; prior code §
4.18.)
Chapter 6.22
MANDATORY SPAY/NEUTERING
A. Any dog or cat which is impounded for a second time at the Chula Vista Animal Care
Facility shall be required to be spayed or neutered.
B. The City Manager or his/her designee may waive impound requirements in the case of
extraordinary circumstances such as earthquakes and fires.
Chapter 6.24
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RESTRAINING DOGS*
Sections:
6.24.010 Conditions of animal ownership.
6.24.020 Running at large prohibited.
6.24.030 Restraint of dogs by owner.
6.24.040 Barking Dog.
6.24.050 Disturbing the peace prohibited.
6.24.060 Nuisance.
6.24.070 Curbing Dogs.
6.24.080 Female dogs in season.
6.24.090 Inhumane treatment and abandonment.
6.24.100 Guard dogs, dangerous dogs or potentially dangerous dogs.
6.24.110 Proceedings to declare a dog a dangerous dog.
6.24.120 Impoundment, abatement and restrictions on dangerous dogs.
6.24.130 Entering food establishments prohibited.
6.24.140 Complaints.
6.24.150 Presumption of responsibility for violation.
6.24.160 Enforcement provisions.
6.24.170 Violation declared a public nuisance.
6.24.180 Designated violations -misdemeanors and infractions.
6.24.190 Harboring of strays
* For statutory authority for cities to seize and to impound dogs found running at large, see Agric.
Code § 31101.
CROSS REFERENCE: For provisions regarding rabies, see Ch. 6.28 CVMC.
Prior legislation: Ords. 1029, 1196,.1628 and 1633; prior code §§ 4.19, 4.20, 4.21, 4.22, 4.23 and
4.27.
6.24.010 Conditions of animal ownership.
Animal owners or keepers must comply with the following conditions of animal ownership,
and the animal regulation officer, as a condition of licensing, may require such owners or keepers
to sign permit or license applications agreeing to comply with such conditions:
A. Animals shall be restrained or confined as required by law.
B. Animals shall be humanely treated at all times.
C. Animals shall be provided food, water and shelter at all times and protection from the
weather
D. Animals shall be provided adequate routine veterinary care.
E. Animals shall be provided veterinary care for injuries and/or medical conditions
F. Animals shall not go without proper care when injured for more than 12-hours from time
of injury.
G. Vaccinations, licenses, and permits shall be obtained as required by law.
H. Animal premises shall be kept sanitary and shall not constitute afly-breeding reservoir, a
source of offensive odors or of human or animal disease.
L Animal premises shall be kept sanitary and free of any feces at all times.
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J. Animals and animal premises shall not be permitted to disturb the peace or constitute a
public nuisance or hazard. (Ord. 1706 § 1, 1976.)
6.24.020 Running at large prohibited.
It is unlawful for anyperson owning, having interest in, harboring or having the care,
charge, custody, control or possession of a dog to suffer, allow or permit such dog to:
A. Be upon any public street, alley, park or other public place in the City, including public
or private school grounds in the City, unless such dog is restrained by a chain, line or leash
and is in the custody of some competent person, or unless such dog is confined within a
motor vehicle;
B. Be on premises of a person other than owner, possessor or keeper without consent, or in
or upon a vehicle without the consent of the vehicle owner. (Ord. 1706 § 1, 1976.)
6.24.030 Restraint oS dogs by owner.
Dog owners or persons having care or custody of dogs shall at all times keep their dogs on a
leash or within an enclosed area on their own property or the private property of another, with the
permission of the owner of that property, so as to prevent them from being at large or stray, from
biting or harassing any person engaged in a lawful act, from interfering with the use of public
property or with the use of another person's private property, and from being in violation of other
sections of this Code. However, dogs may be at large while participating in field trials and
obedience classes organized and sanctioned by recognized dog clubs, while assisting their owner or
trainer in legal hunting or in the herding of livestock, while assisting a peace officer engaged in law
enforcement duties, or while being trained for the above purposes on private land with the
permission of the land owner, so long as such dogs are under direct and effective sound or gesture
control, within sight of such individuals to assure that they do not violate any other provisions of
law. (Ord. 1706 § 1, 1976.)
6.24.040 Barking dog.
Barking dog citation -general: (a) Any Enforcement Officer has the authority to issue a
civil citation to any Responsible Person for a bazking dog violation that the Enforcement Officer
did not see or heaz occur based on a complaint, signed under penalty of perjury, lodged by two
members of the community who have been disturbed by the bazking dog. A Responsible Person to
whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described
in the barking dog citation when due. Where the Responsible Person is a minor under the age of
eighteen (18) years, the minor's parents or legal guardian shall be liable for and held responsible
for payment of their minor child's citation fines and/or late penalties. In any case, the Responsible
Person (by his/her parents when the Responsible Person is under the age of eighteen) shall have the
right to appeal the issuance of the citation pursuant to the provisions of this subarticle.
There may be more than one person responsible for a barking dog violation. A "Responsible
Person" is defined as any one of the following:
A person who allows a barking dog violation to exist, whether through willful action, failure
to act, or failure to exercise proper control over a barking dog.
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A person whose agent, employee, or independent contractor allows a barking dog violation
to exist, whether through willful action, failure to act, or failure to exercise proper control
over a barking dog.
A person who is the owner of, and a person who is a lessee or sublessee with the current
right of possession of, real property in or upon which a barking dog violation occurs.
Chula Vista Animal Care recommends that neighbors make an attempt to resolve the
problem with the nuisance animal owner or other responsible person prior to filing a formal
complaint. Sometimes the Responsible Person is unaware of the noise and grateful for the
opportunity to address the issue. If a formal complaint is submitted, Chula Vista Animal Care will
attempt contact with the Responsible Person in an effort to help in the resolution of the reported
problem.
This information is intended to clearly explain both the role of Chula Vista Animal
Care Facility (CVACF) and the Complainant's role in the resolution of the problem. The
complainant must complete the complaint form in its entirety and mail to Chula Vista Animal Care
Facility at 130 Beyer Way, Chula Vista, CA. 91911. To expedite the process, you may hand deliver
the completed form to Chula Vista Animal Care Facility.
The entire civil citation process for a Barking Dog Complaint Procedure is as follows:
The Complainant initiates a complaint in writing by submitting a completed Barking Dog
Complaint Form to CVACF. Once the complaint has been processed, an Animal Control
Officer shall attempt to contact the Responsible Person to explain the civil citation
procedure and try to help resolve the situation.
The Responsible Person is given ten (10) days to resolve the situation. If the situation still
exists, the complainant may file a second complaint with CVACF through the Dispatch
Center at (619) 476-2476. If CVACF is not contacted within a reasonable time (as
determined by CVACF) of the initial contact of the responsible party, the complaint will
expire. Once the Complainant requests further action on a second complaint, the Animal
Control Officer shall initiate the issuance of a civil citation.
The purpose of issuing a civil citation is to encourage voluntary and complete compliance
with the City Code to eliminate barking dog nuisances for the protection and benefit of the
entire community. The issuance of a civil citation is solely at the City's discretion and is
one option the City has to address barking dog violations.
If the Complainant requests to have a civil citation issued, an Animal Control Officer shall
respond to the complainant's residence.
Before a citation will be issued, the Complainant is required to sign an affidavit under
penalty of perjury that the barking dog has disturbed him/her, and the dog is a nuisance as
defined by the definition of a barking dog.
The Complainant shall be advised of the necessity of attending the administrative hearing if
the responsible person contests the citation. If the Complainant does not attend the
scheduled hearing, the citation shall be dismissed in favor of the Responsible Person.
The Animal Control Officer shall then attempt to contact the Responsible Person. The
Responsible Person shall be advised of the second complaint and the request for a civil
citation. The Animal Control Officer shall advise the Responsible Person of the option of
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paying the fine and abating the nuisance or contesting the citation at the administrative
hearing. The Responsible Person may opt to pay the fine immediately to the Animal Control
Officer on scene.
If after there has been no contact made with the Responsible Person, the Animal Control
Officer may post the citation in a conspicuous place on the Responsible Person's
property.
The Responsible Person must pay the fine within fifteen (15) days or contest the citation at
the administrative hearing. If the Responsible Person does not appear at the administrative
hearing the fine will become due and payable. Payment of the fine shall not excuse the
violator from correcting the bazking dog violation.
This civil citation procedure only applies to the nuisance (barking) of a dog.
6.24.050 Disturbing the peace prohibited.
No person shall own or harbor an animal in such a manner that the peace and quiet of the
public is unreasonably disturbed. The written affirmation by two persons, having separate
residences, that the violation of CVMC 6.24.010(D) and (E), 6.24.030, 6.24.050 and 6.24.080
disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this
Section. The keeping or maintenance, or the permitting to be kept or maintained, on any premises
owned, occupied, or controlled by any person, of any animal or fowl which, by frequent or long-
continued noise, causes unreasonable annoyance or discomfort to any person of normal sensitivity
in the vicinity shall constitute a violation of this Section; provided, however, that nothing contained
herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat
hospitals, humane societies, shelters, farm and/or agricultural facilities, or azeas where the keeping
of animals or fowls is permitted. The destruction by an animal of property other than that which
belongs to the owner of said animal shall be prima facie evidence of a violation of this Section.
(Ord. 1706 § 1, 1976.)
6.24.060: Nuisance.
A. "No person shall keep, maintain, or permit, either willfully or through failure to control,
on any lot, pazcel of land, or premises under his control any animal which by sound or cry shall
disturb the peace and comfort of the inhabitants of the neighborhood or interfere with any person in
the reasonable and comfortable enjoyment of life or property except noise on property used for
agricultural purposes which is normally associated with animals on property used for such
purposes."
B. The process for the Nuisance Complaint Procedure is as follows:
The reporting party initiates the first complaint by mailing in the completed Nuisance
Complaint Form. If the owner's animal is not currently licensed, an Animal Control Officer
will contact the owner in person. If the animal is licensed, a postcard notifying the owner of
the complaint is sent.
If after ten (10) days the nuisance violation continues, the complainant must file a second
complaint with CVACF through Dispatch Center. If CVACF is not contacted within
ninety (90) days of the initial complaint, the file will be purged. Upon second complaint, the
dog owner is given fourteen (14) days to resolve the violation.
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If the situation still exists after the fourteen (14)day period, the complainant must file a
third complaint with CVACF through Dispatch Center. At the third complaint, the
complainant will be mailed a Nuisance Statement Form, including a sample statement form
and directions for completion of the form. This completed form, when returned to CVACF,
is used to document the history of the situation.
Once the Nuisance Statement Form is received, CVACF will issue a Notice to Abate (final
warning) to the nuisance animal owner. After this notice is hand delivered to the owner by
an Animal Control Officer, the owner is given fifteen (15) days to remedy the nuisance
violation.
If the problem remains unsolved after the fifteen (15) days, the complainant must again
contact Animal Care Facility and request a petition packet (legal evidence). The
complainant then has forty-five (45) days to complete the packet and return it to CVACF.
Once all information is received, reviewed and deemed complete, CVACF will forward it to
the City Attorney with a request for a criminal complaint. The action taken by the City
Attorney will be based upon the information that is supplied by the complaining party.
6.24.070 Curbing Dogs.
No person shall allow a dog in his custody to defecate or to urinate on public property or
any improved private property other than that of the owner or person having control of the dog. 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. Unsighted persons while relying on a guide dog shall be exempt from this
Section. If a violation of the above occurs, such persons shall immediately remove any feces to a
proper receptacle. (Ord. 1706 § 1, 1976.)
6.24.080 Female dogs in season.
Dog owners shall securely confine their female dogs while in season within an enclosure in
a manner that will prevent the amaction of male dogs to the immediate vicinity. (Ord. 1706 § 1,
1976.)
6.24.090 Inhumane treatment and abandonment.
No person shall treat an animal in a cruel or inhumane manner or willingly or negligently
cause or permit any animal to suffer unnecessary torture or pain. No person shall abandon any
domestic animal without care on any public or private property. (Ord. 1706 § 2, 1976.)
6.24.100 Guard dogs, dangerous dogs or potentially dangerous animals.
A. For the purpose of this Section, an animal shall be deemed dangerous if it clearly
demonstrates by its behavior a propensity to attack or bite a person or animal without provocation.
The dangerous character of a dog does not depend upon the dog having actually bitten any person
or animal, but may be determined by observation of its behavior. Further, a dog which has bitten
any person or animal is not necessarily deemed to be dangerous, dependent upon the circumstances,
such as the intrusion of persons into a confined space on private property, the teasing of the dog, or
the cruel treatment of the dog. A dog shall not be deemed to be vicious who acts in protection or in
defense of persons or of private property, if properly confined within an enclosure on the premises
of the owner or custodian of the animal, which enclosure is violated by any person or animal. Dog<
which are specifically maintained for guard dogs or protective purposes must be licensed with the
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City, showing such special guazd or protective use. The owner or custodian of such an animal must
stipulate that the premises wherein the animal is maintained aze designed and constructed in such a
manner as to protect all persons in the surrounding area and persons who may come upon the
premises for ordinary and legitimate purposes as well as from children who may, for any reason, be
attracted to the premises. In the event that such dog does bite any person or animal, the quarantine
provisions of CVMC 6.28.060 shall be applicable.
B. It shall be unlawful for the owner, custodian or person having control of a guard dog,
dangerous dog, or potentially dangerous animal to fail to exercise ordinary care over the animal that
results in the animal causing injury to a person engaged in lawful activity.
C. This Section shall not apply to an animal that is being used by the military or law
enforcement while the animal is performing in that capacity.
6.24.110 Proceedings to declare a dog a dangerous dog.
A. Whenever the City has reasonable cause to believe that a dog is a dangerous dog, it may
commence proceedings to declare the dog a dangerous dog as follows:
1. The City shall serve on the owner or custodian a notice of intent to declare the dog a
dangerous dog.
2. The notice shall inform the dog's owner or custodian of all of the following:
(a) The City's authority to declare a dog a dangerous dog.
(b) Each incident that forms the basis for the City's proposed action.
(c) The owner orcustodian's right to request a heazing to contest whether grounds
exist for the City's proposed declaration:
(d) The potential consequences if the City issues a declaration declaring the dog a
dangerous dog.
(e) That a request for a hearing must be in writing and must be received by the City
within ten (10) days from the date of notice.
(f) Failure to request a hearing or failure to attend or be represented at a scheduled
hearing shall satisfy the City's obligation to provide a heazing and shall result in the
City issuing a declaration that the dog is a declared dangerous dog.
(g) A finding at the hearing that the dog meets the definition of a dangerous dog as
prescribed by Section 6.01 N, shall result in the City declaring the dog a dangerous
dog. A declared dangerous dog designation shall remain in effect for the dog's
lifetime.
B. When the City determines it is necessary to immediately impound a dog to preserve the
public health and safety or the safety of an animal, before the City follows the procedures in
subsection A above, the City may impound a dog before issuing the declaration declaring the dog a
dangerous dog. In that case, with the notice required by subsection A. the City shall include the
reasons why immediate impoundment was necessary.
6.24.120 Impoundment, abatement and restrictions on dangerous dogs.
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A. The City may impound or abate any declared dangerous dog whenever the City
determines that impoundment or abatement is necessary to protect the public health and safety or
the safety of an anima].
B. When the City determines abatement is necessary, the City may destroy the dog or
impose conditions on the dog's owner or custodian, as a prerequisite for the dog's owner or
custodian continuing to keep the dog. The City may modify the conditions depending on a change
in circumstances. It shall be unlawful for a person to fail to comply with a condition the City
imposes under this Section.
C. The City may impose one or more of the following conditions on a dog owner or
custodian for a declared dangerous dog:
1. A requirement that the owner or custodian obtain and maintain liability insurance from an
insurer licensed to transact insurance business in the State of California with coverage
amounts that complies with the requirements of this subsection. The insurance shall provide
liability insurance to the owner or custodian for any loss or injury that may result to any
person or property caused by the dog. The insurance shall provide coverage for the owner or
custodian in an amount of not less than $500,000 per occurrence, combined single limit for
bodily injury and property damage. The owner or custodian shall furnish a certificate of
insurance to the City and notify the City by registered mail within 10 days of receiving
notice from the insurance company that the policy has been cancelled or will not be
renewed. The insurance certificate shall provide the following information:
(a) The full name and address of the insurer.
(b) The name and address of the insured.
(c) The insurance policy number.
(d) The type and limits of coverage.
(e) The effective dates of the coverage.
(f) The certificate issue date.
2. Requirements as to the design, specifications, materials and other components of the
dog's enclosure.
3. Requirements as to the type of residence where the dog shall be maintained.
4. Requirements as to the type and method of restraint or muzzling the owner or custodian
shall employ when the dog is not within its approved enclosure.
5. Requirements for photo identification, microchip implantation or permanent marking of
the dog for purposes of identification..
6. A requirement that the owner or custodian obtain and maintain a dangerous dog
registration in addition to the license required under Section 6.20
7. A requirement to alter the dog.
8. A requirement that the dog's owner or custodian allow the City or any other law
enforcement agency, to inspect the dog and its enclosure.
9. A requirement that the dog's owner or custodian provide the City with proof satisfactory
to the City thatthe owner or custodian is complying with all the requirements of this
Section.
10. A requirement that the dog's owner or custodian agrees to surrender the dog to the City
on demand.
1 I . A requirement that the dog not be allowed to work as guard dog, attack dog or sentry
dog.
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12. Any other requirement the City determines is necessary to protect the public health and
safety or the safety of an animal from the actions of a declared dangerous dog.
13. A requirement that the owner or custodian pay the City fees to recover the City's costs to
enforce and to verify compliance with this Section.
D. The City shall provide a dog's owner or custodian with written notice at ]east ten (10)
days before impounding or abating a declared dangerous dog. The notice shall inform the owner or
custodian of the right to a hearing to contest whether grounds exist to impound or abate the dog. If
the owner or custodian requests a hearing under this Section the hearing may be held in conjunction
with the hearing pursuant to Section 6.24.110. If the dog's owner or custodian requests a hearing
before the dog is impounded or abated the City shall not impound or abate the dog until the hearing
is concluded unless there is a need for immediate action as provided in subsection 6.24.120 A.
E. A dog's owner or custodian who receives a notice under subsection D may request a
hearing to contest the City's determination to impound or abate a dangerous dog. The owner or
custodian's request shall be in writing and shall be received by the City within 10 days of the date
of the notice.
F. When the City determines it is necessary to immediately impound a dog to preserve the
public health and safety or the safety of an animal, or if a dog has already been impounded under
another provision of law, no pre-impoundment hearing shall be held. In that case, the City shall
provide the dog's owner or custodian with written notice allowing ten (10) days from the date of the
notice to request a hearing to contest the abatement of the dog. The hearing request shall be in
writing and shall be received by the City within the specified time period. If the owner or custodian
requests a heazing, the dog shall not be disposed of until the hearing requirements aze satisfied.
Once the heazing procedures enumerated in Section 6.24.110 have been completed and there is a
final decision that grounds exist to impound or abate a dog or the owner or custodian fails to
request a heazing or attend or be represented at a scheduled hearing, the City may impound or abate
the dog.
G. The owner or custodian of a declared dangerous dog, who intends to change the
ownership, custody or residence of the dog, shall provide at least fifteen (15) days advance written
notice to the City of the proposed change. The notice shall identify the dog and provide the name,
address and telephone number of the proposed new owner or custodian.
or the proposed new residence. The City may prohibit the proposed change when the City has
reasonable grounds to believe thafthe change would be harmful to the public health and safety or
the safety of an animal, by issuing a written order to the owner or custodian. No person shall fail to
comply with an order the City issues under this subsection.
H. An owner or custodian who transfers ownership or custody shall provide written notice
to a new owner or custodian that the dog is a declared dangerous dog and the conditions the City
imposed pursuant to subsection B. The owner or custodian shall obtain a written acknowledgment
signed and dated by the new owner or custodian, acknowledging receipt of the notice and
acceptance of the conditions the City imposed. The owner or custodian shall provide the City with
a copy of the notice and the signed acknowledgment from the new owner or custodian.
L If a declared dangerous dog dies, the owner or custodian shall notify the City no later than
24-hours after the dog's death. The owner or custodian shall produce the dog's remains when
requested by the City.
J. If a declared dangerous dog escapes, the owner or custodian shall immediately notify the
City of the escape and make every reasonable effort to recapture it. The owner shall also notify the
City within 24-hours of the dog's recapture.
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K. The owner, custodian or person in possession of a declared dangerous dog shall keep the
dog restrained, confined or muzzled as appropriate for the circumstances,
to prevent the dog from biting, attacking or otherwise causing injury to another.
L. The City's authority to act under this Section is independent of any pending or resolved
criminal prosecution, no matter what stage in the proceeding or the result in that case.
6.24.130 Entering food establishments prohibited.
It is unlawful for any person owning, having an interest in, harboring or having the care,
charge, control, custody or possession of any dog to suffer, allow or permit such dog to enter any
restaurant, grocery store, milk depot, fruit or vegetable mazket, meat market, or any other place of
business in the City where food or foodstuffs of any character used for human consumption is
manufactured, sold, served or handled; provided, however, that this shall not apply to seeing-eye
dogs. (Ord. 1706 § 1, 1976.)
6.24.140 Complaints.
Upon receiving a complaint from an identified person alleging a violation of this Chapter,
and upon receiving the name and address of the owner of the animal, if known, an investigation to
determine whether a violation exists shall be made. If the investigation discloses a violation of this
Chapter, prosecution may be initiated against the owner. Complainants' identities shall be kept
confidential to the extent permitted by law. (Ord. 1706 § 2, 1976.)
6.24.150 Presumption of responsibility for violation.
In any prosecution involving an animal, charging a violation of any provision referred to in
CVMC 6.24.160, proof by the people of the State of California that the particular animal described
in the complaint was found in violation of any provision of said sections, together with proof that
the defendant named in the complaint was at the time of the alleged violation the owner of the
animal, shall constitute prima facie evidence that the owner of the animal was the person
responsible for the violation of said provisions involving said animal. However, for the purposes of
this Section, proof that a person is the owner of said animal is not prima facie evidence that he has
violated any other provisions of law. (Ord. 1706 § 2, 1976.)
6.24.160 Enforcement provisions.
The animal regulation officer, each agent or deputy thereof who is assigned to duties which
include the enforcement of animal regulation laws, and any peace officer are responsible for
enforcing the provisions of this Chapter and the following provisions of state law, each of which is
incorporated by this reference:
A. California Administrative Code: Title 17, section 2606 to 2606.8;
B. Food and Agricultural Code:
1. Article 1 (commencing with Section 17001) and Article 2 (commencing with
section 17041) of Chapter 7, Division 9, Part 1,
2. Section 17121;
C. Health and Safety Code:
1. Chapter 3 (commencing with section 1900) of Division 3,
2. Chapter 13 (commencing with section 25970) of Division 20;
D. Penal Code section 148;
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E. Any penal law of the State of California relating to or affecting animals. (Ord. 1706 § 2,
1976.)
6.24.170 Violation declared a public nuisance.
The introduction, possession or maintenance of any animal, or the allowing of any animal to
be in contravention of this Chapter is, in addition to being a misdemeanor, hereby declazed to be a
public nuisance. The animal regulation officers and police officers of the City are hereby
authorized, directed and empowered to summarily abate any such public nuisance by any means
reasonably necessary, including, but not limited to, the destruction of the animal or animals
involved. (Ord. 1706 § 2, 1976.)
6.24.180 Designated violations- Misdemeanors and infractions.
A. Any person convicted of an infraction under the provisions of this Code, unless provision
is otherwise made in this Code, is punishable by fine only as follows:
1. A fine not exceeding one-hundred-fifty dollars for a first violation;
2. A fine not exceeding two-hundred-fifty dollars for a second violation of the same
ordinance within one year;
3. A fine not exceeding five-hundred dollars for each additional violation of the
same ordinance within one year.
B. Each such person shall be charged with a separate offense for each and every day during
any portion of which a violation of any provision of this Code is committed, continued or permitted by
such person, and shall, upon conviction, be punished accordingly.
C. In addition to the penalties provided in this Section, any condition caused or
permitted to exist in violation of any of the provisions of this Code shall be deemed a public
nuisance, and maybe summazily abated as such by this City; and each day that such condition
continues shall be regarded as a new and separate offense.
D. A violation of this Code may be subject to an administrative citation.
6.24.190 Harboring of strays.
No person shall harbor or keep any lost or stray dog for a longer period than 24-hours. Any person
finding a lost or stray dog shall forthwith notify the animal sheltet and turn it over to them. (Ord.
1706 § 2, 1976.)
Chapter 6.26
ANIMALS IN VEHICLES
Sections:
6.26.010 Transportation of animals.
6.26.020 Animals in unattended vehicles.
6.26.010 Transportation of animals.
No person shall transport or carry, on any public highway or public roadway, any animal in
a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cab or
container, secured cage, cross-tether, harness or other device that will prevent the. animal from
falling from, being thrown from, or jumping from the motor vehicle. (Ord. 2165 § 1, 1986.)
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6.26.020 Animals in unattended vehicles.
No person shall leave an animal in any unattended vehicle without adequate water and
ventilation or in such a manner as to subject the animal to conditions that can adversely affect the
animal's health or welfare. (Ord. 2165 § 1, 1986.)
Chapter 6.28
RABIES CONTROL*
Sections:
6.28.010 Dog defined.
6.28.020 Vaccination -Required -Term.
6.28.030 Repealed.
6.28.040 Unvaccinated dogs prohibited when.
6.28.050 Vaccination -Exemptions permitted when.
6.28.060 Biting dog to be isolated when - Payment of expenses.
6.28.070 Duty to report animal suspected of having rabies.
6.28.080 Animals bitten by rabid animal -Quarantine or destruction required.
6.28.090 Enforcement and inspection.
6.28.100 Duty to report animal bites.
For statutory provisions regarding rabies control, see Health and Safety Code § 1900, et seq.
CROSS REFERENCE: For provisions regazding restraining dogs, see Ch. 6.24 CVMC.
6.28.010 Dog defined.
Repealed by Ordinance
6.28.020 Vaccination -Required -Term.
It is unlawful for any person owning, having an interest in, harboring or having the care,
charge, custody, control or possession of a dog to suffer, allow or permit such dog to go upon the
public streets, alleys, parks and public places in the City, unless such dog has been vaccinated for
rabies at intervals of not less than every twelve (12) months, unless the City Manager or his or her
designee of the City establishes by regulation a longer interval of time for such repeated
vaccinations, the authority to do which is hereby conferred on him. (Prior code § 4.25.)
6.28.030 Vaccination -Obtainable where -Fee.
Repealed by Ord. 2506 § 2, 1992. (Ord. 978 § 1, 1966; Ord. 968 § I, 1966; prior code §
4.26.)
6.28.040 Unvaccinated dogs prohibited when.
Except for a dog which has been exempted by this Chapter from the requirements of
vaccination, for the reason that it is less than four (4) months of age, or that the provisions of the
following section have been complied with, it is unlawful for any person to keep, hazbor or
maintain any dog in the City, unless such dog has been vaccinated in accordance with the
provisions of this Chapter. (Prior code § 4.28.)
6.28.050 Vaccination -Exemptions permitted when.
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Notwithstanding any other provisions of this Code, a dog need not be vaccinated for rabies
if a licensed veterinarian has examined the dog and certified that at such time vaccination would
endanger the dog's health because of its age, infirmity, debility or other physiological consideration,
and such certificate is presented to the City Animal Care Facility Manager within thirty (30) days
of such examination and he concurs in the opinion of the veterinarian contained in such certificate
and endorses on such certificate his approval. The City Animal Care Facility Manager is authorized
to accept such endorsed certificates and statements in lieu of the proof of vaccination required by
this title. The certificate of the veterinazian must bear the date of issuance and must be renewed
each yeaz. (Prior code § 4.28.1.)
6.28.060 Biting dog to be isolated when -Payment of expenses.
If any dog shall bite any person or animal within the City, the owner or person having
control of such dog shall, upon request of the City Animal Caze Facility Manager, Animal Control
Officer, Safety Officer, or any peace officer, deliver such dog to such officer to be isolated for ten
(10) days, for the purpose of determining whether or not such dog is afflicted with rabies, and the
owner or person having control of such dog shall pay all the expenses of the keeping of such dog
during the time the dog shall be so isolated. (Prior code § 4.29.)
6.28.070 Duty to report animal suspected of having rabies.
Whenever the owner or person having the custody of an animal shall observe or learn that
such animal has shown symptoms of rabies, or is acting in a manner which would lead to the belief
that such animal might have rabies, such owner or person having the custody or possession of such
animal shall immediately notify the City Animal Care Facility Manager, and such person shall
allow the City Animal Care Facility Manager or any peace officer of the City to make an inspection
or examination of such animal until it shall be established to the satisfaction of the City Anima]
Care Facility Manager that such animal has or has not rabies. (Prior code § 4.30.)
6.28.080 Animals bitten by rabid animal - Quarantine or destruction required.
Whenever any animal shall be bitten by another animal having rabies, the owner or person
having the custody, possession, or control of the animal so bitten shall, upon being informed
thereof, either kill such animal or quarantine it and keep it tied up for a period of six months, and
the City Animal Care Facility Manager or the Chief of Police or other peace officer of the City
shall have the power to kill or destroy or quarantine the animal so bitten in case the owner or
person having the custody, control or possession thereof shall fail to do so immediately, or in the
event the owner or person having the care, custody or control of such animal is not readily
accessible. (Prior code § 4.31.)
6.28.090 Enforcement and inspection.
All proper officials of the City are hereby authorized to examine and enter upon all private
premises for the enforcement of this Chapter, in accord with the right-of--entry provisions set forth
in CVMC 1.16.010. (Prior code § 4.32.)
6.28.100 Duty to report animal bites.
A. All persons bitten and the pazents or guardians of minor children bitten by any animal,
including but not limited to dogs, cats, skunks, foxes, bats, coyotes, bobcats, or any other animal of
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a species subject to rabies shall notify the City Animal Care Facility Manager, Animal Control
Officer, Safety Officer, or any peace officer as soon as possible thereafter. Physicians treating such
bites and other persons having the knowledge of such bites shall also be required to make such
notification.
B. Any person owning or having custody or control of any animal of a species subject to
rabies which bites a person, shall notify the City Animal Caze Facility Manager, Animal Control
Officer, Safety Officer, or any peace officer as soon as possible thereafter. Any person who
violates any provision of this subsection is guilty of a misdemeanor.
Chapter 6.30
ANIMAL SALES
Sections:
6.30.010 Sale of animals, birds, or reptiles on public property or on private property open to
the public prohibited.
6.30.020 Exceptions.
6.30.030 Sale of live animals on any street, highway, public right-of--way, parking lot,
carnival or boardwalk.
6.03.040 Pet housing requirements for pet sellers.
6.30.010 Sale of animals, birds, or reptiles on public property or on private property open to
the public prohibited.
It is unlawful to give away, offer for sale, sell, exchange, or transfer for any form of
consideration, or for no consideration, any animal, bird, or reptile on public property or on private
property open to the public, including, but not limited to, areas in front of stores, commercial
shopping areas, commercial park areas, swap meets, and auctions. (Ord. 3052 § 1, 2006.)
6.30.020 Exceptions.
CVMC 6.30.010 shall not apply to:
A. Any legally recognized nonprofit charitable organization that provides or contracts to
provide services as a public animal sheltering agency.
B. Any legally operated business that sells animals, birds, or reptiles in its normal course of
business.
C. Any nonprofit animal rescue or adoption organization.
D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public property or
on private property open to the public that is authorized by federal or State law. (Ord. 3052 § 1,
2006.)
6.30.030 Sale of live animals on any street, highway, public right-of-way, parking lot, carnival
or boardwalk.
It is unlawful for any person to willfully sell, display for sale, offer for sale, or give away as
part of a commercial transaction live animals on any street, highway, public right-of--way, parking
lot, carnival or boardwalk.
6.30.040 Pet housing requirements for pet sellers.
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Pet sellers who house dogs and cats for sale in the City of Chula Vista must comply with the
following sections:
6.08.100 A-D, G-J and L-M, 6.08.101, 6.08.102, 6.08.103, 6.08.107, 6.08.111, 6.08.120
and 6.08.130
Chapter 6.32
MICROCHIPPING
6.32 Microchipping. Dogs and cats impounded at the Chula Vista Animal Care facility must be
microchipped before release to their owners.
6.33 Generally.
6.33.010 Severability. If any provision or clause of this Chapter or application thereof is
held invalid, such invalidity shall not offset 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 declared to be severable.
6.33.020 Construction of chapter. Nothing in this Chapter shall be construed as
authorizing the keeping or maintaining of any animal that is otherwise prohibited or restricted by
any law, regulation, or permit requirement.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
SECTION III: The City Clerk is directed to publish this ordinance in accordance with the City
Charter and applicable state law.
Presented by
Mariya Anton
Animal Care Facility Manager
Approved as to form by
len oogins
City Attorney .~
i' ~-~
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