Santa Barbara Dog Laws
This document was provided by the Santa Barbara Police Department.
6.08.020 Animals Running at Large and Grazing Prohibited - Exception - Nuisance.
A. ANIMALS AT LARGE. It is unlawful for any person owning or having possession, charge, custody or control of any animal, to cause or permit or allow the same to stray or run, or in any other manner to be at large in or upon any unenclosed lot or place. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the owner permitted it to run at large. It shall likewise be unlawful for any person owning or having possession, charge, custody or control of any animal to cause or permit or allow the same to be staked out, or to herd or graze any animal upon any unenclosed private lot or land in such a manner that the rope or other attachment by which such animal is tethered may permit such animal to be or to go beyond the boundaries of the unenclosed private lot or land. Any animal, suffered or permitted to be at large, or otherwise to be within the City in violation of the provisions of this Title, is declared to be a public nuisance.
B. DOGS IN PUBLIC. No dog is permitted upon a street or other public place unless on a leash not in excess of six (6) feet in length and under the immediate care and control of the owner or other person having the care and custody thereof, except during supervised dog training classes, shows or exhibitions held in City Parks when authorized by a Park Use Permit issued by the Parks and Recreation Department.
C. OFF LEASH DOG AREAS IN CITY PARKS. Notwithstanding anything in this section to the contrary, properly licensed and tagged dogs without vicious, dangerous or aggressive propensities may be exercised on the Douglas Family Preserve and Las Positas Friendship Park, if under the care, custody or control of a Responsible Person (a competent person at least 18 years of age who has given the City an indemnity and waiver of liability).
1. Responsible Person. The Responsible Person must remain present within the off leash dog park at all times, must carry a leash, must leash the dog at the first sign of aggression, must clean up dog feces created by the dog, and bears full responsibility for filling any holes and repairing any damage created by the dog. Responsible persons must comply with rules and regulations regarding the park, and must remove the dog when the off leash dog park is closed.
2. Off Leash Dog Parks. Off leash dog parks are the Douglas Family Preserve and those areas within Las Positas Friendship Park which are so designated by the Director of Parks and Recreation or his or her designee.
3. Certain Dogs Not Allowed. In addition to other prohibitions in this section, dogs which are sick or diseased, are in heat, are not properly licensed and tagged, are vicious or have bitten any person are not allowed off leash within off leash dog parks.
4. Penalties for Violation. Any violation of this Section will be charged and prosecuted as an infraction. The Animal Control Supervisor and all animal control officers, park rangers and police officers shall have the duty and the authority to enforce this Section. (Ord. 5049, 1998; Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744, 1975.)
6.08.030 Disturbing the Peace.
It is hereby declared to be a public nuisance, and it shall be unlawful for any person to keep, maintain or permit upon any lot or parcel of land under his control, any animal which, by any loud, unnecessary or repeated barking, sound, cry or other noise, shall unreasonably disturb the peace and comfort of any neighborhood. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4078, 1980; Prior Code §5.5.)
6.08.040 Public Nuisance.
Any animal, domesticated or otherwise, which in the opinion of the Animal Control Supervisor or designated animal control officer has a propensity towards viciousness or ferocity, and has shown a capacity for attacking persons, animals or property, may be declared a public nuisance by the Animal Control Supervisor or designated animal control officer. The City, or any resident thereof, in his or her own name, may maintain an action in equity to abate such nuisance and to enjoin the owner of such animal from permitting it to remain a menace to the public. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, the owner of an animal determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985.)
6.08.050 Abandonment of Animals.
It shall be unlawful for any person owning or having the care and custody of any animal to abandon said animal within the City. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Prior Code §5.6.)
6.08.070 Animals - Public Beaches and Harbor.
A. PROHIBITION. It shall be unlawful for any person owning or having possession, charge, custody or control of any animal to cause or permit or allow the same, whether or not on leash or restraint, to be upon a beach or within the Santa Barbara Harbor except that:
1. Dogs are permitted on the beach at any point between Shoreline Park staircase and the westerly City limits if restrained in conformance with the provisions of Section 6.08.020; or
2. Horses are permitted on the beach at any point between Lighthouse Point and the westerly City limits if restrained in conformance with the provisions of Section 6.08.020; or
3. Horses may be allowed within sponsored parades on the beach between the eastern City Limits and Stearns Wharf, between sunrise and 11:00 a.m. except on Sundays or holidays recognized by the City, if the parade sponsor holds both a special event permit from the Police Department according to Chapter 9.12 and a Parks and Recreation Department use permit according to Chapter 15.05, if restrained in conformance with the provisions of Section 6.08.020.
For the purposes of this Section, the Harbor is defined as an area circumscribed on the west by the westerly edge of the breakwater and the easterly edge of Harbor Way, on the south by a straight line between the seaward end of the Breakwater and the seaward end of Stearns Wharf, on the east by the westerly edge of Stearns Wharf, and on the north by Cabrillo Boulevard not to include any sidewalk adjacent thereto. It shall include all marinas, wharves, docks, the breakwater, lawns, buildings, sidewalks and parking lots, but not boats.
B. EXCEPTIONS. This Section shall not apply to:
1. The owners of boats in the Harbor who are crossing the docks and landward areas of the Harbor to reach their boats or leave the Harbor with their dogs on leash and under their control.
2. Any blind person owning or having possession, charge, custody or control of a guide dog.
3. A police animal. (Ord. 4968, 1996; Ord. 4943, 1996; Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4067, 1980; Ord. 3828, 1976; Ord. 3744, §7
6.12.010 Dogs Prohibited in De la Guerra Plaza.
It shall be unlawful for any person owning or having possession, charge, custody or control of any dog to cause or permit or allow the same, whether or not on leash, to be upon the grass area known as De la Guerra Plaza.
This Section shall not apply to any blind person owning or having possession, charge, custody or control of a guide dog or to a police dog.
This Section shall not apply to participants in events issued a permit by the Parks and Recreation Director which permit specifically allows dogs upon De la Guerra Plaza. (Ord. 5150, 2000; Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4067, 1980; Ord. 3828, 1976.)
6.12.020 Dogs Creating Nuisance on Beaches, in Public Parks and on Sidewalks.
No person owning or having custody or control of any dog shall knowingly or through failure to exercise due care or control permit such dog to defecate or commit any other nuisance and allow such nuisance to thereafter remain on any beach, in any public park, or other public property, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied, without the consent of the owner or person in lawful occupation thereof. A person shall not be considered in violation of this Section if the person has necessary equipment, i.e., shovel, bag, etc., readily available and does take immediate and necessary action to accomplish the removal of such nuisance.
This Section shall not apply to any blind person owning or having possession, charge, custody or control of a guide dog or to a police dog. (Ord. 4968, 1996; Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4067, 1980; Ord. 3859, 1976.)
6.12.030 Vicious Dog - Defined.
The Animal Control Supervisor or designated animal control officer is authorized to determine whether a dog is vicious, and shall be guided by the following criteria: (1) whether or not the dog has bitten any person at any other time; (2) the circumstances surrounding the occasion indicating the temper or ferocity of the dog; (3) the reputation of the dog in the community with regard to its temper and ferocity; (4) its propensity to bite persons or animals without provocation or (5) its general menace to the public. The Animal Control officer need not consider whether the dog in question has been vaccinated and licensed as required by this Title. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; prior Code §5.18.)
6.12.040 Vicious Dogs - Disposition.
If it is determined by the Animal Control Supervisor or designated animal control officer that any dog impounded pursuant to Section 6.16.050 is a vicious dog, the Animal Control Supervisor or designated animal control officer may thereupon order the person who owns or has the custody of the dog to keep the dog at all times securely fastened by a chain, or securely con-fined in a manner determined by the Animal Control Supervisor or designated animal control officer, until further order of the Animal Control Supervisor or designated animal control officer. If, given the severity of the bite or the temper and ferocity of the dog, it is the opinion of the Animal Control Supervisor that the dog should be destroyed, the owner of the dog shall be notified of the decision by certified mail sent to the address listed on the license application. Upon receipt of the notice, the owner shall have five (5) calendar days to request a hearing before the Chief of Police or the designated representative. The decision of the Chief of Police or the designated representative shall be final. In the absence of a timely request for a hearing, the decision of the Animal Control Supervisor shall be final. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3488 §1, 1971; prior Code §5.17.)
6.12.050 License Required.
A. Any person owning or having custody or control of one or more dogs in the City shall obtain a license and pay the license fee for custody or control of each such dog over the age of four (4) months. The license fees authorized by this Chapter shall be established by resolution of the City Council. In the event the animal to be licensed has been spayed or neutered, a written statement from a licensed veterinarian must be presented at the time the license is obtained in order to qualify for a reduced fee. The license period shall not extend beyond the remaining period of validity for the current rabies vaccination. A license shall only be issued if the rabies vaccine is current through the entire licensing period. A license shall be purchased for either a six (6) month period or twelve (12) month period. A license shall expire either six (6) months or twelve (12) months from the exact date the license was issued. The license fee shall not apply to any dog kept or maintained exclusively in any dog kennel in the City. No dog license required by this Section shall be transferable.
B. Within thirty (30) days of the transfer of ownership of any licensed dog, the person receiving ownership shall obtain a license as set forth in Subsection A of this Section.
C. Failure to comply with the provisions of Subsections A and B of this Section may result in the impoundment of the dog or a fine or both. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4087, 1980; Ord. 4067, 1980; Ord. 3744 §7, 1975.)
6.12.060 Dog License Information.
Each dog license shall state the name, address, and telephone number of the person to whom such license is issued, the amount paid, the date when issued, the date on which such license shall expire, and in the case of an individual dog license, a description of the dog for which such license is issued, and the number of the metallic tag accompanying the license. In the case of a kennel license, such license shall show, in addition to the above information, the maximum number of dogs which may be kept in such kennel under authority of such license. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; prior Code §5.23.)
6.12.080 Vaccination Certificate - Prerequisite to Issuance.
No license shall be issued for a dog until it has been vaccinated in accordance with Section 6.16.070, and the owner or person in possession of the dog submits a certificate of vaccination approved by the Health Department from a licensed veterinarian confirming the approved vaccination for such dog as described in Section 6.16.080. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §9, 1975; Ord. 3102 §2, 1966; Ord. 2715 §4, 1959; prior Code §5.36.)
6.12.100 Kennel License - Requirements.
Any person conducting, managing or maintaining a dog kennel shall obtain a kennel license and pay to the City a license fee in an amount established by resolution of the City Council.
The applicant for a kennel license shall present the property as a kennel prior to the issuance of a license. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4087, 1980; Ord. 3673 §1, 1974.)
6.12.110 Kennel Fees - Licensed Dogs May Be Excluded.
In ascertaining the number of dogs being kept or maintained in any kennel, duly licensed dogs shall be excluded from such number in the event that the person conducting, managing or maintaining such kennel furnishes, at the time of making application for such kennel license, an affidavit stating the number of such licensed dogs and the license number of each such dog; provided, however, that for any kennel containing any such licensed dogs there shall be paid a kennel license fee in an amount equal to the minimum amount required for dog kennels. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §9, 1975; prior Code §5.28.)
6.12.120 Official Tag - Issuance.
Upon exhibition of the proper certificate of vaccination and payment of the license fee, there shall be delivered to the person making such payment a metal tag, with the serial number, the year and "Santa Barbara City" stamped or cut thereon, and the word "vaccinated" stamped thereon. Such dog tag shall be securely affixed to a collar or harness, which shall at all times be worn by such dog. The tag while attached to the dog's collar or harness shall be prima facie evidence that the dog for which the same was issued has been vaccinated and licensed during the licensing period for which the tag was issued. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Prior Code §5.30.)
6.12.130 Absence of Official Tag - Presumption.
If any dog is found in or upon any place in the City without having an official tag attached to his collar or harness as required by this Chapter, the dog shall be presumed to be an unlicensed dog and not to have been vaccinated or licensed as required by law. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §10, 1975; Ord. 2715 §7, 1959; prior Code §5.33.)
6.12.140 Official Tag - Duplicates.
Whenever the official license tag issued for the current licensing period has been lost, taken or stolen by parties unknown to the owner or person having the care, custody or control of the dog for which the same has been issued, such owner or person having the care, custody or control of such dog may, upon the payment of the required fee and exhibition of his certificate of vaccination and on making and subscribing to an affidavit of such loss, receive a duplicate tag for the remaining portion of the licensing period for which the original dog tag was issued. Duplicate metal license tags may be obtained for any valid license for which current fees have been paid upon payment of an additional charge which shall be established by a resolution of the City Council. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 4087, 1980; Ord. 3744 §9, 1975; prior Code §5.34.)
6.12.150 Exemptions from Chapter.
The provisions of Sections 6.12.050 to 6.12.140 shall not apply to dogs owned by or in charge or care of persons who are (i) non-residents of the City and (ii) traveling through the City or temporarily residing therein for a period not exceeding thirty (30) days, nor to dogs temporarily brought into the City for the exclusive purpose of entering the same in a bench show or dog exhibition. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3597, 1973.)
6.12.160 Guard Dog.
A. GUARD DOG. Any dog kept, used or maintained to guard, protect, patrol or defend any property, premises or person within the City limits.
B. NOTICE AND SIGNS. No person shall keep, use or maintain any guard dog unless the premises are posted to warn of a guard dog on the property. The warning shall consist of a sign placed at each entrance and exit to the property in a position to be legible from the sidewalk or ground level adjacent to the sign. If the property is not enclosed by a wall or fence, a sign shall be placed at every entrance and exit to each structure on the premises. Each sign shall measure at least 10" x 14" and shall contain block lettering on a white background stating "Warning Guard Dog on Duty". In addition, the sign shall set forth the name, address and telephone number of the person or persons to be notified during any hour of the day or night who will proceed immediately to the location to permit entry by the Animal Control Supervisor or any animal control officer. A copy of such information shall also be delivered to the Animal Control Supervisor.
C. LICENSE. No person shall keep, use or maintain a guard dog on any premises unless each dog has its license tag securely affixed to its collar or harness.
D. TETHER REQUIREMENTS. No person shall keep, use or maintain any guard dog on any property or premises used for commercial or industrial purposes during business hours unless such guard dog is confined to a completely enclosed pen, is maintained by a tether not longer than five (5) feet or is confined to an area away from contact by persons authorized to be on the property or premises. (Ord. 4621, 1990; Ord. 4460, 1987.)
6.12.170 Dogs in Vehicles.
A. No person shall transport or carry on any public street any dog in any unenclosed portion of a motor vehicle unless the dog is protected by a cage, pen or crosstie which will prevent the dog from falling from, being thrown from, or jumping from the motor vehicle.
B. No person shall leave a dog in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the dog's health or welfare.
C. No person shall leave a dog in an unattended motor vehicle without assuring that the dog cannot escape or bite persons passing by the vehicle. (Ord. 4621, 1990; Ord. 4460, 1987.)
Chapter 6.16
RABIES
Sections:
6.16.010 Suspicion - Report to County Health Officer.
6.16.020 Suspicion - Inspection on Private Property.
6.16.030 Disposal - Laboratory Specimens - Cost.
6.16.040 Quarantine - Confinement Specified.
6.16.050 Reports of Animal Biting - Isolation - Release - Cost.
6.16.055 Failure to Isolate or Surrender Biting Animal.
6.16.060 Redemption of Animals Free of Rabies - Disposition of Unclaimed Animals.
6.16.070 Vaccination - Required.
6.16.080 Vaccination - Certificate of Vaccination Issued to Owner.
6.16.010 Suspicion - Report to County Health Officer.
Whenever the owner or person having the custody or possession of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of such animal shall immediately notify the County Health Officer. The County Health Officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by such veterinarian. Such animal shall be kept isolated in a pound, or veterinary hospital, in a manner approved by the local County Health Officer. If after ten (10) days there are no symptoms of rabies, such animal may be released. The County Health Officer shall destroy any animal exhibiting signs of rabies. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §12, 1975; Ord. 3127 §2, 1966; Ord. 2715 §8, 1959; prior Code §5.36.)
6.16.020 Suspicion - Inspection on Private Property.
The County Health Officer is hereby authorized and empowered to enter upon private property where any dog or other animal is kept or believed by him to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §12, 1975; prior Code §5.37.)
6.16.030 Disposal - Laboratory Specimens - Cost.
If any rabid animal, clinically suspected rabid animal or biting animal dies or has been destroyed, adequate specimens shall be obtained and examined in a Public Health laboratory approved by the State Health Department. All costs incurred shall be paid by the owner of the animal. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 2715 §9, 1959; prior Code §5.38.)
6.16.040 Quarantine - Confinement Specified.
If, in the opinion of the County Health Officer, an outbreak of rabies appears imminent in any part of the City, the County Health Officer may, (i) establish a rabies quarantine area, which may include the entire City, and (ii) specify the animals subject to quarantine. Every person owning or having possession or control of any such animal in any quarantine area shall at all times keep the animal securely fastened with a rope, chain, or leash, or confined within the private property of the owner. Any animal found at large in or upon any place in a rabies quarantine area shall be captured and confined in the animal control facility until the animal is established as being free from rabies, at which time it may be reclaimed by its owner, upon payment of such fees as are provided by resolution of the City Council. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §12, 1975; Ord. 2715 §10, 1959; prior Code §5.39.)
6.16.050 Reports of Animal Biting - Isolation - Release - Cost.
Any person owning, possessing or harboring any animal that bites any person, and any person bitten by such animal, shall report the same to the Police Department. The Police Department upon the receipt of such report shall investigate and inform the Animal Control Supervisor or designated animal control officer and the County Health Officer of the available information concerning such bite. The Animal Control Supervisor or designated animal control officer shall take custody of and isolate all such biting animals. Currently licensed and vaccinated dogs shall be isolated for up to ten (10) days in a manner prescribed by the County Health Officer. All other biting animals shall be isolated in an animal control facility or veterinary hospital for up to ten (10) days after infliction of bite. A biting dog may be released by the veterinarian after five (5) or more days of isolation, if the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. All dogs shall be vaccinated and licensed before release. All costs incurred shall be paid by the owner of the animal. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §12, 1975; Ord. 3127 §3, 1966; Ord. 2715 §11, 1959; prior Code §5.40.)
6.16.055 Failure to Isolate or Surrender Biting Animal.
It shall be unlawful for an owner or person having the custody or possession of an animal to fail to isolate an animal in the manner required by the Animal Control Supervisor, designated animal control officer, or County Health Officer pursuant to §6.16.050. It shall be unlawful for an owner or person having the custody or possession of an animal to fail to surrender to the Animal Control Supervisor, designated animal control officer, or County Health Officer any animal required to be taken up and isolated by the Animal Control Supervisor, designated animal control officer, or County Health Officer pursuant to §6.16.050. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3995, 1979.)
6.16.060 Redemption of Animals Free of Rabies - Disposition of Unclaimed Animals.
In the event that an animal appears to be free from rabies following capture and the owner desires to claim the animal, it shall be returned to him upon exhibition of a proper certificate of vaccination, receipt of an official license tag, and upon payment of all impound fees and such other fees as are hereafter provided in this Chapter. In the event the owner does not claim the animal within three (3) days after seizure and in the event that the City continues to hold the possession, the City may deliver the dog to another person desiring the animal, upon the same conditions outlined above; or the City may otherwise dispose or destroy the dog in a humane manner. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Prior Code §5.41.)
6.16.070 Vaccination - Required.
It is unlawful for any person owning, harboring or having the care, custody or possession of any dog to keep or maintain such dog in any place in the City, unless such dog has been vaccinated with canine anti-rabies vaccine, by a method approved by the County Health Officer. The effective duration of immunity elicited in dogs vaccinated with canine anti-rabies vaccines, modified live-virus chick embryo origin or with brain-tissue killed virus phenolized or other, recognized for the purpose of this Chapter, shall be specified by the County Health Officer, but shall not in any event exceed those periods recommended by the State Health Department and duly endorsed by the Conference of Local County Health Officers of the State. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §12, 1975; prior Code §5.19.)
6.16.080 Vaccination - Certificate of Vaccination Issued to Owner.
The licensed veterinarian vaccinating a dog shall issue to the owner or person in possession of the dog a certificate of vaccination which shall include a statement as to the type, lot, number and amount of canine anti-rabies vaccine used in vaccinating the dog. The County Health Officer, subject to the approval of the City Administrator, may establish dog vaccination clinics. At such clinics there will be a fee for each dog vaccinated. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §§12, 13, 1975; prior Code §5.20.)
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