HomeMy WebLinkAboutOrd 2012-3226ORDINANCE NO. 3226
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WHEREAS, much of Title 6 is out of date with respect to correct State of California laws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 care 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
6.33 Generally
Ordinance No. 3226
Page 2
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 lazge" 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
animal or a person is not actually controlling an animal attached to the leash, the animal
is "at lazge";
3. In a place or manner that presents a substantial risk of imminent interference with
animal or public health, safety or welfaze;
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. "Bazking 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, regazdless of
whether the dog is physically situated in or upon private property. Such extended period
of time shall consist of incessant bazking 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 in or
upon which the dog is situated, or when the dog is being teased or provoked.
H. "Bite" means an action by an animal 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;
Ordinance No. 3226
Page 3
N. "Dangerous dog" means a dog that has attacked, 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 and/or 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 hearing, (2) that a dog's owner has
stipulated is a dangerous dog or (3) that another jurisdiction has declazed 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. "Guard 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, guazd or sentry dog, or other person, that
operates or maintains a business to sell, rent, or train an attack, guazd or sentry dog;
U. "Guard dog premises" means a place where a guard 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 veterinazian 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 hazbors an animal or a
person who takes possession of an animal after claiming to be the owner;
Ordinance No. 3226
Page 4
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 called 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 declazed 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;
IL "Primazy 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 azea, cage or
compartment;
JJ. "Protection dog" means any attack trained dog; any dog trained to guazd, protect, patrol, or
defend any premises, azea or yazd; or any dog trained to protect, defend, or guazd 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. "Service Animal" means any dog that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not
service animals for the purposes of this definition.
00. "Stray" means an animal that is "at large";
PP. "Spayed" means a female animal whose ovaries and uterus have been surgically removed;
QQ. "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 teaz, 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;
RR. "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.
SS. "Veterinarian" means a person currently licensed to practice veterinary medicine in the
United States;
TT. "Vicious dog" has the same meaning as the term "vicious dog" in Food and Agriculture
Code section 31603.
UU. "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.
Ordinance No. 3226
Page 5
Chapter 6.02
KEEPING ANIMALS -
REGULATIONSGENERALLY
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 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 azrest. (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 Pazakeets 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
Ordinance No. 3226
Page 6
* 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.
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 squaze feet, or two (2) horses on a single tract of land having a minimum
of 20,000 squaze 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 squaze feet.
C. Any animals kept as hereinabove provided which aze responsible for obnoxious odors,
objectionable noise, unusual amounts of flies or unsanitary conditions which affect the peace and
welfaze of the immediate neighborhood aze 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) pazakeets or similaz 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 squaze 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 squaze 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 squaze 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 lazger: 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).)
Ordinance No. 3226
Page 7
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 aze animals over six (6) months
in age.
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 minimum of fifty (50) feet from
any other dwelling when housed in a hutch or similaz enclosure in a yazd.
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
area thereafter annexed to the City, such keeping may, without enlargement, be continued for a
period not to exceed three (3) yeazs after date of annexation of the area 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, cougar,
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), irrespective of its actual or asserted state of docility, tameness or domesticity. Such
an animal shall be referred to as a "wild animal." In addition, the owner of any boa or python
species (Family Boidae) attaining an adult weight of over fifteen (15) pounds or an overall length
of over three and one half (3 ''/z) feet, and the owner of any monitor lizard species (Family
Vazanidae) that attain an adult weight of over ten (]0) pounds or an adult overall length over
three (3) feet, shall keep these animals in cages or enclosures of such size and construction as to
preclude the possibility of escape and at the same time permit the animals reasonable freedom of
movement. If these animals are maintained in such a manner, and the owner complies with all
federal, state and local laws or regulations affecting such animals, it will not be considered a
"wild animal" subject to this Section. However, any failure to maintain a boa or python or
monitor lizard species in the above manner could subject the owner to a dangerous animal
abatement proceeding as authorized by this Chapter.
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 non-venomous reptiles
commonly used for educational or experimental purposes or for pets.
Ordinance No. 3226
Page 8
This Section shall not apply to legally operated zoos or circuses or to recognized
institutions of leazning or scientific research unless the City Manager or his or 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 particular
hazazd connected with the animal or animals involved, the public health and welfaze 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, 1978; Ord. 1585 § 1, 1974; Ord. 1514 § 1,
1974; Ord. 774 § 1, 1961; prior code § 4.1(F).)
6.04.080 Rabbits, domestic 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 squaze 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).)
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 yazd, as defined by the zoning ordinance of the City, and shall be not less than fifty (50) feet
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 similaz 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 aze 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 reseazch 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 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 unsanitazy condition, and shall at all times be free from offensive odors.
Ordinance No. 3226
Page 9
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 aze kept shall be smooth and tight
and be maintained to prevent an accumulation of filth and water or hazboring 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 aze 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.
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 § 1, 1961; prior code § 4.7.)
6.04.121 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, 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.
Ordinance No. 3226
Page 10
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 -
Care of pets and pet foods.
6.08.110 Kennels, catteries and pet shops -
Sanitary conditions required.
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).)
Ordinance No. 3226
Page 11
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 yeaz, but all permits granted hereunder shall expire on the thirty-
first (315`)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 § 1, 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 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, 1961; 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 -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.
All 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 azea, the animals
shall beheld 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:
Ordinance No. 3226
Page 12
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 sanitazy 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 cazetakers 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 veterinarian has restricted an
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 aze 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 10 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:
Ordinance No. 3226
Page 13
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. Lazge enough to allow each anima] housed in the enclosure to obtain adequate
exercise. A sepazate house that an animal uses as sleeping quarters shall provide sufficient space
to allow each animal in the house to turn about freely, stand easily and sit or lie in a comfortable
position. It is unlawful to keep an animal in a primary 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 primazy 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.
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 primazy enclosure shall not house the dog in a kennel house
for more than 12-hours in any 24-hour period.
E. A primary enclosure or kennel house of a kennel shall meet the minimum space
requirements in Table 6.08.103.
Ordinance No. 3226
Page 14
TABLE 6.08.103
MINIMUM SPACE REQUIREMENTS
PRIMARY ENCLOSURE KENNEL HOUSE
WEIGHT OF
DOGSIN
POUNDS PRIMARY
WIDTH SQ
FOOTAGE WIDTH SQ
FOOTAGE
U 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
E If a primary enclosure or kennel house contains more than one (1) dog, the minimum
squaze feet required is the sum of the squaze feet requirements for each individual dog kept in the
primazy 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
standazds 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 primazy 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.
D. No dog shall be housed in the same primazy enclosure with a cat and no dog or cat
shall be housed in the same primazy 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 year 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.
Ordinance No. 3226
Page 15
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 are 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 declazed 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 necessazy to preserve or protect an
animal or public health, safety or welfaze, 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 aze 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 Caze
Facility 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 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 bazking excessively, or to a degree that annoys the
immediate neighborhood, is hereby declazed to be a public nuisance and may be summazily
abated by the City Manager or his or her designee. (Ord. 774 § 1, 1961; prior code § 4.8(L).)
Ordinance No. 3226
Page 16
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 Care
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 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 § 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 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, 1982; 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 her designee shall discover or be notified that any
animal or animals enumerated in CVMC 6.04.010 are rurming at lazge, grazing, pasturing,
injuring trees or staked or fastened in any manner 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 § 1, 1992; Ord. 1979 § 1, 1982; prior
code § 4.3.)
Ordinance No. 3226
Page 17
6.12.040 Impoundment -Fees and charges.
Standard fees charged by the City for impoundment and boarding of animals shall be
lawful chazges 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.)
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 Caze 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
Ordinance No. 3226
Page 18
(a) Upon relinquishment of a dog/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 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 -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 veterinazian, 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 laud 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 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 animal 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.)
Ordinance No. 3226
Page 19
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 aze confined to
kennels licensed pursuant to this Code. Any unlicensed dog, legally impounded in the City
animal caze 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, regazdless of such dog's
age or stay in the City.
Dog licenses may be procured for either one (1) or three (3) yeazs. 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.)
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 Caze 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 areas 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.
Ordinance No. 3226
Page 20
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 Caze 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 (I 1)
months beyond the beginning of the yeaz for which the license is issued, in the case of one-yeaz
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-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 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 City Animal
Care Facility Manager of proof of vaccination against rabies. The City Animal Caze 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, ] 983; 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.
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 Caze Facility Manager, and
postage prepaid, the postmazk, or if none, the postage meter imprint, shall be conclusive;
otherwise, the time of actual receipt by the City Animal Caze 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 collaz 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.
Ordinance No. 3226
Page 21
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
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 declazation under penalty of perjury on blanks famished 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 Caze
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
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 Guazd 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 declazed a public nuisance.
6.24.180 Designated violations -misdemeanors and infractions.
6.24.190 Harboring of strays
Ordinance No. 3226
Page 22
* For statutory authority for cities to seize and to impound dogs found running at large, see
Agric. Code § 31101.
CROSS REFERENCE: For provisions regazding 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 caze.
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 sanitazy and shall not constitute afly-breeding
reservoir, a source of offensive odors or of human or animal disease.
I. Animal premises shall be kept sanitary and free of any feces at all times.
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 any person owning, having interest in, harboring or having the caze,
charge, custody, control or possession of a dog to suffer, allow or permit such dog to:
A. Be upon any public street, alley, pazk 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 caze 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 hazassing 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.)
Ordinance No. 3226
Page 23
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 barking 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) yeazs, 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:
1. 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.
2. A person whose agent, employee, or independent contractor allows a bazking dog
violation to exist, whether through willful action, failure to act, or failure to exercise
proper control over a barking dog.
3. 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 Caze 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 cleazly 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 Caze 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.
Ordinance No. 3226
Page 24
• 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 voluntazy and complete compliance
with the City Code to eliminate bazking 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 bazking 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 heazing
if the responsible person contests the citation. If the Complainant does not attend the
scheduled heazing, 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
paying the fine and abating the nuisance or contesting the citation at the administrative
heazing. 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 barking dog violation.
This civil citation procedure only applies to the nuisance (bazking) of a dog.
6.24.050 Disturbing the peace prohibited.
No person shall own or hazbor 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 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 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.)
Ordinance No. 3226
Page 25
6.24.060: Nuisance.
A. "No person shall keep, maintain, or permit, either willfully or through failure to
control, on any lot, pazce] 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 5rst 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 postcazd 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.
• 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 wmplainant must again
contact Animal Caze 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 forwazd 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 mazmer that will prevent the attraction of male dogs to the immediate vicinity. (Ord. 1706 §
1, 1976.)
Ordinance No. 3226
Page 26
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 cleazly
demonstrates by its behavior a propensity to attack or bite a person or animal without
provocation. The dangerous chazacter 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. Dogs which are specifically maintained for guard
dogs or protective purposes must be licensed with the City, showing such special guard or
protective use. The owner or custodian of such an animal must stipulate that the premises
wherein the animal is maintained are designed and constructed in such a manner as to protect all
persons in the surrounding azea and persons who may come upon the premises for ordinazy 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 quazantine 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 or custodian's right to request a hearing to contest whether grounds
exist for the City's proposed declaration:
(d) The potential consequences if the City issues a declazation declaring the dog a
dangerous dog.
Ordinance No. 3226
Page 27
(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 hearing 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 declazed 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.
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 animal.
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.
Ordinance No. 3226
Page 28
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 that the 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.
11. A requirement that the dog not be allowed to work as guazd dog, attack dog or sentry
dog.
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 declazed 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 least ten (10)
days before impounding or abating a declared dangerous dog. The notice shall inform the owner
or custodian of the right to a heazing 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 heazing 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 hearing, the dog shall not be disposed of until the hearing requirements
are satisfied. Once the hearing 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 hearing or attend or be represented at a scheduled heazing, the City
may impound or abate the dog.
Ordinance No. 3226
Page 29
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 that the 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.
I. 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 declazed 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.
K. The owner, custodian or person in possession of a declazed 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 caze,
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 mazket, 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 service
animals. (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.)
Ordinance No. 3226
Page 30
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 particulaz 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;
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 declared to
be a public nuisance. The animal regulation officers and police officers of the City are hereby
authorized, directed and empowered to summazily 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 dollazs for a second violation of the
same ordinance within one yeaz;
3. A fine not exceeding five-hundred dollazs for each additional violation of the
same ordinance within one yeaz.
B. Each such person shall be charged with a sepazate 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.
Ordinance No. 3226
Page 31
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 may be summarily abated as such by this City; and each day that such condition
continues shall be regazded 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 shelter and tum it over to
them. (Ord. 1706 § 2, ] 976.)
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, 1486.)
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.
Ordinance No. 3226
Page 32
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, hazboring or having the care,
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 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 § 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 (4) months of age, 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 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 Caze 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 Caze 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 beaz 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 Caze 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 Animal Care Facility Manager that such animal has or has not rabies. (Prior code § 4.30.)
Ordinance No. 3226
Page 33
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 parents 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 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.
6.30.010 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, azeas in front of stores,
commercial shopping areas, commercial pazk areas, swap meets, and auctions. (Ord. 3052 § 1,
2006.)
Ordinance No. 3226
Page 34
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 boazdwalk.
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 IL• 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
n ~-
Maziya t n
Animal C Facility Manager
Approved as to form by
Glen R. Googins
~t Att ey
Ordinance No. 3226
Page 35
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of March 2012, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
/ /w q ~ ~/S~%~
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
~ '~
Cheryl Cox, a or
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3226 had its first reading at a regular meeting held on the 28th day of February
2012 and its second reading and adoption at a regular meeting of said City Council held on the
13th day of March 2012; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Date Donna R. Noms, CMC, City Clerk