City of Healdsburg
Ordinance NO. 944

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG ADOPTING A NEW CHAPTER 3 OF THE CITY CODE AND RESCINDING THE EXISTING CHAPTER IN ITS ENTIRETY

The City Council of the City of Healdsburg does ordain as follows:

Section 1. Recitals:

WHEREAS, the City of Healdsburg presently has regulations concerning animals and fowl within the City limits;

WHEREAS, the City desires to update these regulations to comply with the City's needs and changes in the law.

Section 2. Ordinance:

Chapter 3 of the Healdsburg Municipal Code, "Animals and Fowl", and the underlying ordinances, is hereby rescinded in its entirety. A new Chapter 3, "Animal Regulation and Control," is added as follows:

"CHAPTER 3"

ANIMAL REGULATION AND CONTROL

ARTICLE I - GENERAL PROVISIONS

Sec. 3-1 Purpose: Construction
Sec. 3-2 Authority to Set Fees and Charges
Sec. 3-3 Definitions

ARTICLE II - ANIMAL CONTROL

Sec. 3-4 Animal Control Officers: Powers and Duties
Sec. 3-5 Public Nuisances: Prohibited
Sec. 3-6 Public Nuisances: Abatement Procedures
Sec. 3-7 Dangerous Animals
Sec. 3-8 Livestock at Large: Prohibited
Sec. 3-9 Livestock: Keeping Restrictions
Sec. 3-10 Livestock: Standards of Care
Sec. 3-11 Livestock in the Streets: Restrictions
Sec. 3-12 Fowl: Conditions for Keeping Within the City
Sec. 3-13 Fowl: Maximum Number Permitted
Sec. 3-14 Exotic Animals at Large: Prohibited
Sec. 3-15 Exotic Animals: Without Proof of Proper Approvals Prohibited
Sec. 3-16 Selling Animals Without License Prohibited
Sec. 3-17 Animal Premises to be Kept Clean
Sec. 3-18 Animals Kept in Vehicles
Sec. 3-19 Cruelty to Animals Prohibited
Sec. 3-20 Biting Animals: Notification of Poundmaster
Sec. 3-21 Refusal to Present Animal for Inspection Prohibited

ARTICLE III - IMPOUNDMENT

Sec. 3-22 Poundmaster: Appointment Duties
Sec. 3-23 Poundmaster: Disposition of Money Received - Report
Sec. 3-24 Poundmaster: Record Keeping
Sec. 3-25 Impoundment: Animal Subject to
Sec. 3-26 Impoundment: Care of Animals
Sec. 3-27 Impoundment: Rabies Quarantine
Sec. 3-28 Impoundment: Notification
Sec. 3-29 Impoundment: Redemption - Generally
Sec. 3-30 Impoundment: Redemption - Fees
Sec. 3-31 Impoundment: Challenge by Owner
Sec. 3-32 Impoundment: Disposition of Impounded Animals
Sec. 3-33 Impoundment: No Redemption of Impounded Animal(s) Without Proof of Proper care
Sec. 3-34 Impoundment: Absence of Liability
Sec. 3-35 Adoption of Animals: Generally
Sec. 3-36 Adoption of Animals: Spaying/Neutering
Sec. 3-37 Relief from Fees During Natural Disasters
Sec. 3-38 Penalty

ARTICLE IV - DOGS

Sec. 3-39 License: Required
Sec. 3-40 License: Vaccination Required
Sec. 3-41 License: Annual Fee Imposed
Sec. 3-42 License: Application - Issuance of Certificate
Sec. 3-43 License Tag: Duplicate
Sec. 3-44 License Tag: Attachment - Exceptions
Sec. 3-45 Restraint Requirements
Sec. 3-46 Recidivism
Sec. 3-47 Dogs in Public Parks: Prohibited - Exceptions

ARTICLE V - CATS

Sec. 3-48 Spaying/Neutering Cats that Roam
Sec. 3-49 Registration of Cat Permitted
Sec. 3-50 Application for Registration - Fees
Sec. 3-51 Application: Issuance of Certificate - Registration Period
Sec. 3-52 Identification Tag: Duplicate

>> back to top <<

ARTICLE I - GENERAL PROVISIONS

This Chapter shall be know and may be cited as the City of Healdsburg "Animal Regulation and Control" Ordinance.

Sec. 3-1. Purpose: Construction.

This chapter is intended to regulate, control and protect animals existing within the City of Healdsburg.

Sec. 3-2. Authority to Set Fees and Charges.

The City Council may from time to time, by resolution, establish a schedule of fees and charges for services performed and licenses issued under this Chapter. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses.

Sec. 3-3. Definitions.

For the purpose of this chapter, unless the context clearly indicates otherwise, certain words and phrases shall have the meaning given them in this section:

a. "Animal" means all nonhuman members of the animal kingdom including domestic, exotic and livestock species.
b. "Animal Control Officer" means an authorized employee of the Poundmaster/City Pound.
c. "Assistance dog" means a specifically trained canine assigned to a disabled person for the specific purpose of assisting the disabled person. Assistance dogs include, but are not limited to, guide dogs for the blind, hearing dogs, canine companions and pet-assisted therapy dogs.
d. "At large" means for an animal to be off the premises of its owner and not under restraint by a leash.
e. "Domestic animal" means any animal customarily kept by humans
f. "Exotic animal" means any species of animal not considered domestic or livestock. For the purpose of this definition, "exotic animal" includes but is not limited to, nonpoisonous snakes and lizards and potbellied pigs.
g. "Health Officer" means the Public Health Officer of Sonoma County of his/her designee.
h. "Kennel" means any place or premises devoted to the keeping, harboring, breeding, buying or selling of five (5) or more dogs, or six (6) or more mammalian animals of the same species, age four months or over.
i. "Livestock" means any animal customarily kept by humans for the purpose of providing food, clothing or work, including, but not limited to, equine, bovine, ovine, caprine, porcine and fowl, but excluding bees.
j. "Owner" means any person who keeps or has charge, care or custody of an animal, except a veterinarian who is treating or caring for an animal in the regular practice of veterinary medicine or an operation of a kennel or pet shop engaged in the regular practice of his business as such.
k. "Pet Shop" means any premises devoted to the commercial trade of selling animals for use as pets. Pet shop shall not include any place or premises where pet animals are occasionally sold.
l. "Poundmaster" means the Director of the City's contract provider of animal regulation services/City Pound.
m. "Service dog" means any dog under the control of a peace officer in the performance of, or training for, public service.

>> back to top <<

ARTICLE II - ANIMAL CONTROL

Sec. 3-4. Animal Control Officers: Powers and Duties.

a. All Animal Control Officers shall enforce all of the provisions of Chapter 3 of the Healdsburg City Code; and all State laws relating to the care, control and treatment of animals.

b. If an Animal Control Officer has reasonable cause to believe that any person has violated any of the provisions set forth in subsection a. of this section, the Officer may issue a citation to such person to appear in court to answer such charge.

c. Any Animal Control Officer may seize, impound and dispose of any animal when authorized to so by Chapter 3 of the Healdsburg City Code, or the laws of this State relating to the care, control and treatment of animals.

Sec. 3-5. Public Nuisances: Prohibited.

No owner or person otherwise having an animal in his care, charge, control, custody or possession shall permit or allow the existence of a public nuisance, including, but not limited to the following:

a. permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by running at large, chasing vehicles, molesting passersby, barking, howling, screeching or making other noises;

b. permit such animal to damage or trespass on public/private property;

c. permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property;

d. maintain a dangerous animal, as defined in Section 3-7, in a manner that creates a significant threat to the public health, safety and welfare;

e. except 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 of its owner without the consent of the owner, lessee or other person in control of the private property;

f. keep or maintain any animal in violation of the zoning code of the City of Healdsburg.

>> back to top <<

Sec. 3-6. Public Nuisances: Abatement Procedure.

Whenever the Poundmaster or any Animal Control Officer has reasonable cause to believe that a public nuisance exists, the Poundmaster may conduct an investigation of the alleged nuisance. Whenever an Animal Control Officer receives two (2) or more complaints or affirmation s in writing from persons having separate residences in the same neighborhood or employed regularly in the same neighborhood that any animal is a habitual nuisance by reason of trespassing, howling, barking or other noise, such as screeching bird noises, or by damage to property, by vicious action or propensity, or by any other means or condition causing undue annoyance, the Animal Control Officer may investigate to determine if a nuisance exists. If the Animal Control Officer finds that a nuisance does exist, as defined in this Chapter or otherwise in the Civil or Penal Codes of the State of California, notice shall be served in writing upon the owner or custodian of the animal to abate the nuisance. If the owner and/or possessor cannot be ascertained or locate, an abatement order shall be served by posting the abatement order on the property where the animal was found and by mailing a copy of the abatement order by regular U.S. mail. IN the event the owner does not comply with the abatement order, the Animal Control Officer may immediately refer the matter to the City Attorney for prosecution of the public nuisance.

Notwithstanding any of the preceding, no animal that 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 the Chapter and state law.

Sec. 3-7. Dangerous Animals.

a. Any person who owns or has in his/her custody or control any animal known by that person to be dangerous to the safety of any person or other animal, or any animal about which any Animal Control Officer has given notice in writing to the owner or custodian thereof of a suspected dangerous propensity, shall keep such animal safely and securely restrained at all times. Any such animal which is allowed beyond safe and secure restraint is a public nuisance, and the owner of keeper of such an animal may be charged with a violation as provided in this Chapter.

b. Any person who owns or has custody or control of any animal which causes physical injury to any person or animal while not restrained in accordance with Sections 3-11 and 3-37 may be charged with a violation provided in this Chapter.

c. If an Animal Control Officer has probable cause to believe that an animal poses an immediate threat to public safety, the animal may be seized and impounded pending a hearing in the Municipal Court to determine if the animal is a public nuisance. If the Court so determines, the Court may order the nuisance abated and such other relief the Court deems proper. If the animal that has been impounded is found by the Court to be a nuisance, the owner or keeper of the animal shall be liable for all coasts and expenses of impounding and keeping the animal.

>> back to top <<

Sec. 3-8. Livestock at Large: Prohibited.

No person owning or having the custody or control of any livestock shall permit such animal to run at large or be pastured, herded, or tied in any street or alley or other public place.

Sec. 3-9. Livestock: Keeping Restrictions.

No person shall stable, keep, pasture or maintain livestock within the limits of the City, unless expressly allowed to do so by the zoning code. No person owning any interest in any lot or parcel of real property within the limits of the City shall permit livestock to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning code. This section shall not apply to any circus, carnival or show otherwise permitted to operate temporarily within the limits of the City.

Sec. 3-10. Livestock: Standards of Care.

No person owning or having the custody or control of any livestock shall permit or allow such animal to trespass upon or be kept upon private property without the property owner's consent. The owner or other person in control or custody of any such animal shall provide it with necessary food, drink and shelter, and at nighttime shall secure it in a pen, corral or barn, or by such other humane means as well effectively restrain it from roaming at large. Every person who stables, keeps, pastures or maintains livestock in the City shall at all times keep the stable or enclosure in which such livestock is kept, clean and free from manure, mud and everything of a foul and unclean nature.

Sec. 3-11. Livestock in the Streets: Restrictions.

No person shall drive or herd any animal or animals on or along any street or alley. Animals may be ridden or driven in harness or by means of rope, halter or similar device, subject to traffic regulation and the orders of any City Police Officer whose duties include the direction of street traffic.

Sec. 3-12. Fowl: Conditions for Keeping Within City.

No person shall keep on any premises owned, occupied or controlled by him/her any chickens, ducks, geese, turkeys or other domestic fowl unless such fowl is kept in an enclosure sufficient in all respects to

>> back to top <<

Sec. 3-13. Fowl: Maximum Number Permitted.

No person shall keep or have upon any premises owned, occupied, or controlled by him/her within the City chickens, ducks, geese, turkeys or other domestic fowl exceeding at any one time twenty (20) in number. Such number shall be construed to mean twenty (20) in the aggregate or total number of such fowl, regardless of the particular kind or age of such fowl.

Sec. 3-14. Exotic Animals at Large: Prohibited.

No person shall permit or allow any exotic animal to run at large. The Poundmaster may seize and impound every exotic animal found in violation of this section and such impoundment shall be pursuant to this Chapter.

Sec. 3-15. Exotic Animals: Without Proof of Proper Approvals Prohibited.

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

Sec. 3-16. Selling Animals Without License Prohibited.

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.

Sec. 3-17. Animal Premises to be Kept Clean.

The owner or other person in charge or custody of any premises occupied by animals, fowl or birds shall keep the premises clean and free from manure, mud and everything of a foul and unclean nature so as to prevent a public nuisance.

>> back to top <<

Sec. 3-18. Animal Kept in Vehicles.

a. An animal shall not be confined in a vehicle unless there is adequate ventilation, and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a vehicle in a manner that threatens its health, any Animal Control Officer or any Peace Officer may enter the vehicle by whatever force is necessary to release the animal without liability upon the City or any person for resulting damage.

b. Any person who owns or has custody or control of an animal that has been confined in a vehicle in a manner that threatens its health may be charged with a violation as provided in this Chapter.

c. Any animal that has been confined in a vehicle in violation of this section may be impounded pending a hearing to determine if the animal shall be returned to its owner. In the event of any such impoundment, the owner or keeper of the animal shall be liable for all costs and expenses of impounding or keeping the animal.

Sec. 3-19. Cruelty to Animals Prohibited.

a. No person shall mistreat, tease, or torment any animal.

b. The provisions of Penal Code Section 597.1, Failure to care for animals; misdemeanor; powers and duties of local officers and veterinarians; hearings; liability for costs; forfeiture' shall be operative within the City of Healdsburg.

Sec. 3-20. Biting Animals: Notification of Poundmaster.

The owner or other person in custody or control of any animal that bites a human being shall immediately notify the Poundmaster of such bite, giving the name and address of the person bitten, if know to him/her, and shall faithfully obey any quarantine instructions given by the Poundmaster and/or Health Officer. Failure to obey such quarantine instructions is _cause for impoundment of the animal for the quarantine period.

Sec. 3-21. Refusal to Present Animal for Inspection Prohibited.

No person shall fail or refuse to comply with any order of the Poundmaster under this title to present an animal for inspection.

>> back to top <<

ARTICLE III - IMPOUNDMENT

Sec. 3-22. Poundmaster: Appointment-Duties.

The City Council may provide, by contract, for the execution of the office and duties of Poundmaster or Animal Control Officer by any person authorized or organized under the laws of the state to act for the humane treatment of animals or to prevent cruelty to animals. The Poundmaster and her/his Deputies may collect license, impoundment, quarantine, adoption and other fees as approved by the City.

Sec. 3-23. Poundmaster: Disposition of Money Received - Report.

All money collected by the Poundmaster together with all or a portion of the money collected from the sale of licenses for dogs in the City, may be retained by or paid over to the Poundmaster in payment for the work, labor and other duties performed by the Poundmaster in operating the City pound or other like facility. The Poundmaster shall file a monthly report with the City as may be required by the City Manager and/or as may be provided by agreement.

Sec. 3-24. Poundmaster: Record Keeping.

The Poundmaster shall keep such records as the City Manager or agreement may prescribe. Such records shall at all times be available for inspection by the City Manager or his/her designee.

Sec. 3-25. Impoundment: Animal Subject to.

Any animal within the City of Healdsburg which is, to the knowledge of the Poundmaster or any Animal Control Officer, engaged in an activity or existing in a condition prohibited by this chapter or state law may be taken up and impounded pursuant to this section.

Sec. 3-26. Impoundment: Care of Animals.

The Poundmaster shall provide all animals in his/her custody with proper food, water, and shelter and shall give them all necessary care and attention.

>> back to top <<

Sec. 3-27. Impoundment: Rabies Quarantine.

If any person fails or refuses to obey any lawful order of the quarantine of an animal for observation of rabies, the Poundmaster may impound the animal for such quarantine at the expense of the owner. The Poundmaster shall charge the owner in such case for the care and board of the animal. Such rates shall be set by resolution of the City Council. The redemption fees provided in Section 3-26 do not apply to an animal quarantined for rabies observation.

Sec. 3-28. Impoundment Notification.

If any dog impounded under Section 3-21 shall be found by the Poundmaster to be duly licensed, the Poundmaster shall immediately mail notice by certified mail to the registered owner of such dog at the address given in the license application for the dog. Such notice shall state that the animal has been impounded, the date and place of impoundment, a description of the animal,. Where the animal is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken by the owner within seventy two (72) hours after impoundment or a longer period if stated in such notice. Any dog or other animal picked up and impounded pursuant to Section 3-21 may be recovered by the owner only upon payment of the charges and costs of redemption of impounded animals as provided in Section 3-25.

If the owner of an impounded animal is unknown (a stray), the above notice, in lieu of mailing, shall be posted in a public place. A stray will be kept for a total of five (5) working days before being made available for adoption.

Sec. 3-29. Impoundment: Redemption-Generally.

Redemption of an impounded animal shall be made by presenting to the Poundmaster any required license certificate and identification tag issued by the Poundmaster and otherwise by establishing ownership and by paying to the Poundmaster the redemption fee and all other proper fees and charges accrued as provided for in this Chapter. If the impounded animal is subject to license under this Chapter, the owner shall comply with the licensing requirements of the animal prior to its release. Upon such redemption being made, the Poundmaster shall release the animal.

>> back to top <<

Sec. 3-30. Impoundment: Redemption - Fees.

No dog or other animal shall be released by the Poundmaster or her/his deputies until all charges, costs of redemption, costs of identification tag and current year's license charge, if any, have been paid by the owner. The charges and costs of redemption to the owners of impounded animals shall be set by resolution of the City Council.

In the following categories: (a) a fee for each dog or other animal impounded for violation of this title, and in addition, (b) a fee for the actual cost of board, feed and veterinary care for each day or fractional day of impoundment, shall be due and payable from the owner to the keeper of the impounded animal(s).

The Poundmaster is authorized to reduce any fee or penalty if hardship or other good cause exists to justify the reduction.

Sec. 3-31. Impoundment: Challenge by Owner.

If the owner of a dog or other animal wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing to the Poundmaster. Such notice shall be received by the Poundmaster within seventy-two (72) hours after impoundment. If a valid request for a hearing is filed, the Poundmaster shall set the time and place for the hearing before the Poundmaster and a City representative and give notification of such to the owner within thirty-six (36) hours.

Sec. 3-32. Impoundment: Disposition of Impounded Animals.

The Poundmaster shall keep any impounded animal for a period of at least seventy-two (72) hours, and for such longer period as may be required for any notice to be given under this Chapter. At any time after the expiration of such period of time, the Poundmaster may, unless the animal is redeemed by the owner or unless a bona fide home has been obtained for such animal, destroy the same in a humane manner.

Any animal which is voluntarily surrendered to or deposited with the Poundmaster shall not be deemed to be impounded and need not be kept or retained for a minimum period of time.

>> back to top <<

Sec. 3-33. Impoundment: No Redemption of Impounded Animal(s) Without Proof of Proper Care.

No impounded animal(s) shall be redeemed by the owner, place for adoption, or sold unless the person receiving the animal provides proof, satisfactory to the Poundmaster that the animal will be maintained in accordance with the provisions of this Chapter and state law.

Sec. 3-34. Impoundment: Absence of Liability.

No liability shall be incurred by the City for the impoundment, redemption or disposition of an animal made pursuant to the Article.

Sec. 3-35. Adoption of Animals: Generally.

If an impounded animal is made available for adoption, such animal may be adopted by any qualified person upon submission of an application and payment of an adoption fee, the amount of which shall be established by resolution of the City Council. If such animal is subject to license and spaying or neutering under this chapter, the person adopting the animal shall, prior to the animal's release, comply with the licensing and spaying/neutering requirements for the animal.

Sec. 3-36. Adoption of Animals: Spaying/Neutering.

All animals adopted from the pound shall be spayed or neutered within 30 days of adoption if the animal is six (6) months and older. All animals adopted under the age of six months shall be spayed or neutered within 30 days of the date the animal tunes six months of age. The Poundmaster is empowered to seize and impound every animal found in violation of this section and shall require the owner of the animal to either spay or neuter the animal or to produce a certificate of sterilization signed and dated by a veterinarian which lists the veterinarian's name, clinic's name, address, telephone number, license number, pet name, age, breed, and adequate description of the animal.

Sec. 3-37. Relief from Fees During Natural Disasters.

Upon the recommendation of the Poundmaster and with the approval of the City Council, the fees provided for in this Chapter may be waived when animals have been impounded because of conditions within the City or the immediate area due to fire, flood, earthquake, storm or other natural disaster.

Sec. 3-38. Penalty.

Violation of any of the provisions of Chapter 3 shall be deemed a public nuisance punishable as set forth in this Chapter or as otherwise authorized by the Civil or Penal Codes of the State of California. Violations of any of the provisions of Chapter 3 shall also be deemed to be a misdemeanor.

>> back to top <<

ARTICLE IV - DOGS

Sec. 3.39. License: Required.

Every owner of a dog which is four (4) months of age or older, and which is kept in the City, shall obtain an identification tag and annual license for such dog and shall pay the annual fee imposed by Section 3-33.

Sec. 3-40. License: Vaccination Required.

The Poundmaster shall not issue any dog license under this Section without presentation of a certificate of vaccination signed by a veterinarian showing that the dog has been vaccinated with an approved rabies vaccine and the period of time from the date of vaccination to the date of expiration of the license being issued does not exceed the time interval prescribed by the State Department of Health. Where a certificate of vaccination shows that a dog should not be vaccinated due to infirmity or other disability, the nature of the infirmity or other disability and the estimated date of termination thereof shall be shown.

Sec. 3-41. License: Annual Fee Imposed.

An annual dog license fee set by resolution of the City Council is imposed upon every dog four months and older which is kept in the City by any person who is an owner as defined in Section 3.3. If a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered, the annual license fee imposed shall be reduced by 50 percent. The license fee is due and payable on the day upon which the dog is four months old, or the day upon which the dog, if over the age of four months, is first owned by a resident of the City, and thereafter on the first day of March next following its date of issue.

Sec. 3-42. License: Application - Issuance of Certificate.

Upon each application for a license, the owner shall furnish to the Poundmaster in writing his or her name, the address where the dog is kept, the name, breed, age, sex and color of the dog, and proof of current vaccination. The Poundmaster shall furnish registration forms for such purpose and upon payment of the fee, and penalty, if any, shall issue a serially numbered license certificate and a metallic identification tag. A new identification tag shall be issue each year upon renewal.

>> back to top <<

Sec. 3-43. License Tag: Duplicate.

If an identification tag is lost or destroyed, a duplicate or other tag in lieu thereof must be procured from the Poundmaster within thirty (30) days after loss or destruction. Upon receiving proof of loss, made in writing, and payment of a replacement fee, which shall be set by resolution of the City Council, the Poundmaster shall issue a replacement tag to the owner.

Sec. 3-44. License Tag: Attachment-Exceptions.

The dog license tag issued to any dog licensed pursuant to this article shall be securely affixed to a collar, harness, or other device and shall be worn by such dog at all times that the dog is in the City, except when the dog is confined in a commercial kennel, hobby kennel, or veterinary facility, or it is being exhibited at a show, field trial or other competition. The identification tag shall be shown by the owner at any time upon demand by the Poundmaster or his/her Deputies.

Sec. 3.45. Restraint Requirements.

a. No person owning or otherwise having a dog in his or her care, charge, control, custody or possession shall cause, permit or allow such dog to be in or upon any public street,

b. road, alley or other public place unless such dog is restrained and under control by leash or chain, or unless confined in a vehicle in the manner allowed by Section 3-14. The leash or chain shall not exceed six (6) feet in length.

c. No person owning or otherwise having a dog in his or her care, charge, control, custody or possession shall cause, permit, or allow such dog to enter upon private property without consent of the person in possession of the property or to defecate or urinate upon , or to damage or destroy any lawns, trees, shrubs, or other plantings, or any other improvement or thing of value on such private property.

d. The restraint requirements provided in this Section shall not apply to a service or assistance dog; a dog participating in field or obedience trails; animal exhibitions or training; or a dog assisting a Police Officer engaged in law enforcement duties, so long as the owner or custodian of such a dog has been issued a written permit by and Animal Control Officer allowing the dog to be off its leash. Such permit shall be in the possession of the owner or possessor of the dog at the time the dog is off its leash and shall be displayed on request of an Animal Control Officer.

e. Any animal found in any public place, or upon private property of another without the consent of the owner or possessor of the private property, in violation of this Section, may be impounded.

>> back to top <<

Sec. 3-46. Recidivism.

Any unsterilized dog which is impounded a second time within a twelve-month period for violation of restraint requirements shall be spayed or neutered within seven days of the redemption. Written verification from the veterinarian performing the surgery shall be provided by the owner to the Poundmaster within seven days of the surgery.

Sec. 3-47. Dogs in Public Parks: Prohibited-Exception.

Dogs are prohibited in public parks and playground areas in the City except for Plaza Park. Dogs are permitted in Plaza Park only if such dog is under restraint by leash or chain. The leash or chain shall not exceed six (6) feet in length.

ARTICLE V - CATS

Sec. 3-48. Spaying/Neutering Cats that Roam.

No person owning or otherwise having a cat over six (6) months of age in his/her care, charge, control, custody or possession shall cause, permit or allow such cat to be in or upon a public street, road, alley or other public pr private place unless such cat is spayed or neutered. The Poundmaster is empowered to seize and impound every cat found in violation of this Section and shall require owners of the cat to either spay or neuter the cat or to produce a certificate of sterilization signed and dated by a veterinarian which lists the veterinarian's name, clinic's name, address, telephone, license number, pet name, age, breed and adequate description of the cat.

Sec. 3-49. Registration of Cat Permitted.

Any person who owns or keeps any cat over four months of age within the City may voluntarily register such cat pursuant to this chapter.

Sec. 3-50. Application for Registration - Fees.

Application for registration of a cat shall be made in writing to the Poundmaster by the owner of the cat to be registered. Such application shall be on a form approved by the Poundmaster and shall be accompanied by a registration fee set by resolution of the City Council. Such registration fee shall be reduced by 50% for spayed or neutered cats and for cats owned by persons sixty-two (62) years of age or older, who furnish legal identification, if all other requirements for registration under this Article are met.

>> back to top <<

Sec. 3-51. Application: Issuance of Certificate - Registration Period.

Upon receipt of an application and fees as set out in Section 3-43 for registration of a cat, the Poundmaster shall issue a cat registration certificate and a serially numbered identification tag. Every registration certificate and identification tag issued pursuant to this chapter shall be valid for the life of the cat registered thereby.

Sec. 3-52. Identification Tag: Duplicate.

If an identification tag for any cat registered pursuant to this Article is lost or destroyed, a replacement tag for such cat shall be procured from the Poundmaster upon receipt of an application and payment of a replacement fee set by resolution by the City Council.

Section 3. Severability:

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Healdsburg hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

Section 4. Effective Date:

This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance, or a summary thereof, as provided in California Government Code Section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg.

>> back to top <<