Ordinance No. 1053

ARTICLE V–PROHIBITED CONDUCT

 

 

No person shall prevent, obstruct, hinder or interfere with an Animal Control Officer in the performance of the officer's duties under this chapter or state law.

 

 

No person shall remove or attempt to remove any animal taken into custody by an Animal Control Officer without the officer's authorization.

 

 

No person shall cause or aid in the escape of any animal sought for custody by an Animal Control Officer.

 

 

No person shall fail to comply with any lawful order of an Animal Control Officer to present an animal for inspection.

 

 

No person shall abandon any dog or cat in or upon any public street or other public place, or upon any private property or premises.

 

 

No person shall cause, permit, or allow any dog to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such dog, nor shall any person cause, permit, or allow any dog to be upon any public street or other public place unless the dog is restrained by a leash not to exceed six feet in length, except:

            a.         Guide or service dogs while performing their duties for blind, hearing impaired and physically disabled people;

            b.         Dogs participating in field or obedience trials or animal exhibitions;

            c.         Dogs assisting their owner and/or possessor in legal hunting or the working, herding, or controlling of livestock;

            d.         Dogs assisting a security guard or assisting a peace officer engaged in law enforcement duties;

            e.         Areas within the city specifically set aside and posted for the exercise of animals and designated off-leash areas. 

 

Any dog found in violation of this section may be impounded. Any violation of Section 3.14 is an infraction punishable as provided by law.

 

            a.         Dogs are permitted in all areas of city park facilities, except for Recreation Park, only if such dog is licensed and under restraint by leash or chain not to exceed six feet in length. The regulations of this subdivision do not apply to dogs in designated off-leash areas as defined in Section 3.16.

            b.         Dogs are not permitted in playground areas of city park facilities.

            c.         The Healdsburg City Council may, by resolution, prohibit dogs in a city park facilities or areas within a city park facility.

            d.         Notwithstanding the prohibitions of this section, upon the written request and recommendation of the community services director, the city council may adopt a resolution prohibiting dogs in park facilities for a designated special event sponsored, in part or in whole, by the city. The resolution by the city council shall specify the date, time, and location of the special event.

            e.         Any violation of Section 3.15 is an infraction punishable as provided by law.

 

When entering the boundaries of any designated off-leash area dog owners shall abide by the following use regulations:

            a.         Dogs must wear a visible and current license attached to a collar or harness which is worn by the dog at all times.

            b.         Dogs must be leashed prior to entering and exiting.

            c.         Dog waste must be removed and properly disposed.

            d.         Aggressive dog behavior is not permitted.

            e.         Gates must be kept closed at all times

            f.          Dog owners must be within the facility and supervise their dogs at all times.

            g.         Owners using the facility must carry on their person, a leash not to exceed six feet in length.

            h.         Female dogs in heat are not permitted.

            i.          Any damage done to the park (i.e. digging) must be repaired by the dog owner.

            j.          Children twelve (12) years and under must be accompanied by an adult at all times.

            k.         All dog owners who fail to comply with these regulations may be asked to leave and/or be cited for a violation of this section. Any violation of the provisions of this section is an infraction punishable by applicable law.

 

 

In a park facility no person shall:

            a.         Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal residing within the boundaries of any park facility, nor remove nor have in his possession the young, eggs, or nest of any such creature;

            b.         Abandon any animal, dead or alive, within any park facility;

            c.         Remove any animal not his own within any park facility; exception is made to the foregoing in that in proper season, fish may be fished and removed from area designated for fishing by licensed persons;

            d.         Permit cattle, sheep, goats, horses, or other animals owned by him or in his possession to graze within the boundaries of any park facility without adoption of a resolution by the city council;

            e.         Ride a horse, pony, mule, burro, or any other animal upon, over or across any park facility, except at times and upon roads or trails designated for the riding of such animals;

            f.          Permit any animal owned by him, or in his possession, to be bought into or remain upon the premises of any park facility, if the Animal Services Director has given oral or written notice to remove that animal from such premises. The Animal Services Director may give such notice if such animal is known to the Animal Services Director to at time have caused any injury or damage to any person, other animal or property of another while upon the premises of any park facility;

            g.         A violation of any of the provisions of this section is an infraction punishable by applicable law.

 

No person shall willfully or knowingly cause, permit, or, through failure to exercise due care or control, allow any livestock to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such livestock except:

            a.         When such livestock is being led, driven, or conducted along a public street during daylight hours under the supervision of the owner or other person in control of such livestock.

            b.         When such livestock is on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof, and such property is lawfully fenced.

            c.         When such livestock is on designated open range areas.

            d.         The owner of any livestock found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs, and other expenses incurred by the Animal Control Officer in restraining, capturing, or rescuing such livestock if such owner is responsible for the livestock being at large. The salaries, costs, and expenses of the Animal Control Officer shall be determined by the Animal Services Director.

 

 

No person shall cause, permit, or allow any exotic animal to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such exotic animal.

 

 

No owner of any dog shall permit or allow such dog to enter upon any property whereon sheep or other livestock are kept without the consent of the owner, lessee or other person in control thereof.

 

 

No person shall refuse to obey the conditions of any lawfully imposed quarantine or remove, tear, deface, mutilate, obscure or destroy or in any other manner whatsoever interfere with any placard, notice or proclamation declaring such quarantine, placed on or about the premises on which any of the animals so quarantined are located.

 

 

No owner of any animal shall permit or allow such animal to enter or remain in any city building, except the city animal shelter, those city buildings used for animal training classes, exhibitions, or competitions, and any other city building or part thereof designated by the city council. This section shall not apply to totally or partially blind persons, deaf or hearing impaired persons, or other disabled persons using assistance dogs, law enforcement officers engaged in police work using dogs to assist them and such other persons as may be authorized by the Animal Control Officer.

 

 

No person shall sell, display, offer for sale, barter or give away any animal as a pet, prize, toy, premium or novelty, except a person licensed pursuant to this chapter to operate a commercial kennel, hobby kennel or pet shop, or as part of an agricultural operation, commercial hatchery or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter or gift occurs on the owner's premises or on the premises where the animal is boarded or kept.

 

No owner of any exotic animal shall maintain such animal without proof of proper federal and state permits, inspections and other required approvals.

 

 

The owner or other person in custody or control of any animal that bites a human being shall immediately notify the Animal Shelter of such bite, giving the name and address of the person bitten, if known to him/her, and shall faithfully obey any quarantine instructions given by the Animal Shelter and/or Health Officer. Failure to obey such quarantine instructions is cause for impoundment of the animal for the quarantine period. A violation of Section 3.25 is an infraction punishable by applicable law.

 

 

            a.         No owner of any animal shall do any of the following:

                        1.         Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, excessive barking, howling or making other noise.

                        2.         Permit such animal to damage or trespass on public or private property.

                        3.         Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would otherwise be injurious to the public heath, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons.

                        4.         Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.

                        5.         Except for a disabled person using an assistance dog, permit such animal to defecate on any public street or other public property without immediately cleaning or removing the excrement to a proper receptacle; or defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control of the private property.

                        6.         Keep or maintain any animal in violation of the zoning code of the City of Healdsburg.

            b.         Any violation of this section is hereby declared to be a public nuisance.

            c.         Whenever an Animal Control Officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Animal Control Officer may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences in the neighborhood that a public nuisance as defined in this section exists, the Animal Control Officer shall investigate the alleged nuisance. If, upon investigation, the Animal Control Officer determines that a public nuisance exists, the Animal Control Officer may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the Animal Control Officer shall immediately initiate proceedings for a hearing by the Animal Hearing Officer, as is set forth in Article IV of this chapter. The notice and hearing shall comply with the requirements set forth in Article III and Article IV, respectively, of this chapter.

              d.         Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section.

e.         Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law.

 

 

No person shall injure, tease, agitate, kick, strike, torture or otherwise interfere with any police dog while the dog is in the custody of or being used by a law enforcement officer in the performance of his official duties. As used in this section, police dog shall mean any dog specially trained for assistance to law enforcement officers.

 

            a.         No person shall commit the crime of cruelty to animals or to overdrive, overload or unnecessarily or cruelly beat, mutilate, kill, torture or abuse, or cause or procure to be overdriven, overloaded, cruelly beaten, mutilated, killed, tortured, or abused, any animal or deny the animal necessary medical attention, as determined by a licensed veterinarian and/or the Animal Services Director.

            b.         Any violation of this section can be enforced in the same manner as provided under the California Penal Code.