HomeMy WebLinkAboutOrd 1976-1706 1
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ORDINANCE NO. 1706
� AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 6 . 24 OF THE CHULA VISTA MUNICIPAL CODE BY
AMENDING SECTIONS 6 .24. 010 THROUGA 6 .24, 060 AND
ADDING THERETO NEW SECTIONS 6 ,24.070 THROUGH
6. 24, 140, ALL RELATING TO�THE RESPONSIBILITIES
FOR MAINTENANCE AND OL4NERSHIP OF DOGS
The City Council of the City of Chula Vista does hereby
ordain as follows :
, SECTION I : That Sections 6. 24. 010 through 6 . 24. 060 of
the Chula Vista l�lunicipal Code be, and the same are hereby amended
to read as follows: � _ . .
Sec. 6 . 24 ,010 Conditions of Animal Ownership.
Animal owners or keepers must comply with the follow-
ing conditions of animal ownership, and the Animal Regu-
lation Officer may require as a condition of licensing
such owners or keepers to sign permit or license appli-
cations agreeing to comply with such conditions :
(a) Animals shall be restrained or confined as
required by law.
(b) Animals shall be humanely treated at all times .
'(c) Vaccinations, licenses, and permits shall be
obtained as required by law.
(d) Animal premises shall be kept sanitary and
shall not constitute a fly breeding reservoir, a
source of offensive odors or of human or animal
disease.
(e) Animals and animal premises shall not be per-
mitted to disturb the peace or constitute a public
nuisance or hazard.
Sec. 6. 24 .020 Running at Large Prohibited.
It is unlawful for any person, owning, having interest
in, harboring or having the care, charge, custody, control
or possession of a dog, to suffer, allow or permit such
� dog to:
A. Be upon any public street, alley, park or other
public place in the city including public or private
school grounds in the city, unless such dog is restrained
by a chain, line or leash and is in the custody of some
competent person, on unless such dog is confined within
a motor vehicle;
B. Be on premises of person other than owner, pos-
sessor or keeper without consent, or in or upon a vehicle
without consent of the vehicle owner.
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Sec. 6..24 .030 Restraint of Dogs by Owner.
Dog owners or persons having care or custody of dogs
shall at all times keep their dogs on a leash or within
an enclosed area on their own property or the private
property of another, with the permission of the owner
I o£ that property so as to prevent them from being at
large or stray, from biting or harassing any person
engaged in a lawful act, from interfering with the use
' of public property or with the use o£ 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
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 ocaner, 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.
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Sec. 6. 24. 040 Disturbing the Peace Prohibited.
No person shall own or harbor an animal in such a
manner that the peace and quiet of the public is un-
reasonably disturbed. The written affirmation by two
, persons, having separate residences, that violation of
Sections 6. 24. 010 (d) and (e) , 6. 24.030 , 6. 24. 050 and
6 . 24 . 080 of this Code disturbs the peace and quiet of
said persons shall be prima facie evidence of a vio-
lation 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 con-
tinued noise, shall cause 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 , pounds, farm and/or agricultural facilities ,
or areas where keeping of animals or fowls are 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.
� Sec. 6. 24.050 Committing Nuisance. . .. ,
No person shall allow a dog in his custody to
defecate or to urinate on public property or any
improved private property other than that of the
� owner or person having control of the dog. It shall
be the duty of all persons having control of a dog
to curb such dog in order to carry out the intent o£
• 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
II immediately remove any feces to a proper receptacle.
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Sec . 6 . 24 .060 Female Dogs in Season. �
Dog owners shall securely confine their female
dogs while in season within an enclosure in a manner
I that will prevent the attraction of male dogs to the
immediate vicinity.
� SECTION II : That Chapter 6 . 24 of the Chula Vista Municipal
Code is hereby amended by adding thereto new Sections 6 . 24 .070 through
_. 6 . 24 .130 to be, and to read as follows :
Sec . 6 . 24 .070 Inhumane Treatsnent 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.
Sec. 6 .24 .080 Possession of Vicious Dogs ..
The possession of a vicious dog is unlawful . Dogs
held in violation of this section shall be deemed a
� public nuisance, and their continued possession or owner- •
ship shall be unlawful . The Animal ReguTation Officer
may impound any such dog and dispose of it in a humane
manner after three working days to allow for legal re-
straining action by the owner.
For purposes of this section, an animal shall be deemed
vicious if it .clearly demonstrates by its behavior a
propensity to attack or bite a person or animal without
provocation. The vicious character of a dog does not
depend upon the dog having actually bitten any person or
animal , but may be determined by observation of its
behavior. Further, a dog which has bitten any person or
animal is not necessarily deemed to be vicious dependent
upon the circumstances such as the intrusion of persons
into a confined space on private property, the teasing
of the dog or 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 of Chula Vista showing such
special guard or protective use . The owner or custodian
of such an animal must stipulate that premises wherein
the animal is maintained are designed and constructed in
such a manner as to protect all persons in the surrounding
area and persons who may come upon the premises for ordinary
and legitimate purposes as well as from children who may,
for any reason, be attracted to the premises . In the
event that such a dog does bite any person or animal , the
quarantine provisions of Section 6 . 28 .060 shall be applicable .
Any person who has been assaulted or attacked by any
dog within the limits of the city, without provocation
from the person so assaulted or attacked, may make an
affidavit of such fact and file the same with the Chief
of Police immediately to give notice in writing of filing
of such affidavit to the owner or keeper of such dog . After
satisfying the requirements of the quarantine provisions of
Section 6 . 28 . 060 , such owner or keeper shall keep such dog
securely confined to his premises by. line or chain, and
, if such owner or keeper shall neglect to so confine such yo .
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� dog, he shall be guilty of a violation of this chapter
and the Chief of Police may have such dog killed at any
time thereafter if it is found running at large in the
city and not in the immediate care of its owner or keeper,
I or led by a chain, line or leash.
Sec . 6 . 24 . 090 Entering Food Establishments
Prohibited.
It is unlawful for any person owning, having an interest
in, harboring or having the care , charge , control, custody
or possession of any dog, to suffer, allow or permit such
dog to enter any restaurant, grocery store , milk depot,
fruit or vegetable market, meat market, or any other
place of business in the city , where food or foodstuffs
of any character used for human consumption is manufactured,
sold, served or handled , provided, however, this shall
not apply to seeing-eye dogs .
Sec. 6 . 24 . 100 Complaints.
Upon receiving a complaint from an identified person
alleging a violation of this chapter and upon receiving
the name and address of the owner of the animal, if
known, an investigation to determine whether a violation
exists shall be made. If the investigation discloses
� a violation of this chapter, prosecution may be ini-
tiated against the owner. ' Complainants' identities
shall be kept confidential to the extent permitted by
lao�.
Sec. 6. 24. 110 Presumption o£ Responsibility for
� tt Violation.
In any prosecution involving an animal charging a
violation of any provision referred to in Section
, 6 . 24. 120 of this Code, proof by the People of the State
of California that the particular animal described in
the complaint was found in violation of any provision
of said sections , together with proof that the defendant
named in the complaint was at the time of the alleged
violation the o4mer of the animal, shall constitute prima
facie evidence that the owner of the animal was the per-
son responsible for the violation of said provisions
involving said animal. fiowever, 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:
Sec. 6 .24. 120 Enforcement Provisions.
(a) The Animal Regulation Officer, each agent or
deputy thereof who is assigned to duties which include
the en£orcement 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 herein by this
reference:
1. California Administrative Code:
Title 17 , Section 2606 to 2606. 8
2 . Food and Agricultural Code:
(A) Article 1 (commencing with Section
17001) and Article 2 (commencing with
Section 17041) of Chapter 7 , Division
9 , Part 1.
o (B) Section 17121
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3 . Health and Safety Code:
(A) Chapter 3 (commencing with Section
1900) of Division 3 .
I (B) Chapter 13 (commencing with Section
25970) of Division 20 .
� 4 . Penal Code:
Section 148
5. Any penal law o£ the State of Cali£ornia
relating to' or affecting animals.
Sec. 6 . 24. 130 Public Nuisance.
The introduction, possession or maintenance of any
animal , or the allowing of any animal to be in con-
travention 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 of Chula Vista are hereby authorized, directed
and empowered to suimnarily abate any such public nui- ,
sance by any means reasonably necessary including but
not limited to the destruction of the animal or animals
involved.
Sec. 6. 24 . 140 Harboring of Strays .
No person shall harbor or keep any lost or stray dog
for a longer period than twenty-four (24) hours. Any
person finding a lost or stray dog shall forthwith
notify the Animal Shelter and turn it over to them.
SECTION ZII : In accordance with Section 311 of the Charter
of the City of Chula Vista, this ordinance shall be effective imme-
diately upon' its passage because of numerous and continuing incidents
of unlicensed and unvaccinated animals running at ' large caithin the
. City, destroying personal property and biting persons . The effective
control of' such situations is necessary for the immediate preserva-
tion of the public health and safety within the City of Chula Vista.
Presented and Approved as to Form by
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George D. Lin erg, City Atto ey
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� ADOPTED AATD APPROVED BY THE CITY COliNCIL O�' T?iB CITY OF
CHliLA GISTA, CALIFORNIA this 3lst day of Auc7ust ,
1976 , b5 the follorving vote , to-wit :
AYES : CouneiZmen Cox, Hamilton, Egdahl, Hobel, Hyde '
NAYES : Councilmen None :
ABSEIdT : Councilmen None
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;�s/� TholitdS- D. i7-�am;'T}�� ,7r-'=
M_ayor of the City of Chula Vista
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ATTEST //���i Jennie M��lasz .
� V City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN �IEGO ) ss .
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CPdC, CITY CLEP.K of the City of Chula Vista,
California, DO HERE2Y CERTIFY that the above and foregoing is a full,
true and eorrect copy of ancZ
that the same has not been amended or repealed.
DATED
Cii� Clerk -
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