HomeMy WebLinkAboutCC 2025-04-08_10a AGMC Amendment to Title 6 Animals
Item 10.a.
MEMORANDUM
TO: City Council
FROM: Michael T. Martinez, Chief of Police
BY: Zak Ayala, Police Commander
SUBJECT: Amendments to Title 6 (Animals) of the Arroyo Grande Municipal Code
DATE: April 8, 2025
RECOMMENDATION:
1) Adopt an Ordinance amending Title 6 (Animals) of the Arroyo Grande Municipal Code,
titled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,
CALIFORNIA, AMENDING TITLE 6 (ANIMALS) OF THE MUNICIPAL CODE TO ADOPT
AND INCORPORATE BY REFERENCE SAN LUIS OBISPO COUNTY CODE TITLE 9
(ANIMALS) AND TO RETAIN CERTAIN CITY REQUIREMENTS REGARDING
ANIMALS”; and
2) Find that the ordinance is exempt from the California Environmental Quality Act
(CEQA) because it will not result in a direct, or reasonably foreseeable indirect, physical
change in the environment (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378.).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
The City of Arroyo Grande’s animal control regulations, set forth in Title 6 of the Arroyo
Grande Municipal Code (AGMC), guide the administration of animal control services
within the City.
In 2023, City staff worked with staff from other cities within San Luis Obispo County (the
“County”) and County staff to review and develop consistent and uniform city ordinances
and county regulations regarding animals. As a result of this work, uniform County Code
Title 9 regulations were developed to allow consistent enforcement across the County
and its cities. The County has asked each city that contracts with the County to adopt the
County’s Title 9 regulations by reference into their Municipal Code to streamline and
simplify the enforcement of animal control consistently.
Page 91 of 220
Item 10.a.
City Council
Amendments to Title 6 (Animals) of the Arroyo Grande Municipal Code
April 8, 2025
Page 2
By adopting Title 9 of the County Code by reference, many current Arroyo Grande
municipal code provisions in Title 6 (Animals) will be duplicates. As a result, staff is
recommending an overhaul of the current AGMC Title 6 and the ad option of a new
ordinance in its place (Attachment 1) that will incorporate the San Luis Obispo County
Title 9 regulations by reference.
The City will retain all current AGMC provisions that are not currently represented in Title
9, resulting in no significant changes to the current animal control rules and regulations,
but will provide future efficiencies should the County make further updates to Title 9.
ANALYSIS OF ISSUES:
Title 9 of the County Code establishes rules and regulations related to the care ,
management, and keeping of animals within the County. Additionally, it establishes the
County Division of Animal Services’ role, responsibility, and authority in the enforcement
of those codes. The last substantial revisions to the County’s Animal Contro l Code
occurred in 1998.
Since that time, standards and expectations with regard to animal care and control have
evolved, leaving some of the code’s provisions outdated and inconsistent with currently
recognized best practices. Beyond addressing omissions and additions, the County Code
revisions clarified existing language, resolved conflicting provisions, eliminated
redundancies, and provided continuity between Title 9 and other sections of the County
Code.
The AGMC contains the rules and regulations related to animal regulations in the City.
Animal Control Officers from the County are tasked with enforcing the regulations of each
contract city in the County, creating the potential for a confusing mix of numerous
municipal codes, combined with the County Code, that required research and analysis,
depending on which jurisdiction they were currently responding to for a call for service.
Requiring each city that contracts with the County to adopt Title 9 of the County Code
provides a standardized set of regulations that can be more easily enforced and create
continuity throughout the County while still allowing each city to keep additional
regulations that are not contained in Title 9.
Should the City adopt the County Code by reference, Chapters 6.04 (Definit ions), 6.08
(Administration and Enforcement), 6.12 (Animal Control Regulations Generally), 6.16
(Dogs and Cats), 6.20 (Pet Shops and Other Animal Use Operations) of the AGMC will
be repealed in their entirety.
In order to keep current animal regulations that are unique to the City in place, the
following AGMC sections will be retained in a substantially similar form as they are not
prohibited actions identified in the County Code:
• AGMC Chapter 6.24 Apiaries.
Page 92 of 220
Item 10.a.
City Council
Amendments to Title 6 (Animals) of the Arroyo Grande Municipal Code
April 8, 2025
Page 3
• 6.24.010 – General requirements.
• 6.24.020 – Enforcement of provisions.
Pursuant to Government Code sections 36934 and 36937, ordinances are “introduced”
by a first reading at a City Council meeting, “passed” (i.e. approved) at a later City Council
meeting by conducting a second reading, and then take effect 30 days after passage.
At a public hearing on March 25, 2025, the City Council introduced and supported the
Ordinance as proposed. The Ordinance amendments are now ready for adoption. The
Ordinance amendments will become effective thirty (30) days after adoption.
ALTERNATIVES:
1. Adopt the Ordinance as proposed;
2. Modify the Ordinance amendments and direct staff to return at a future public
hearing to introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
Adopting the Ordinance amendment will streamline processes and provide continuity with
County Animal Control Services for animal services enforcement across the County and
in the City.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (“CEQA”) does not apply to the recommended
action in this report. This proposed Ordinance is not a “project” subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in a direct or
indirect physical change in the environment (State CEQA Guidelines, §§ 15060 (c)(2) and
(3), 15378.) The sole effect of the proposed Ordinance is to adopt newly enacted and
uniform animal regulations in consultation with the County of San Luis Obispo.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. The public hearing on this item was noticed in
accordance with Government Code Section 50022.3.
ATTACHMENTS:
1. Proposed Ordinance amending Title 6 (Animals)
2. AGMC Title 9 Comparison
3. List of Title 9 not in AGMC
4. Proposed Arroyo Grande Municipal Code
5. Current Arroyo Grande Municipal Code
Page 93 of 220
Item 10.a.
City Council
Amendments to Title 6 (Animals) of the Arroyo Grande Municipal Code
April 8, 2025
Page 4
6. Current Title 9 San Luis Obispo County Code
Page 94 of 220
ATTACHMENT 1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, AMENDING TITLE 6 (ANIMALS) OF THE
MUNICIPAL CODE TO ADOPT AND INCORPORATE BY REFERENCE SAN
LUIS OBISPO COUNTY CODE TITLE 9 (ANIMALS) AND TO RETAIN
CERTAIN CITY REQUIREMENTS REGARDING ANIMALS
WHEREAS , on January 24, 1961, the City Council of the City of Arroyo Grande adopted
the first animal regulation ordinance; and
WHEREAS , the City’s animal regulations ordinance has been periodically updated, but
largely remained true to the original adoption; and
WHEREAS , in conjunction with staff members from each of the cities in San Luis Obispo
County and San Luis Obispo County Animal Services, staff developed new San Luis
Obispo County Code Title 9 Animal Regulations for consistency within each community;
and
WHEREAS , staff has prepared and presented a new Arroyo Grande Municipal Code
Animal Regulations Ordinance incorporating the San Luis Obispo County Title 9 Animal
Regulations to consider for adoption; and
WHEREAS , in accordance with Government Code section 50020 et seq., the City, after
the first reading of the title of the adopting ordinance and of the title of the code to be
adopted, will schedule a public hearing thereon. Notice of the hearing shall be published
pursuant to Section 6066 in a newspaper of general circulation in or nearest to the
adopting local agency. If there is no such newspaper in the county the notice shall be
posted in the same manner as provided for the posting of a propose d ordinance. The
notice shall state the time and place of the hearing. It shall also state that copies of the
primary code and also copies of the secondary codes, if any, being considered for
adoption, are on file with the clerk of the legislative body, and are open to public
inspection. The notice shall also contain a description which the legislative body deems
sufficient to give notice to interested persons of the purpose of the ordinance and the
subject matter thereof.
WHEREAS , all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION . Title 6 of the Arroyo Grande Municipal Code (Animal
Regulations) is amended in its entirety to read as outlined in Attachment 4, attached
hereto as Exhibit A, and incorporated by reference.
Page 95 of 220
ORDINANCE NO.
PAGE 2
SECTION 2. The Animal Regulations of San Luis Obispo County Title 9, as set forth within
Attachment 6, are approved and adopted as further outlined in Attachment 4.
SECTION 3. ENVIRONMENTAL . The California Environmental Quality Act (“CEQA”)
does not apply to the recommended action in this report. This proposed Ordinance is not
a “project” subject to the California Environmental Quality Act (“CEQA”) because it ha s
no potential to result in a direct or indirect physical change in the environment (State
CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378.) The sole effect of the proposed
Ordinance is to adopt newly enacted and uniform animal regulations in consultation with
the County of San Luis Obispo.
SECTION 4. CONFLICTING PROVISIONS. All ordinances and parts of ordinances in
conflict with those sections amended or added therein are hereby repealed.
SECTION 5. PUBLICATION . A summary of this Ordinance shall be published in a
newspaper published and circulated in the city of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be poste d in the office of the City
Clerk. Within 15 days after the adoption of the ordinance, the summary with the names
of those City Council members voting for and against the ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
ordinance.
SECTION 6. EFFECTIVE DATE . This Ordinance shall take effect after the public hearing
required under Government Code Section 50022.3 and second reading. When the
County Code changes in the future, those amendments will become effective on the same
date.
SECTION 7. SEVERABILITY. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable, or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person
or circumstance, and, to that end, the provisions hereof are severable. The City Council
declares that it would have adopted all the provisions of this Ordinance that remain valid
if any provisions of this Ordinance are declared invalid.
SECTION 8. RECORDS. The documents and materials associated with this Ordinance
that constitute the record of proceedings on which the City Council’s findings and
determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA 93420.
The City Clerk is the custodian of the record of proceedings.
On motion of ____________, seconded by ____________, and on the following rol l call
vote, to wit:
Page 96 of 220
ORDINANCE NO.
PAGE 3
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ________ day of _________, 2025.
Page 97 of 220
ORDINANCE NO.
PAGE 4
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 98 of 220
CITY CODE TITLE COUNTY CODE TITLE VARIANCES COMMENTS
6.04.010 Definitions 9.01.003 Definitions Some variation in definitions. County code is more
expansive.
Absence of some definitions may leave question about
interpretation or applicability.
6.08.010 Establishment of a public pound 9.01.004 Establishment of a public pound
6.08.020 Animal control officer - Duties 9.01.005 Chief animal control officer County code establishes some additional administrative /
operational responsibilities for the CACO
6.08.030 Animal control officer - Citation authority -
Authority to carry weapons
9.01.006 Animal control officers - Citation authority County code does not articulate authority for animal
control officers to carry firearms
Authority for animal control officers to carry firearms
established under state law
6.08.040 Badges
6.08.050 Record of Department 9.01.010 Record of division
6.08.060 Fees 9.01.011 Fees City code directs fees to be established by city council. In
actuality, as county operation Animal Services fees are set by
Board of Supervisors
6.08.070 Interference with performance of duties 9.01.007 Interference with performance of duties
6.08.080 Violation of written order 9.01.008 Violation of order
6.08.090 Violation of Quarantine 9.08.007(f)Isolation of biting and rabies exposed
animals
Violation of quarantine is more substantially addressed in the
California state H&S codes
6.08.100 Violation - Infraction 9.01.012 Violation County code defines each day of occurrence as a new violation
6.08.110 Duty of department to patrol and enforce
regulations
9.01.005(b)(1)Chief animal control officer
6.12.010 Unnecessary noise 9.02.005 Unnecessary noise County code includes provision for establishment of
primae facia standard for code violation
6.12.020 Abatement of noise or nuisance 9.02.006 Investigation and abatement of noise or
nuisance
6.12.030 Owner's responsibility to dispose of dead
dogs, cats, and household pets
9.02.011 Owner's responsibility to dispose of dead
dogs, cats and household pets
6.12.040 Disposition of dead dogs, cats, and
household pets upon request
9.02.012 Disposition of dead dogs, cats, and
household pets upon request
6.12.050 Animals and poultry at large 9.02.001 Animals at large
6.12.070 Care of animals while impounded Requirements to provide appropriate care for impounded
animals are established under state codes
6.12.080 Reporting of bites 9.08.005 Reporting of bites
6.12.090 Symptoms of rabies 9.08.008 Suspicion of rabies
6.16.010 Limitation on number of dogs 9.03.002 Animal keeping limitations - Dogs and cats
6.16.020 Limitation on number of dogs 9.03.002 Animal keeping limitations - Dogs and cats
6.16.030 Stray dogs defined 9.01.003 Definitions
6.16.040 Leash law 9.03.005 Leash law
No equivalent
AGMC 6.16 DOGS AND CATS
COMPARISON OF COUNTY TITLE 9 AND ARROYO GRANDE TITLE 6 PROVISIONS
AGMC 6.04 DEFINITIONS
AGMC 6.08 ADMINISTRATION AND ENFORCEMENT
No equivalent
AGMC 6.12 ANIMAL CONTROL REGULATIONS GENERALLY
6.12.060 Unsanitary conditions for animals, animal
waste and water quality
9.02.004 Unsanitary conditions prohibited County code has some reference to animal waste impact
on run off waters. However, city code has extensive
reference to CCRWQCB findings and response. If deemed ATTACHMENT 2Page 99 of 220
6.16.050 Duty of department to seize and impound
stray dogs
9.03.006 Duty of division to seize and impound dogs
roaming at large
6.16.060 Dogs running at large 9.03.007 Dogs upon private property
6.16.070 Delivery to department by private person 9.04.001 Private individuals finding lost animals
6.16.080 Notice of impounded dogs 9.04.002 Notice of impoundment and holding period
6.16.090 Redemption of impounded dogs 9.04.004 Redemption of impounded dogs
6.16.100 Redemption fees 9.04.008 Impound fees
6.16.110 Sale, gift or destruction of dogs 9.04.009 Adoption of unredeemed animals
9.04.010 Euthanasia of animals
6.16.120 Veterinarian determination for injured dogs
and cats
Requirements for veterinary evaluation and treatment of found
animals are established under state code.
6.16.130 Injured and diseased dogs and cats Requirements for veterinary evaluation and treatment of found
animals are established under state code. Provisions for
professional judgement regarding necessity of euthanasia are
also established.
6.16.140 Biting dogs 9.08.006 Biting animals - Penalty
6.16.150 Impounding biting dogs 9.08.007 Isolation of biting and rabies exposed
animals
6.16.160 Dog registration and licenses 9.07.001 Dog license - Required
6.16.170 Dogs - Vaccination required 9.07.003 Dog license - Vaccination required Requirement to vaccinate dogs independent of license status is
established under state code
6.16.180 No licensing without vaccination 9.07.003 Dog license - Vaccination required
6.16.190 Vaccination performance 9.08.004 Rabies vaccination - Administration,
certificates, and reporting
6.16.200 Rabies deposit fee required
6.16.210 Registration record Code requirement unnecessary. This information is captured,
recorded and preserved automatically as a part of the licensing
process.
6.16.220 Dog license tags 9.07.006 Dog license tags
6.16.230 Licensing of dogs Provisions defining the duration, validity dates, and related
parameters established by state code.
6.16.240 License fees 9.07.008 License fees
6.16.250 Lost or damaged tag Replacement tags are provided as a routine business practice
6.16.260 License exemptions 9.07.002 Dog license - Exemptions
6.16.270 License fee exceptions 9.07.009 License fee - Waived County code also provides for fee waiver for service
animals and dogs utilized by military or public safety
agencies.
6.16.280 Failure to pay license fee or provide
information
Unnecessary. Failure to remit payment results in dog being
unlicensed which is already established as a violation under
9.07.001
6.16.290 Counterfeiting 9.07.010 Counterfeiting
6.16.300 Duty of department to accept abandoned
cats
This code requires Animal Services to impound healthy stray
cats. That practice has been found to be ineffective at
controlling stray cat populations and leads to significantly high
numbers of euthanasia. It is discouraged by industry leaders
including HSUS, ASPCA, American Assn of Shelter
Veterinarians, and others. Efforts to promote SNR programs
have largely supplanted this practice.
No equivalent
No equivalent
No equivalent
No equivalent
No equivalent
No equivalent
No equivalent
No equivalentPage 100 of 220
6.16.310 Cats at large This code requires Animal Services to impound healthy stray
cats. That practice has been found to be ineffective at
controlling stray cat populations and leads to significantly high
numbers of euthanasia. It is discouraged by industry leaders
including HSUS, ASPCA, American Assn of Shelter
Veterinarians, and others. Efforts to promote SNR programs
have largely supplanted this practice.
6.16.320 Delivery of cats to department by private
persons
This code requires Animal Services to impound healthy stray
cats. That practice has been found to be ineffective at
controlling stray cat populations and leads to significantly high
numbers of euthanasia. It is discouraged by industry leaders
including HSUS, ASPCA, American Assn of Shelter
Veterinarians, and others. Efforts to promote SNR programs
have largely supplanted this practice.
6.16.330 Redemption of impounded cats 9.04.004 Redemption of impounded animals
6.16.340 Sale, gift, or destruction of cats 9.04.009 Adoption of unredeemed animals
6.16.350 Impounding biting cats 9.08.007 Isolation of biting and rabies exposed
animals
6.20.010 Animal use operation - Pet Shop -
Regulations
9.06.001 Commercial Animal Operation - Permit
required
6.20.020 Requirements of business license 9.06.004 Business license required
6.20.030 Animal use operation and pet shop permits -
Refusal, suspension or revocation
9.06.006 Commercial Animal Operation permit -
Issuance, suspension and revocation
City code provides holder of revoked or denied permit to a
departmental administrative hearing; County code
provides for administrative hearing with additional
allowance for appeal to Board of Supervisors
6.24.010 General requirements Can be included as an addendum following section adopting T9
by reference
6.24.020 Enforcement of provisions Can be included as an addendum following section adopting T9
by reference
9.01.001 Division of Animal Services Established Administrative provision. Officially establishes Animal Services
as a Division within county operations
9.01.002 Rules and Regulations Administrative provision. Empowers Chief animal control
officer to promulgate and enforce rules and regulations.
9.01.003 Definitions City code included definition section. County code definitions
is a more exhaustive list.
9.01.009 Impersonation of animal control officer -
Prohibited
Establishes impersonation of ACO as a misdemeanor violation.
9.02.002 Unauthorized feeding or attraction of
animals prohibited
Prohibits individuals from leaving food for animals on property
which they do not possess or control. In application will allow
for unregulated feeding of feral cat colonies and the creation of
public nuisances.
9.02.003 Animal wastes - Duty to remove Establishes a "pooper scooper law"
AGMC 6.20 PET SHOPS AND OTHER ANIMAL USE OPERATIONS
AGMC 6.24 APIARIES
No equivalent
No equivalent
COUNTY TITLE 9 PROVISIONS WITHOUT MUNICIPAL EQUIVILENT
No equivalent
No equivalent
Page 101 of 220
9.02.007 Menacing and aggressive animals Requires owners/keepers of aggressive animals to keep them
securely confined. Establishes penalty for owner/keeper of
aggressive animal which attacks and injures another animal off
of the owner's property.
9.02.008 Animals designated as potentially
dangerous or vicious
Directs that restrictions and controls placed on dangerous or
aggressive animals by another jurisdiction are equally in force if
the animal is relocated into SLO County.
9.02.009 Possession of unsafe and wild animals
prohibited
Prohibits the keeping of certain animals which pose potential
public safety risks such as wolf hybrids, poisonous snakes,
giant snakes (>10ft long at adulthood), etc.
9.02.010 Injury to animals by motorists - Duty to stop
and assist
Requires motorist who strike a domestic animal to stop and
notify Animal Services or LE, &/or transport animal to vet.
9.03.001 Microchipping required Requires adult dogs and cats to be implanted with a microchip
device.
9.03.004 Cats at large Requires all cats allowed to roam at large to be spayed or
neutered. Allows finders of unaltered animals to have them
spayed or neutered at their own expense.
9.04.005 Vaccination and medical treatment of
impounded animals authorized
Specifically allows Animal Services to provide basic
preventative vaccinations and routine medical treatment to
impounded animals
9.04.006 Holding period - Household pets Establishes a minimum holding period for impounded pets
9.04.007 Holding period - Livestock Establishes a minimum holing period for impounded livestock
9.05.001 Animal breeding - Permit required Requires a permit to breed and offer for sale household pets.
Depending on scale, can be obtained as a Hobby Breeder or a
Commercial permit.
9.05.002 Advertisement of animals for sale Requires the inclusion of the permit number in any
advertisement offering animals for sale.
9.05.003 Hobby Breeder permit - Inspection required Establishes site inspection as a criteria for issuance of a Hobby
Breeder permit.
9.05.004 Hobby Breeder permit - Issuance and
revocation
Establishes procedures for the issuance and revocation of
Hobby Breeder permits
9.05.005 Hobby Breeder permit - Term, fee, and
delinquency
Establishes term, fee assessment, and late fees for Hobby
Breeder permits
9.05.006 Report of Animal Sales Requires animal breeders to report the number of litters and
animal sales.
9.06.002 Commercial Animal Operation permit -
Operational standards
Requires Animal Services to establish minimum operational
standards for Commercial Animal Operations.
9.06.003 Commercial Animal Operation permit -
Inspection required
Establishes site inspection as a criteria for issuance of a
Commercial Animal Operation permit.
9.06.005 Emergency notification Requires Commercial Animal Operations to post emergency
contact information
9.06.007 Commercial Animal Operation permit -
Appeal of denial, suspension, or revocation
Establishes procedures for the appeal of commercial permit
suspension or revocation
9.06.008 Commercial Animal Operation permit -
Term, fee, delinquency, fee exemption
Establishes term, fee assessment, and late fees for
Commercial Animal Operation permitsPage 102 of 220
ATTACHMENT 3
LIST OF SAN LUIS OBISPO COUNTY TITLE 9 REGULATIONS NOT
CURRENTLY CONTAINED IN AGMC TITLE 6
Chapter 9.01 - GENERAL PROVISIONS
9.01.001 - Division of animal services established.
There is hereby established a division of animal services which shall function as a
division of the county health agency.
(Ord. No. 3498, 11-7-23)
9.01.002 - Rules and regulations.
The chief animal control officer is hereby authorized to promulgate and enforce such
rules or regulations consistent with the purposes, intent, and express terms of this title
as he deems necessary to implement such purp oses, intent and express terms.
9.01.003 - Definitions.
9.01.009 - Impersonation of animal control officer—Prohibited.
It is unlawful for any person who has not been designated to the position of animal
control officer as provided in Section 9.01.004, to represent himself or herself to be, or
to attempt to act as an animal control officer. Any person who violates this section is
guilty of a misdemeanor.
9.02.002 - Unauthorized feeding or attraction of animals prohibited.
It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other
similar attractant for an animal in any public park, plaza , woodland, other public place,
or upon the private property of another person without the express consent and
authorization of the property owner or tenant.
(Ord. No. 3498, 11-7-23)
9.02.003 - Animal wastes—Duty to remove.
Every person having custody or control of a dog or cat shall promptly remove and
dispose of, in a sanitary manner, all feces and other solid waste left by such animal in
any public area or on any private property other than that of the animal's owner or
keeper.
(Ord. No. 3498, 11-7-23)
9.02.007 - Menacing and aggressive animals.
Page 103 of 220
ATTACHMENT 3
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing
animal which threatens, harasses, or intimidates a person who is peaceably and lawfully
upon public or private property, unless it is contained in an enclosure of a construction
adequate to keep it securely confined and prevent its escape.
(b) Upon notification of a violation of subsection (a), the animal owner(s) must
immediately confine it to an enclosure or location that mitigates the aggressive and
menacing behavior.
(c) It is unlawful for any person to permit any animal owned, harbored, or controlled by
him or her to attack and cause severe bodily injury or death to another domestic or
captive animal while off the property of its owner or keeper.
(d) Li ability of Property Owners.
(1) Owners of properties upon which a tenant keeps, harbors, or maintains any
aggressive or menacing animal may, along with the animal owner(s), be jointly and
severally liable for penalties related to violations of subsection (a), provided that they
have received at least fourteen days prior written notice of the existence of such
violation and the violation has not been abated.
(Ord. No. 3498, 11-7-23)
9.02.008 - Animals designated as potentially dangerous or vicious.
(a) Any animal designated under the provisions of another municipal, county, or state
law as potentially dangerous, vicious, or their respective equivalent shall be considered
so designated within the County of San Luis Obispo as well.
(b) Any and all terms or restrictions related to the keeping, confinement, a nd care of the
animal issued in association with that designation shall be fully and equally in force
within the county.
(Ord. No. 3498, 11-7-23)
9.02.009 - Possession of unsafe and wild animals prohibited.
It is unlawful for any person to own, keep, maintain, or possess any animal which is wild
by nature and which, because of its size, disposition, or other characteristics could
constitute a danger to human life or property.
(a) Such animals shall include, but are not necessarily limited to, the following:
(1) Mammals:
Page 104 of 220
ATTACHMENT 3
a. Any canine other than a member of the species Canis familaris (domestic dog),
including wolves, coyotes, foxes, jackal, or any hybrid thereof.
b. Any feline other than a member of the species Felis catus (domestic cat), including
mountain lions, bobcats, tiger, or any hybrid thereof.
c. Hyenas, bears, elephants, and primates.
(2) Reptiles:
a. Any species of front fanged veno mous snake, or hybrid thereof.
b. Any venomous species of Heloderma.
c. Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake
which commonly exceeds ten feet in length at adulthood.
d. Any crocodile or alligator.
(3) Any other terrestrial animal species, except for honey-producing bees, which is
venomous to human beings, whether its venom is transmitted by bite, sting, touch or
other means.
(b) This prohibition shall not apply to:
(1) Livestock;
(2) Any member of the follo wing taxonomic groups:
a. Aves (birds);
b. Equidae (horses, asses, and zebras);
c. Camelidae (camels, llamas, alpacas);
d. Ruminatia (Oxen, bison, deer, antelope, chevron).
(3) Any wild and dangerous animal being transported through the county provide d that
the possessor is in compliance with all state and federal laws related to the keeping,
possession, and transport of such animals, and provided that the animal does not
remain within the county for more than twenty-four hours;
(4) Any zoo, circus, museum, educational or academic research institution, veterinary
hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial
film or video production company provided that the animals are kept and confined in a
manner which precludes their escape and which fully protects the public from harm.
Page 105 of 220
ATTACHMENT 3
(Ord. No. 3498, 11-7-23)
9.02.010 - Injury to animals by motorists—Duty to stop and assist.
(a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or
kills any domestic animal on any public roadway shall:
(1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided
that this can be done without the operator placing himself at unreasonable risk; and
(2) Contact the animal's owner, if known, or the animal services division, highway patrol,
or the sheriff's or police department with jurisdiction, and rep ort the location and facts of
the incident, including their name and contact information; and
a. Remain at the scene until the owner, appropriate law enforcement or animal control
authority arrives or until otherwise dismissed by that authority; or
b. In the case of an animal which is injured and not dead, the operator may immediately
transport the animal to a veterinarian for treatment.
(b) This section shall not apply to public safety officers or emergency response
personnel if the vehicle they were op erating was responding to an emergency situation
at the time the animal was struck.
(Ord. No. 3498, 11-7-23)
Chapter 9.03 - DOGS AND CATS
9.03.001 - Microchipping required.
(a) All dogs and cats over the age of four months must be implanted with an identifying
microchip.
(b) This provision shall not apply to:
(1) Dogs or cats for which a veterinarian licensed to practice within the state o f
California has issued a certificate indicating that such procedure would pose a serious
risk to the health or life of the animal. Such certificate shall be issued in a form as
prescribed by the division.
(2) Dogs or cats over eight years of age on Janua ry 1, 2022.
(c) Any dog or cat without a microchip impounded by the division shall be microchipped
prior to redemption or adoption.
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ATTACHMENT 3
(Ord. No. 3498, 11-7-23)
9.03.002 - Animal keeping limitations —Dogs and cats.
(Ord. No. 3498, 11-7-23)
9.03.004 - Cats at large.
(a) No person shall permit any unaltered cat owned, harbored, or controlled by him to
roam at large.
(b) Any person finding a cat roaming at large may, at their own expense, have that
animal spayed or neutered by a veterinarian.
(Ord. No. 3498, 11-7-23)
(Ord. No. 3498, 11-7-23)
9.04.005 - Vaccination and medical treatment of impounded animals authorized.
The division is hereby authorized to administer to any impounded animal such
vaccinations, preventative medical treatment, or parasite controls as may be deemed
necessary to promote the health and welfare of the animal or of other impounded
animals. The cost for the administration of such medications or treatment may be
included in the calculation and assessment of impound fees.
(Ord. No. 3498, 11-7-23)
9.04.006 - Holding period—Household pets.
(a) Unless otherwise specified within this title or by California state code, any household
pet impounded under the provisions of this title shall be held by the division and kept
available for owner redemption for a period of no less than three business d ays, not
including the day of impoundment.
(b) Calculation of the holding period for animals impounded with current identification as
defined by Section 9.01.003(v) shall commence upon notification to the owner or
custodian of the impoundment. If such notification is not made, the holding period for
such animals shall be no less than seven calendar days.
(c) Any animal surrendered to the division by its lawful owner may, at the division's
discretion, be made immediately available for adoption.
(Ord. No. 3498, 11-7-23)
9.04.007 - Holding period—Livestock.
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ATTACHMENT 3
(a) The division shall immediately notify the office of the California State Secretary of
Agriculture and provide a description of any impounded bovine, horse, mule, or burro
having been found at large.
(b) Any livestock ani mal found at large shall be held by the division and kept available
for owner redemption for a period of no less than ten business days, not including the
day of impoundment.
(c) The division may authorize an individual finding any livestock animal other than a
bovine roaming at large to maintain custody of the animal pending identification of the
owner, provided they keep it adequately confined and provided with appropriate care. If
the owner is not identified after thirty days, the finder may establish o wnership of the
animal as provided in Section 9.04.009. The individual finding the animal roaming at
large may at any time turn such animal over to the division.
(Ord. No. 3498, 11-7-23)
Chapter 9.05 - ANIMAL BREEDING AND SALES
9.05.001 - Animal breeding —Permit required.
(a) No person, firm, corporation, or association shall breed with the intent to sell, nor
offer for sale, any animal of a type normally kept as a household pet without having first
obtained the appropriate permit from the division.
(1) In the event that the breeding operation qualifies as a hobby breeder under the
definitions of this title, the permit type issued shall be that of a hobby breeder permit.
(2) All other breeding operations shall be permitted as a commercial animal operation.
(b) Application, approval, and maintenance of this permit shall be independent of, and in
addition to, any other permits required by this code.
(c) Issuance of a permit under this section does not supersede, negate, or otherwise
eliminate the requirement of an animal owner or keeper to comply with all other
municipal, county and state regulations, ordinances, and laws related to the keeping,
breeding and/or sale of animals.
(Ord. No. 3498, 11-7-23)
9.05.002 - Advertisement of animals for sale.
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Any hobby breeder or commercial animal operation offering the sale of a household pet
shall include the permit number issued for that operation in any print, electronic, or other
form of advertisement.
(Ord. No. 3498, 11-7-23)
9.05.003 - Hobby breeder permit—Inspection required.
(a) The division shall conduct an inspection of the associated animal facility upon
receipt of an application for a new hobby breeder permit and from time to time as may
be deemed necessary by the chief animal control officer to ensure appropriate animal
care and management.
(b) Routine hobby breeder permit inspections may be conducted without prior
notification to the permit holder or applicant during the normal business hours of the
division.
(c) Inspections conducted in conjunction with an investigation of alleged or suspected
animal welfare concerns or permit violations may be conducted as necessary for that
purpose. (d)
Refusal of an applicant or permit holder to allow an inspection shall be grounds for
denial or revocation of the hobby breeder permit.
(Ord. No. 3498, 11-7-23)
9.05.004 - Hobby breeder permit—Issuance and revocation.
(a) An applicant shall be issued a hobby breeder permit by the chief animal control
officer upon successful completion of an inspection of the associated animal facility and
payment of any associated fees as may be established by the board of supervisors.
(b) A hobby breeder permit may be immediately denied, suspended, or revoked by the
chief animal control officer upon due investigation and determination that:
(1) The issuance of such permit creates, is likely to create, or promotes a public
nuisance; or
(2) The permit holder or applicant has failed to maintain the premises in a clean,
sanitary condition and poses an unreasonable risk to the health, safety and welfare of
the animals residing at the premises; or
(3) The permit holder or applicant has failed to provide appropriate care, housing, or
confinement for the animals in his or her keeping; or
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ATTACHMENT 3
(4) The permit holder, applicant, or other resident of the property for which the permit is
sought has been convicted of any offence involving a violation of Section 597 of the
California State Penal Code or any other equivalent municipal, county, or state law or
code.
(5) The permit holder or applicant is maintaining or breeding anim als in violation of
municipal, county, or state law or code.
(c) In the event a hobby breeder permit is suspended or revoked, the holder of the
permit shall be given an opportunity for a hearing before an impartial hearing officer
from outside of the divi sion, within forty eight business hours of the time of suspension.
Upon conclusion of the hearing, the hearing officer may decide to:
(1) Dismiss the suspension or revocation and reinstate the permit with or without
conditions; or
(2) Suspend or revoke the permit.
This hearing shall be conducted in accordance with procedures adopted by the division
and the hearing officer's decision shall be final.
(Ord. No. 3498, 11-7-23)
9.05.005 - Hobby breeder permit—Term, fee, and delinquency.
(a) Hobby breeder permits shall be issued for the calendar year, or any part thereof,
during which the operation is maintained. Each permit shall expire on December 31 of
the current year.
(b) The division may assess a fee for the issuance or the annual renewal of a hobby
breeder permit. No proration of the fee shall be made for new permit or renewal
applications submitted after January 1, provided that permits issued for new
applications submitted after October 1 shall be valid until December 31 of the following
year.
(c) A renewal application may be submitted at any time during the calendar year without
penalty, provided that such application is made prior to the breeding of the animals to
be covered by the permit. In the event that a renewal application is not submitted prior
to the breeding, the division may assess a penalty fee.
(Ord. No. 3498, 11-7-23)
9.05.006 - Report of animal sales.
Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to
the division within thirty days of the event. Such report shall i nclude:
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ATTACHMENT 3
(a) Date of sale;
(b) Species, breed, age, sex, and color of the animal; and
(c) Name and physical address of purchaser.
(Ord. No. 3498, 11-7-23)
Chapter 9.06 - COMMERCIAL ANIMAL OPERATIONS
9.06.002 - Commercial animal operation permit—Operational standards.
(a) The division shall establish minimum standards of sanitation, animal care, and
animal housing for the operation of a commercial animal facility. In the event that
another law or regulation sets forth different standards regarding the sanitation, care
and housing of animals at the facility, the more restrictive law or regulation shall control.
(b) Failure of a permit holder to correct a deficiency in operational standards upon
notification by the division constitutes an infraction.
(Ord. No. 3498, 11-7-23)
9.06.003 - Commercial animal operation permit—Inspection required.
(a) The division shall conduct an inspection of the associated animal faci lity upon
receipt of an application for a new commercial animal operation permit and from time to
time as may be deemed necessary by the chief animal control officer to ensure
appropriate animal care and management.
(b) Routine commercial animal operation permit inspections may be conducted without
prior notification during the normal business hours of the permitted animal facility.
(c) Inspections conducted in conjunction with an investigation of alleged or suspected
animal welfare concerns or permit vio lations may be conducted as necessary for that
purpose.
(d) Refusal of an applicant or permit holder to allow an inspection may be grounds for
denial or revocation of the permit.
(Ord. No. 3498, 11-7-23)
9.06.005 - Emergency notification.
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ATTACHMENT 3
The owner or operator of a commercial animal operation shall post in a conspicuous
location, where it may be seen outside the locked premises, a notice listing t he names
and telephone numbers of persons who may be contacted in the case of any
emergency.
(Ord. No. 3498, 11-7-23)
9.06.007 - Commercial animal operation permit—Appeal of denial, suspension, or
revocation.
(a) The applicant or holder of a commercial animal operation permit which has been
denied, suspended, or revoked may appeal the decision to the board of supervisors by
submitting a written request to the clerk of the board within seven days of the issuance
of such decision. The clerk shall set the matter for hearing at the earliest possible date
and shall give reasonable notice of the time and place thereof to the applicant or
permitee and to the division.
(b) The board of supervisors, or their designee, shall hear the evidence offered by the
division and by the applicant or permitee and shall forthwith decide the issue.
(c) The decision of the board of supervisors, or their designee, sha ll be final.
(Ord. No. 3498, 11-7-23)
9.06.008 - Commercial animal operation permit—Term, fee, delinquency, fee
exemption.
(a) Commercial animal operation permits shall be issued for the calendar year, or any
part thereof during which the operation is maintained. Each permit shall expire on
December 31 of the current year, provided that such permit may be renewed without
penalty on or before January 1 of the next year.
(b) The division may assess a fee for the issuance or the annual renewal of a permit
which shall be established by resolution or ordinance by the board of supervisors. No
proration of the fee shall be made for new permit or renewal a pplications submitted after
January 1, provided that permits issued for new applications submitted after October 1
shall be valid until December 31 of the following year.
(c) A penalty fee may be assessed for permit renewal applications submitted after
January 31. The penalty fee shall be established by resolution or ordinance by the
board of supervisors.
(d) Non-profit humane organization conducting a commercial animal operation are
exempt from the assessment of permit fees provided that they submit documentation of
their Internal Revenue Service designation as a 501(c)3 organization at the time of
application and that they submit their renewal application prior to January 31.
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ATTACHMENT 4
Arroyo Grande Municipal Code (PROPOSED)
Title 6 – ANIMALS
6.01.010 – Adoption and incorporation of San Luis Obispo County Animal Control Code
(Title 9)
The provisions of San Luis Obispo County Animal Control Code, Title 9, as amended
from time are adopted by reference and incorporated in their entirety as equivalent
provisions of the Arroyo Grande City Municipal Code.
To the extent any provision or provisions of the San Luis Obispo County Animal Control
Code, Title 9, as adopted, conflict with any other provision or provisions of the Arroyo
Grande City Municipal Code, the other provision of provisions of the Arroyo Grande City
Municipal Code shall take precedence.
6.01.020 – Enforcement of Animal Control provisions within the City.
The provisions of this Title are enforceable within the jurisdictional boundaries of the
City of Arroyo Grande by the County of San Luis Obispo Animal Control Officer, or
designee, pursuant to and in accordance with the terms for animal care and control
services entered into between the City of Arroyo Grande and the County of San Luis
Obispo, and by City Code Enforcement and the City Police Department
Chapter 6.24 - APIARIES
Sections:
6.24.010 - General requirements.
Every apiary situated within the city shall:
A. Be identified by having a sign permanently displayed on the entrance side of the
apiary stating in black letters, not less than one inch in height on a background of
contrasting color, the name, address, and phone number of the apiary owner and the
current active registered brand of the apiary;
B. Be located upon any land owned by a person other than the apiary owner only with
the permission, either verbal or written, of the landowner where the apiary is located;
C. Be located at least four hundred (40 0) feet away from all habitations unless the
owner of a habitation gives written permission for an apiary to be located closer to his or
her habitation than four hundred (400) feet;
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ATTACHMENT 4
D. Be located at least three hundred (300) feet away from every highway, roadway or
freeway; provided, however, if an apiary owner is given written permission by the Arroyo
Grande City Council, an apiary may be located closer than three hundred (300) feet to a
highway, roadway or freeway but no closer than the distance specifie d in such written
permit; and
E. Be provided with water by the apiary owner at the time the set is made. Such water
shall be maintained by the apiary owner so long as the apiary stays on the property
unless the landowner gives written permission for the a piary to use water situated on
the land where the apiary is located.
(Prior code § 6-2.01)
6.24.020 - Enforcement of provisions.
The police department shall have the power and duty to enforce the provisions of this
chapter. (Prior code § 6-2.02)
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ATTACHMENT 5
Arroyo Grande Municipal Code (CURRENT)
Title 6 - ANIMALS
Chapters:
Chapter 6.04 - DEFINITIONS
Sections:
6.04.010 - Definitions.
As used in this title:
"Altered," for a female, means having had the ovaries and uterus surgically removed: an
ovariohysterectomy. "Altered," for a male means having had the testicles surgically
removed.
"Animal" includes but is not limited to, birds, fishes, reptiles and nonhu man mammals.
"Animal use operation" means any commercial, noncommercial or hobby breeder
operation as further described in this title.
"At large" means being on any private property without permission of the person who
owns or has a right to possess or use the property; or unrestrained by a leash on either
public property, unless expressly permitted by law, or private property open to the public
or in any place or manner which presents substantial risk of imminent interference with
animal or public health, safety or welfare.
"Business day" means any day that the department is open to the public as determined
by the board of supervisors.
"Cat" means a felis catus of either sex, altered or unaltered.
"City" means the incorporated area of Arroyo Grande.
"Commercial animal use operation" means any lot, building, structure, enclosure or
premises whereon or wherein animals are kept or maintained for any commercial
purpose, such as breeding, selling, advertising for sale, boarding or rental of animals;
provided, that if more than one species of animal is kept for sale, barter or trade, the
classification shall be that of a pet shop; and provided, further, this definition of
"commercial animal operation" shall not be construed as applying to a duly licensed
veterinary hospital or any public pound. The operation must be consistent with current
zoning.
"County" means the county of San Luis Obispo.
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ATTACHMENT 5
"Animal shelter" means a premises selected by the director of animal control officer as a
suitable facility for the requirements of this title.
"Department" means the department of animal regulation, the chief animal control
officer, and/or his or her duly authorized representative(s).
"Dog" means a canis familiaris of either sex, altered or unaltered, or any other member
of the canis genus, if owned, kept or harbored.
"Dog license" means a properly completed certification issued by the county, including
the dog owner's name, address and telephone; the dog's name and description,
including breed, color, sex, year of birth; rabies vaccination date, rabies expiration date;
license tag number and expiration date.
"Health officer" means the San Luis Obispo County health officer or his or her appointed
agents or deputies.
"Hobby breeder operation" means any lot, structure, enclosure, building whereon or
wherein a person is offering for sale, barter or trade household pets in a manner that is
accessory to residential use. A person is considered to be operating a hobby breede r
operation when:
1. Offspring from any female is being offered for sale in an amount in excess of fifty
dollars ($50.00) per animal;
2. The owner is offering more than one litter for sale, barter or trade in a calendar year;
and
3. The owner is offering for sale, barter or trade more than one household pet of a
species that bears single offspring for sale in one calendar year.
In the case of dogs, each dog shall be individually licensed as provided in Section
6.16.160.
"Household pets" means, but is not limited to, cats, dogs, canaries, parrots, fish,
hamsters, rabbits, turtles, lizards, snakes, and other kindred animals usually and
ordinarily kept as household pets.
"Leash" means any rope, leather strap, chain, or other material being held in the hand
of a person capable of controlling and actually controlling the animal to which it is
attached.
"License tag" means a piece of metal or other durable material inscribed with a number
which has been issued by the county as the licensing agency.
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ATTACHMENT 5
"Livestock" means horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and all
other domestic or domesticated animals other than household pets.
"Noncommercial animal operation" means any lot, building, structure, enclosure or
premises whereon or wherein four or more dogs or cats are kept for noncommercial
use, including, but not limited to, hunting and herding livestock.
"Owner" means any person who is legal owner, keeper, harborer, possessor, or the
actual custodian of an animal. Ownership is also estab lished by a person registering as
the owner of a license or other legal document or by a person claiming ownership and
taking possession of an animal.
"Pet shop" means any lot, building, structure, enclosure or premises whereon or
wherein is carried on the business of buying and selling or bartering household pets.
This definition shall not be construed as applying to the business or activities of a duly
licensed veterinary hospital, nor to the business or activities of any public pound. The
operation must be consistent with current zoning.
(Prior code § 6-1.11)
Chapter 6.08 - ADMINISTRATION AND ENFORCEMENT
Sections:
6.08.010 - Establishment of a public pound.
A public pound is authorized and established; and the same, and any branches thereof,
shall be located and established at such place in the county of San Luis Obispo as shall
be fixed from time to time by the board of supervisors. The public pound, or any
authorized branches thereof, shall provide suitable buildings and enclosures to
adequately keep and safely hold all dogs, cats, or household pets subject to be
impounded by the provisions of this title.
(Prior code § 6-1.01)
6.08.020 - Animal control officer—Duties.
There shall be in this city a chief animal control officer. It shall be the duty of the chief
animal control officer and his or her duly authorized deputies and employees to carry
out the provisions of this title and all applicable statutes of the state and to be in charge
of the public pound hereby authorized and established.
(Prior code § 6-1.02)
6.08.030 - Animal control officer—Citation authority—Authority to carry weapons.
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ATTACHMENT 5
A. The chief animal control officer and his or her duly authorized deputies shall have the
power to issue citations pursuant to Chapter 1.16 of this code.
B. Animal control officers, when acting in the course and scope of their duties, shall be
authorized to carry on their person or in official vehicles loaded firearms or weapons of
the type approved by the chief animal control officer. Each officer shall qualify under
California Penal Code Section 832 in the use of firearms.
(Prior code § 6-1.03)
6.08.040 - Badges.
The chief animal control officer and his or her duly authorized and appointed deputies,
while engaged in the execution of their duties, shall each wear in plain view a badge
having, in the case of the chief animal control officer, the words "Chief Anim al Control
Officer"; in the case of the lead animal control officer, the words "Sergeant - Animal
Control Officer"; and in the case of the deputy animal control officers, the words "Deputy
Animal Control Officer" engraved thereon. Any person who has not be en appointed as
provided hereinabove or whose appointment has been revoked, who shall represent
himself or herself to be or shall attempt to act as an animal control officer, shall be guilty
of a misdemeanor.
(Prior code § 6-1.04)
6.08.050 - Record of department.
The department shall keep a record of the number, description and disposition of all
dogs, cats and household pets impounded, showing in detail, in the case of each, the
date of receipt; the date and manner of disposal; the name of the person reclaiming,
redeeming or receiving such dogs, cats or household pets; the reason for destruction.
(Prior code § 6-1.05)
6.08.060 - Fees.
A. Whenever fees are to be charged by the department of animal regulation, these fees
shall be set annually by resolution of the city council.
B. Whenever a penalty fee is to be assessed, it shall be double the regular established
fee.
C. A fee, including a penalty fee, may be waived at the discretion of the health officer.
Such waiver shall be based upon a determinatio n that it is in the interests of justice or
that payment will impose an undue financial hardship upon the owner.
(Prior code § 6-1.06)
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ATTACHMENT 5
6.08.070 - Interference with performance of duties.
It is unlawful for any person to hinder or obstruct the chief animal control officer or any
of his or her deputies or employees in the exercise of their duties. Any person who
violates this section is guilty of a misdemeanor.
(Prior code § 6-1.15)
6.08.080 - Violation of written order.
Any person who, after written notice, violates or who, upon the demand of the
department, refuses or neglects to conform to any rule, written order, or regulation
prescribed by the department is guilty of an infraction.
(Prior code § 6-1.16)
6.08.090 - Violation of quarantine.
It is unlawful for any person to suffer or permit any dog, cat, animal or household pet
owned, harbored or controlled by him or her to violate any written quarantine notice.
Any person who violates such written notice shall be guilty of a misdemeanor.
(Prior code § 6-1.35)
6.08.100 - Violation—Infraction.
Except as otherwise provided, violation of a provision of this title is an infraction.
(Prior code § 6-1.18)
6.08.110 - Duty of department to patrol and enforce regulations.
It shall be the duty of the department to patrol the incorporated area of the city from time
to time and without notice to the public for the purpose of enforcing the provisions of this
title.
(Prior code § 6-1.21)
Chapter 6.12 - ANIMAL CONTROL REGULATIONS GENERALLY
Sections:
6.12.010 - Unnecessary noise.
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ATTACHMENT 5
It is unlawful for any person to keep, maintain or permit on any lot or parcel of land any
dogs, cats, poultry, fowl, or household pets which, by any sound or cry, shall disturb the
peace and comfort of any neighborhood.
(Prior code § 6-1.07)
6.12.020 - Abatement of noise or nuisance.
Whenever it shall be affirmed in writing, by three or more persons living in separate
dwelling units in the neighborhood, that any dog, cat, or household pet is an habitual
nuisance by reason of frequent, persistent, or long-continued howling, barking, or other
noise, or is in any other manner causing undue annoyance, by reason of chronic leash
law violations or unsanitary conditions that shall constitute a public nuisance, the
department, through investigation, if it finds such public nuisance to exist, shall serve
written notice upon the owner or custodian that the public nuisance shall be abated or
the animal shall be impounded in a legal manner. If the nuisance and anno yance is not
successfully abated, as affirmed in writing by the original petitioner(s), the department
shall present the results of the investigation of such nuisance to the officer responsible
for prosecution within the jurisdiction wherein such nuisance is being maintained.
(Prior code § 6-1.08)
6.12.030 - Owner's responsibility to dispose of dead dogs, cats, and household
pets.
It is unlawful for any owner or person, who having had the possession or control of any
dog, cat, or household pet that has died, to place the body of any dog, cat, or household
pet, after its death, or cause to permit it to be placed or to knowingly allow or permit it to
remain in or upon any public road, highway, street, alley, square, park, school ground,
or other public place, or in or upon any lot, premises or property of another.
(Prior code § 6-1.09)
6.12.040 - Disposition of dead dogs, cats, and household pets upon request.
It shall be the duty of the department, upon the request of any owner of any dead dog,
cat, or household pet which was kept or maintained in the county immediately prior to its
death, or upon the request of any person or persons discovering a dead dog, cat, or
household pet upon his or her premises or upon any public road, highway, street, alley,
square, park, school ground or other public place, or in or upon any lot or premises, to
forthwith bury or dispose of the animal in such manner as may be prescribed by the law.
The department may charge and collect fees for the transportation and disposal of th e
dog, cat, or household pet from the owner or person having had possession or control
of the animal, if same can be ascertained.
(Prior code § 6-1.10)
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ATTACHMENT 5
6.12.050 - Animals and poultry at large.
No person shall allow or permit animals or poultry they own to run at large upon any
public street or place or to trespass upon the property of another. This provision shall
not be construed as permitting the running at large of any household pets who are
restricted by the provisions of this title or by any law applicable thereto.
(Ord. 556 § 2L, 2004: prior code § 6-1.58)
6.12.060 - Unsanitary conditions for animals, animal waste and water quality.
A. Unsanitary Conditions. No person shall keep upon any premises any animals,
poultry, or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition.
B. Property Maintenance. Where it is determined by the city or by the Central Coast
Regional Water Quality Control Board that an area used by animals is affecting water
quality, the city will require the property owner or authorized representative to
implement measures, which may include installation of preclusionary devices, to
eliminate the pollution and prevent the migration of waste components to the storm
drain system. Installation of devices or implementation of measures may require permits
from the city or other regulatory agency. Installation, maintenance and permitting of any
such device or measure are the sole responsibility of the property owner.
C. Feeding Near Water Bodies. No person shall feed feral animals, or deposit or leave
any foodstuff of any kind or nature within one hundred feet of a lake or creek, except in
a trash receptacle provided for that purpose.
D. Domesticated Animal Waste. All persons owning, possessing, in control of, or
otherwise responsible for an animal, must promptly collect, pick up and remove all fecal
matter left by the animal on public or private lan ds. Animals in agricultural areas are not
covered under this subsection if the area complies with subsection B of this section or is
covered under separate regulation.
(Prior code § 6-1.59)
(Ord. No. 642, § 1, 1-24-2012)
6.12.070 - Care of animals while impounded.
The department shall provide all animals in his or her custody with proper food and
water and shall give them all necessary care and attention. The department shall
charge a fee at the time an impounded animal is redeemed by its owner or person
having custody or may charge these fees at such time an unclaimed animal is sold.
(Prior code § 6-1.31)
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ATTACHMENT 5
6.12.080 - Reporting of bites.
All persons bitten and the parents or guardians of minor children bitten by a dog, cat,
skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies shall notify
the department within twenty-four (24) hours of the next department business day.
Physicians treating such bites and other persons having knowledge of such bites shall
also be required to make such notification.
(Ord. 556 § 2M, 2004: prior code § 6-1.32)
6.12.090 - Symptoms of rabies.
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 it may have rabies, the owner, or person having
the custody or possession of such animal, shall immediately notify the department. The
department shall make or cause an inspection or examination of such to be made by a
licensed veterinarian until the existence or nonexistence of rabies in such animal is
established by the veterinarian. Such animal shall be kept isolated in a pound,
veterinary hospital, or other adequate facility in a manner approved by the departmen t
and shall not be killed or released for at least ten (10) days after the onset of symptoms
suggestive of rabies, after which time the dog or other animal may be released by the
department, provided the department has first determined that the animal does not have
rabies. If the department determines that the dog or other animal does have rabies, the
department shall destroy the animal. The chief animal control officer, or his or her duly
authorized representative, is authorized and empowered to enter, in a manner
authorized by law, upon private property where any dog or other animal is kept, or
believed to be kept, for the purpose of ascertaining whether the dog or other animal is
afflicted or infected with rabies or other contagious disease.
(Prior code § 6-1.36)
Chapter 6.16 - DOGS AND CATS
Sections:
6.16.010 - Limitation on number of dogs.
It is unlawful for any person or persons to own, harbor or maintain at any single -family
dwelling more than three dogs, four months of age or older, without obtaini ng the
appropriate permit.
(Prior code § 6-1.17)
6.16.020 - Limitation on number of cats.
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It is unlawful for any person or persons to own, harbor or maintain at any single -family
dwelling more than three cats, four months of age or older, without first o btaining the
appropriate permit.
(Prior code § 6-1.57)
6.16.030 - Stray dogs defined.
A "stray dog" is any dog, licensed or unlicensed, which is in or on any public road,
highway, street, alley, square, park, school ground, or other public place or in or upon
any lot, premises or property of another when not accompanied in the near vicinity by
the person owning, having interest in, harboring, or having charge, care, control,
custody or possession of such dog. Any stray dog shall be immediately seized and
impounded by the department.
(Prior code § 6-1.19)
6.16.040 - Leash law.
It is unlawful for any person to suffer or permit any dog owned, harbored or controlled
by him or her to be on any public street, alley, lane, park or place of whatever nature
open to and used by the public in the incorporated area of the city, unless such dog is
securely leashed and the leash is held continuously in the hand of a responsible person
capable of controlling such dog or unless the dog is securely confined in a vehicle or
unless the dog is at heel beside a person and obedient to that person's command.
Dogs used on farms and ranches for the primary purpose of herding livestock are not
required to be leashed or at heel beside their owner or person controlling the use of
these dogs while on a public street, alley, lane or place of whatever nature open to and
used by the public in the incorporated area of the city while herding such livestock and
as long as these dogs are obedient to the commands of the person controlling their use
for this purpose. Dogs used for the primary purpose of hunting are not required t o be
leashed or at heel while used in hunting, as long as these dogs are obedient to the
commands of the person controlling their use for this purpose.
(Prior code § 6-1.20)
6.16.050 - Duty of department to seize and impound stray dogs.
It shall be the duty of the department to seize and impound, in a lawful manner and
subject to the provisions of this chapter, all stray or unlicensed dogs found within the
incorporated area of the city.
(Prior code § 6-1.22)
6.16.060 - Dogs running at large.
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Any dog found running at large on any private property in the city may be taken up by
the owner or possessor of the property and delivered to the department or detained on
the property until picked up by the department as provided in Section 6.16.070.
(Prior code § 6-1.23)
6.16.070 - Delivery to department by private person.
Every person taking up any dog under the provisions of this chapter and every person
finding any lost, strayed or stolen dog shall, within twenty-four (24) hours thereafter,
give notice thereof to the department; and every such person in whose custody such
dog may, in the meantime, be placed shall surrender such animal to the department
without fee or charge; and the department shall thereupon hold and dispose of such dog
in the same manner as though such dog had been found running at large and
impounded by the department.
(Prior code § 6-1.24)
6.16.080 - Notice of impounded dogs.
As soon as possible, but not later than twenty-four (24) hours after impounding any dog
currently licensed under the provisions of this chapter, the department shall notify the
registered owner, or person having control of the dog, by written or oral communication
that such dog is impounded and that it must be redeemed within three business days
from the date of such communication; and, unless redeemed, the dog will be disposed
of in any manner provided by this chapter.
(Prior code § 6-1.25)
6.16.090 - Redemption of impounded dogs.
The department shall securely keep any dog impounded for a period of three business
days, unless the dog shall be sooner reclaimed or redeemed by the owner or person
having control thereof or as provided in Section 6.16.130. A dog wearing a current
license tag when impounded shall be held for seven business days, unless the owner or
custodian is notified prior to that time, as in Section 6.16.080; and then the dog shall be
held for three business days from such notification. Except as may be provided in this
section, the owner or person entitled to the custody of the dog so impounded may, at
any time before the sale or other disposition the reof, during the office hours of the
pound, reclaim or redeem the dog by exhibiting to the department the license certificate
or license tag showing that the license for the dog for the then current year has been
paid and by paying the department any charges.
No fee whatsoever shall be charged or collected for or on account of any dog which has
been unlawfully taken up or impounded. If the owner or person entitled to the custody of
the dog believes that the dog has been unlawfully taken up or impounded, th e owner or
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person may, within the seventy-two hour redemption period, request that an impartial
hearing by a hearing officer from an outside department be conducted to determine the
sole issue of whether the dog was lawfully seized and impounded. If a dog has
unlawfully taken up or impounded, it shall be returned to its owner or the person entitled
to the custody thereof.
(Prior code § 6-1.26)
6.16.100 - Redemption fees.
The owner or person entitled to the custody of a dog impounded shall pay to the
department, before such dog is released, the following:
A. Registration or license fee for the current year, unless such fee has been previously
paid and evidence of paid fee is adequately exhibited; and
B. Impound fees for first, second, third, and subsequen t impounds in a one-year period
from the date of the first impound.
(Prior code § 6-1.27)
6.16.110 - Sale, gift, or destruction of dogs.
At any time after the expiration of the period of three days, the department may, without
further notice and without advertising in any manner, sell, give away, or dispose of in a
humane way any dog not reclaimed or redeemed as aforesaid; provided, however , the
department may not sell, give away, or transfer title of any dog or any other animal to an
institution engaged in the diagnosis or treatment of human or animal disease or in
research for the advancement of veterinarian, dental, medical or biologic sc iences or in
the testing or diagnosis, improvement or standardization of laboratory specimens,
biologic products, pharmaceuticals or drugs. The department may not sell or give away
any female dog that has not been spayed or any male dog that has not been n eutered,
unless a deposit toward the cost of spaying or neutering such dog, as determined and
promulgated by the department, has been deposited. Deposit is refundable through
normal county refund procedures, upon proof of sterility.
(Prior code § 6-1.28)
6.16.120 - Veterinarian determination for injured dogs and cats.
All injured dogs and cats found without their owners in a public place shall be taken to a
veterinarian, known by the department to be a veterinarian that ordinarily treats dogs
and cats, for a determination of whether the animal shall be immediately and humanely
destroyed or shall be hospitalized and given emergency, stabilizing treatment.
(Prior code § 6-1.29)
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6.16.130 - Injured and diseased dogs and cats.
A dog or cat taken into custody by the department, which by reason of injury, disease,
or other good cause as determined by a licensed veterinarian as dangerous or
inhumane to keep impounded, shall be forthwith destroyed by the department in a
humane manner, unless the owner or person en titled to the custody of the dog can be
notified by the department within a reasonable period of time to arrange and provide for
medical care. The department shall release such dog to its owner or person having
control thereof upon payment of the redemptio n fees and other charges as provided in
this title. However, if the licensed veterinarian determines that the dog is diseased and
by reason of such disease is dangerous to persons or to other animals or to the general
health and welfare of the county, the department shall destroy the dog. Injured or
diseased animals may be humanely destroyed without regard to the prescribed holding
time, in order to alleviate suffering or to protect other impounded animals from exposure
to a contagious disease.
(Prior code § 6-1.30)
6.16.140 - Biting dogs.
It is a misdemeanor for any person to suffer or permit any dog or other animal owned,
harbored or controlled by him or her to inflict upon any human being a bite that
penetrates the skin while the person bitten is on any public place or legally upon any
private property. The person bitten may request the animal control officer to initiate
criminal proceedings against such other person by submitting a signed, written
complaint.
(Prior code § 6-1.33)
6.16.150 - Impounding of biting dogs.
Upon written notice by the department, the owner or person having the control of any
dog which has, within the preceding ten (10) days, bitten any person or animal shall,
upon demand, and in the discretion of the department, do one of the following:
A. Confine the dog to his or her own premises;
B. Surrender the dog to the department, which shall impound and keep the dog at the
public pound in a separate enclosure for a period of not less than ten (10) days;
C. Surrender the dog to a licensed veterinarian as designated by the department; or
D. Surrender the dog to the department for quarantine at any other location or facility
designated and approved by the department.
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If the dog is quarantined on the premises of the owner, the department may post a
quarantine sign on such premises; and it is unlawful for any person to remove the sign
during the term of such quarantine without the consent of the department. Any
quarantine provided in this section shall be for a term of not less than ten (10) days,
unless otherwise specified by the department. During the period it shall be the duty of
the department to determine whether or not such animal is suffering from any disease. If
a duly licensed veterinarian, designated by the department, shall de termine that the
animal is diseased and, by reason of such disease, is dangerous to persons or to other
animals, he or she shall so notify the department in writing to destroy the animal. A copy
of the notice may also be served upon the owner or person having control of the animal.
If the veterinarian shall determine that the dog is not so diseased, the department shall
notify the person owning or having control of the animal at the address from which the
animal was surrendered to the department and shall, upon demand, release the animal
to the owner or person lawfully entitled thereto, upon payment of any charges provided
therefor, including expenses of quarantine and veterinary care; provided, however, that
if no person lawfully entitled to such animal shall, within three days after the date of
giving the last-mentioned notice, appears at the public pound and requests release of
the dog and pays the charges, the animal may be sold or destroyed by the department
in the same manner hereinbefore provided.
Whenever a dog is ordered to be quarantined on the premises of the owner, an
administrative fee to cover the expense of monitoring the quarantine will be charged.
(Prior code § 6-1.34)
6.16.160 - Dog registration and licenses.
Except as provided in Section 6.16.260, it is unlawful to own, keep or control any dog
unless and except a license has been procured therefor as herein p rovided. This
section shall have no application to dogs under the age of four months.
(Prior code § 6-1.37)
6.16.170 - Dogs—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 San Luis Obispo
County or except as provided in Section 6.16.180, unless such dog has been
vaccinated as provided herein. This section shall have no application to dogs under the
age of four months.
(Prior code § 6-1.38)
6.16.180 - No licensing without vaccination.
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The department shall not license any dog until it has been vaccinated with canine rabies
vaccine by injection or other method approved by the department during the time
prescribed by state law or the rules and regulations of the State Department of Public
Health, unless the owner or person in possession of the same submits a certificate from
a licensed veterinarian, issued within the preceding sixty (60) days, stating that, in his or
her opinion, the rabies vaccination would be likely to seriously injure the dog. Any dog
so excepted from rabies vaccination shall be restricted to the enclosed yard of the
owner or person in possession of the dog, except when held upon a rope, chain, or
leash. Any violation thereof by the owner or person in possession of such dog is
unlawful.
(Prior code § 6-1.39)
6.16.190 - Vaccination performance.
The vaccination shall be performed by a duly qualified and licensed veterinarian. The
veterinarian vaccinating the dog shall issue to the owne r or person in possession of the
dog a certificate of vaccination, which certificate shall include:
A. The type of vaccine used;
B. The date of vaccination;
C. The duration of vaccination;
D. Description of dog, including age, breed, sex and color; E.
Name and address of the owner of the dog; and
F. A copy of this certificate shall be sent to the department within thirty (30) days of
vaccination.
(Prior code § 6-1.40)
6.16.200 - Rabies deposit fee required.
Any person procuring a dog license without a valid rabies vaccination for reason of
redeeming an impounded animal or clearing a citation will pay a rabies deposit fee.
Deposit is refundable upon proof of current vaccination certificate through normal
county refund procedures. Proof of rabies vaccination shall be made to the department
within thirty (30) days, or the license will be void.
(Prior code § 6-1.41)
6.16.210 - Registration record.
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The department shall maintain a record in which it shall, upon the application of any
person owning or having the custody of any dog in the city and the payment to it of the
license fee hereby prescribed, register the dog by entering in the record its name (if
any), its sex and general description, whether it has been spayed or neutered, the name
of its owner or custodian, the number of the tag issued therefor, the date of expiration of
the rabies vaccine, the date of issuance, and the amount received for the license fee.
(Prior code § 6-1.42)
6.16.220 - Dog license tags.
Upon exhibition of the proper evidence of vaccination and payment of the license fee,
there shall be delivered to the person making such payment a metal tag with the
number and one, two or three years stamped or cut thereon and the words "DOG
LICENSE TAG—County of San Luis Obispo" stamped thereon, which dog tag shall be
securely fastened to a collar or harness that shall be worn at all times by the dog for
which the tag was issued, If the dog is exempted from vaccination, Section 6.16.180,
the dog tag shall have a distinguishing mark as evidence of such fact.
(Prior code § 6-1.43)
6.16.230 - Licensing of dogs.
Each license issued shall be effective for a period of one year, two years, or three years
at the option of the owner, but contingent upon payment of all required fees, charges,
and penalties required by this chapter and compliance with all conditions required for
the issuance of a license.
A. A license will be valid from the date of issue and shall expire one year, two years, or
three years from the date of issue, except when the performance of the rabies
vaccination expires prior to that date. In such cases, the license will expire on the s ame
date as the rabies vaccination.
B. License renewals shall be required prior to the expiration date of the license.
C. If renewal is not required, dog owners shall advise the department, in writing, of the
reasons therefor.
(Prior code § 6-1.44)
6.16.240 - License fees.
The department shall collect a fee for dog licensing.
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A. The owner or custodian of an unaltered dog may place a deposit for spaying or
neutering with the department for a one-year license. This deposit shall be forfeited if
the operation is not performed by the expiration date of the license.
B. A late penalty of twice the pre-penalty one-year license fee shall be charged if:
1. A license is not renewed prior to the expiration date;
2. Puppies are not licensed within thirty (30) da ys after reaching four months of age;
3. Any dog brought into this county is not licensed within thirty (30) days;
4. A person acquiring the possession of a dog over four months of age does not license
it within thirty (30) days of taking possession.
C. Persons obtaining possession of any dog currently licensed by San Luis Obispo
County shall, upon payment of a transfer fee, have ownership of dog changed.
(Prior code § 6-1.45)
6.16.250 - Lost or damaged tag.
If the tag issued for any duly registered dog shall be lost or accidentally destroyed
during the period for which it is issued, the owner or custodian of such dog, upon
making proof to the department of its loss or destruction, shall, upon payment of
established fee, receive for such dog a duplicate tag.
(Prior code § 6-1.46)
6.16.260 - License exceptions.
The provisions of this chapter requiring the licensing of dogs shall not apply to:
A. Dogs under four months of age;
B. Dogs owned by, or in the custody or control of, persons who are nonresidents of the
San Luis Obispo County, traveling through the city or temporarily staying therein for a
period not exceeding thirty (30) days;
C. Dogs brought into the county exclusively for the purpose of entering the dogs in any
dog show or exhibition and which are actually entered in and kept at such show or
exhibition;
D. Dogs on sale in duly licensed pet shops or commercial animal operation; or
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ATTACHMENT 5
E. Dogs under the ownership, custody and control of the owner of a commercial animal
operation, duly licensed under the provisions of this chapter, or his or her duly
authorized employee or agent, when such dogs are removed from such bona fide
operation thereof for the purpose of exercise or training; provided, that any such dog
bear an identification tag attached to its collar, which tag shall set forth the name of the
licensed operation. A dog bearing such identification tag shall be treated in all respects
as any other dog in the event of its escape and subsequent impoundment.
(Prior code § 6-1.47)
6.16.270 - License fee exceptions.
A. Seeing-eye dogs and all dogs which served with the armed forces of the United
States of America during any period of actual hostilities must be licensed or vaccinated
under the provisions of this chapter; but their owner shall be exempt from the license
fee therein imposed, providing adequate evidence can be furnished at such time the
license is issued.
B. Dogs used by any governmental agency for the purpose of law enforcement must be
licensed and vaccinated under the provisions of this title; but their owners shall be
exempt from the license fee as therein imposed, providing adequate evidence can be
furnished at such time the license is issued.
C. All dogs being raised and trained specifically to perform as seeing-eye dogs must be
licensed and vaccinated under the provisions of this title; but their owners shall be
exempt from the license fee as therein imposed, providing adequate evidence can be
furnished at such time the license is issued.
(Prior code § 6-1.48)
6.16.280 - Failure to pay license fee or provide information.
It is unlawful for any person owning or having the care, custody or control of any dog in
the county to refuse, fail or neglect to pay the license fee at the time and manner
provided in this title or to refuse, fail or neglect to fu rnish to the department, the health
officer, or any of their duly qualified and authorized deputies or employees the
information necessary to properly license the dog.
(Prior code § 6-1.49)
6.16.290 - Counterfeiting.
No person shall imitate or counterfeit such dog registration tags. It is unlawful for any
person to remove any tag from any dog not owned by him or her or not lawfully in his or
her possession or under his or her control or to place on any dog any such license tag
not issued as provided for above for that particular dog for the then current year or to
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make or to have in his or her possession or to place on a dog any counterfeit or
imitation of any license tag.
(Prior code § 6-1.50)
6.16.300 - Duty of department to accept abandoned cats.
It shall be the duty of the department to receive and impound all cats believed to have
been abandoned by their owners.
(Prior code § 6-1.51)
6.16.310 - Cats at large.
Any cat found at large on any private property in the San Luis Obispo County may be
taken up by the owner or possessor of the property and delivered to the department or
detained on the property until picked up by the department, as provided in Section
6.16.320.
(Prior code § 6-1.52)
6.16.320 - Delivery of cats to department by private persons.
Every person taking up any cat under the provisions of this title and every person
finding any lost, strayed or stolen cat shall, within twenty-four (24) hours thereafter, give
notice thereof to the department; and every such person in whose custody such cat
may, in the meantime, be placed shall surrender such animal to the department without
fee or charge.
(Prior code § 6-1.53)
6.16.330 - Redemption of impounded cats.
The department shall keep such cats for a period of three days, unless the cats are
sooner reclaimed or redeemed by the owner or person having control thereof. Such
redemption may be made by paying the department any charges as a fee per day for
the care of the cats as imposed therein.
No fees whatsoever shall be charged or collected for or on account of any cat which has
been unlawfully taken up or impounded. The owner of a cat who believes the cat has
been unlawfully seized may request a hearing before an impartial hearing officer from
outside the department.
(Prior code § 6-1.54)
6.16.340 - Sale, gift or destruction of cats.
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At any time after the expiration of the period of three days, the department may, without
notice and without advertising in any manner, sell, give away, or dispose of the cats;
provided, the department may not sell, give away, or transfer title to any cats to any
institution engaged in the diagnosis or treatment of human or anima l disease or in
research for the advancement of veterinarian, dental, medical or biologic sciences or in
the testing or diagnosis, improvement or standardization of laboratory specimens,
biologic products, pharmaceuticals or drugs. The department may not s ell or give away
any female cat that has not been spayed or any male cat that has not been neutered,
unless a deposit towards the cost of spaying and neutering such cat, as determined and
promulgated by the department of animal regulation, has been deposit ed with the
pound. Deposit is refundable through normal county refund procedures, upon proof of
sterility.
(Prior code § 6-1.55)
6.16.350 - Impounding biting cats.
Upon written notice by the department, the owner or person having the control of any
cat which has, within the preceding ten (10) days, bitten any person or animal shall,
upon demand and at the discretion of the department, do one of the following:
A. Confine the cat to his or her own premises;
B. Surrender the cat to the departm ent, which shall impound and keep the cat at the
public pound in a separate enclosure for a period of not less than ten (10) days;
C. Surrender the cat to a licensed veterinarian, as designated by the department; or
D. Surrender the cat to the department for quarantine at any other location or facility
designated and approved by the department.
If the cat is quarantined on the premises of the owner, the department may post a
quarantine sign on such premises; and it is unlawful for any person to remove the sign
during the term of such quarantine without the consent of the department. Any
quarantine provided in this section shall be for a term of not less than ten (10) days,
unless otherwise specified by the department. During the period, it shall be the du ty of
the department to determine whether or not such animal is suffering from any disease. If
a duly licensed veterinarian designated by the department shall determine that the
animal is diseased and, by reason of such disease, is dangerous to persons or to other
animals, he or she shall so notify the department in writing to destroy the animal. A copy
of the notice may also be served upon the owner or person having control of the animal.
If the veterinarian shall determine that the cat is not so diseased , the department shall
notify the person owning or having control of the animal at the address from which the
animal was surrendered to the department and shall, upon demand, release the animal
to the owner or person lawfully entitled thereto, upon payment of any charges provided
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therefor, including expenses of quarantine and veterinary care; provided, however, that
if a person lawfully entitled to such animal shall, within three days after the date of
giving the last mentioned notice, appear at the public pound and request the release of
the cat and pay the charges, the animal may be sold or destroyed by the department in
the same manner hereinbefore provided.
Whenever a cat is ordered to be quarantined on the premises of the owner, an
administrative fee to cover the expense of monitoring the quarantine will be charged.
(Prior code § 6-1.56)
Chapter 6.20 - PET SHOPS AND OTHER ANIMAL USE OPERATIONS
Sections:
6.20.010 - Animal use operation—Pet shop—Regulations.
It is unlawful for any person, firm, corporation or association to erect, establish or
maintain any animal use operation, commercial, noncommercial hobby breeder or pet
shop, as defined in this title, without first obtaining the appropriate permit from the
department. The granting of such permit shall be at the discretion of the department,
who shall take into consideration the type of construction to be employed as it relates to
sanitation and the manner in which the animals, birds or livestock are to be housed, as
well as such zoning regulations or regulations concerning the operations of commercial,
noncommercial, hobby breeder, or pet shops as may be adopted by the city council
from time to time. The permit will be for a calendar year, with a permit fee due and
payable on January 1st of each year.
(Prior code § 6-1.12)
6.20.020 - Requirements of business license.
It is unlawful for any person, firm, corporation or association to erect, establish or
maintain any commercial animal use facility or pet shop without first obtaining a license
from the city. After approval by the department of the permit that is required by this
chapter, the tax collector, upon the payment of the required annual license fee for the
privilege of maintaining such facilities, commercial animal use facilities, or pet shops,
shall issue to the applicant a license in such form as he or she may prescribe. Such
annual license shall be for the calendar year, or any part thereof during which the
commercial animal use operation or pet shop shall be maintained, and shall be due and
payable in advance on January 1st of each year and shall expire December 31st of
such year, provided the above-mentioned permit has not been revoked.
Every person, firm or corporation maintaining a commercial animal use operation or pet
shop shall post a notice in a conspicuous place where it may be seen outside the locked
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premises, listing names, addresses and telephone number of person who may be
contacted in the case of any emergency.
(Prior code § 6-1.13)
6.20.030 - Animal use operation and pet shop permits—Refusal, suspension or
revocation.
A. The permit for the maintenance and operation of an animal use facility, commercial,
noncommercial, hobby breeder, or pet shop shall be refused by the department upon a
determination that a violation exists of the provisions of any health law of the state of
California or any of the applicable provisions of this title.
B. A permit may be immediately suspended by the department for violation of any
provision of this title when, in his or her opinion, the danger to public health or safety, or
when necessary to assure humane care and treatment of the animals under permit, is
so imminent, immediate and threatening as not to admit of delay. In the event of such
suspension, the holder shall be given an opportunity for an officer hearing before an
initial hearing officer from outside the department within forty-eight (48) hours of the
time of suspension. Upon conclusion of the office hearing, the hearing officer may
decide to:
1. Dismiss the charges and reinstate the permit;
2. Reinstate the permit conditioned upon correction of the violation; or
3. Revoke the permit.
C. If, in the opinion of the department, the danger to public health is not so imminent,
immediate and threatening as to admit of delay, the department shall send a notice of
violation to the permittee and seek to achieve compliance informally by means of a
correction schedule and reasonable inspections. If, as a result of subsequent
inspection, it is determined that the permittee has failed to comply with the schedule and
correct the noticed deficiencies, the department shall send a notice to the permittee
advising the permittee of the remaining deficiencies and the convening of an office
hearing before an impartial hearing officer from outside the department to determine
whether or not the permit should be revoked. Upon conclusion of the office hearing, the
hearing officer may decide to:
1. Dismiss the charges;
2. Establish a correction schedule; or
3. Revoke the permit.
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D. All office hearings referred to in this section shall be conducted in accordance with
procedures adopted by the department. The applicant or permittee may call and
examine witnesses, introduce exhibits, question county officials and opposing witnesses
on any matter relevant to the issues, and may rebut evidence against him or her. The
hearing shall not be conducted according to technical rules relating to procedure,
evidence or witnesses. The department shall insure that an informal record of the
proceedings is maintained.
(Prior code § 6-1.14)
Chapter 6.24 - APIARIES
Sections:
6.24.010 - General requirements.
Every apiary situated within the city shall:
A. Be identified by having a sign permanently displayed on the entrance side of the
apiary stating in black letters, not less than one inch in height on a background of
contrasting color, the name, address, and phone number of the apiary owner and the
current active registered brand of the apiary;
B. Be located upon any land owned by a person other than the apiary owner only with
the permission, either verbal or written, of the landowner where the apiary is located;
C. Be located at least four hundred (400) feet away from all habitations unless the
owner of a habitation gives written permission for an apiary to be located closer to his or
her habitation than four hundred (400) feet;
D. Be located at least three hundred (300) feet away from every highway, roadway or
freeway; provided, however, if an apiary owner is given written permission by the
council, an apiary may be located closer than three hundred (300) feet to a highway,
roadway or freeway but no closer than the distance specified in such written permit; and
E. Be provided with water by the apiary owner at the time the set is made. Such water
shall be maintained by the apiary owner so long as the apiary stays on the property
unless the landowner gives written permission for the apiary to use water situated on
the land where the apiary is located.
(Prior code § 6-2.01)
6.24.020 - Enforcement of provisions.
The police department shall have the power and duty to enforce the provisions of this
chapter. (Prior code § 6-2.02)
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San Luis Obispo County Code
Title 9 - ANIMALS[1]
Footnotes:
--- (1) ---
Editor's note— Ord. No. 3498, adopted November 7, 2023, repealed title 9, chs.
9.04—9.16, §§ 9.04.010—9.04.160, 9.08.010—9.08.280, 9.12.010—9.12.040 and
9.16.010—9.16.030 and enacted a new title 9 as set out herein. Former title 9 pertained
to similar subject matter and derived from Ord. 2474 § 1 (part), adopted 1990; Ord.
2764 § 1 (part), adopted 1996; Ord. 2809 § 1, adopted 1997; Ord. 2815 §§ 1, 2, 4 —7,
adopted 1997; Ord. 2838 § 1—5, 7—13, adopted 1998; Ord. 2507 § 1 (part), adopted
1991; Ord. No. 3167, §§ 1, 2, 3, 4, 5, adopted Nov. 25, 2008; Ord. No. 3228, § 1,
adopted July 17, 2012.
Chapter 9.01 - GENERAL PROVISIONS
9.01.001 - Division of animal services established.
There is hereby established a division of animal services which shall function as a
division of the county health agency.
(Ord. No. 3498, 11-7-23)
9.01.002 - Rules and regulations.
The chief animal control officer is hereby authorized to promulgate and enforce such
rules or regulations consistent with the purposes, intent, and express terms of this title
as he deems necessary to implement such purposes, intent and express terms.
(Ord. No. 3498, 11-7-23)
9.01.003 - Definitions.
This section provides definitions of terms and phrases used in this title that are technical
or specialized, or that may not reflect common usage. If any of the definitions in this
section conflict with definitions in other provisions of this code, these definitions shall
control for the purposes of this title. If a word is not defined in this section, or in other
provisions of this code, the chief animal control officer shall determine the correct
definition. The chief animal control officer shall have the authority to render
interpretation and discretion regarding the applicability of any definition set forth in this
section.
(a) "Aggressive" means the demonstration of behavior indicating that an animal is likely
or prone to unprovoked attack against a person or another animal.
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(b) "Altered" means having been spayed or neutered.
(c) "Animal" means any member of the taxonomic kingdom Animalia other than a
human being.
(d) "Animal facility" means any lot, building, structure, enclosure, or premises wherein or
whereon companion animals are kept or maintained for purposes related to the
operation of any business or organization, including, but not limited to, a pet shop,
grooming facility, breeding facility, boarding facility, stable or non -profit humane
organization.
(e) "Animal operation" means any commercial or non -profit endeavor which is wholly or
in part based upon the care, keeping, or utilization of companion animals in the conduct
of its business or operation.
(f) "At large" means being upon any private property while unrestrained by a leash and
without permission of the person who owns or has a right to possess or use the
property; or, being upon public property or private property which is open to the public
while unrestrained by a leash.
(g) "Board of supervisors" means the San Luis Obispo County Board of Supervisors.
(h) "Business day" means any day that the division's animal shelter is open to the
public.
(i) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a
hybrid of a Felis catus.
(j) "Chief animal control officer" means the animal services manager of the County of
San Luis Obispo or his designee.
(k) "Commercial" means any transaction, relationship, business or endeavor which
involves the exchange of money, or traded goods or services, in exchange for any
material consideration or service.
(l) "Commercial animal operation" means:
(1) Any commercial enterprise other than a duly licensed veterinary hospital which
involves the direct care, keeping or maintenance of companion animals conducted from
a non-residential location; or
(2) Any commercial enterprise other than a duly licensed veterinary hospital conducted
from a residential location which involves the direct care, keeping or maintenance o f
companion animals and at which the number of animals kept exceeds the maximum
allowed under the provisions of this title or other applicable codes; or
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(3) Any commercial enterprise other than a duly licensed veterinary hospital which
involves the care, keeping, or maintenance of companion animals conducted from a
residential location and with gross annual revenue exceeding ten thousand dollars.
(m) "Companion animal" means any animal of a species normally kept by people for the
purposes of companionship, recreation, or sport. For the purposes of this title, this
definition includes horses, donkeys, mules, and any other domesticated equine.
(n) "County" means the County of San Luis Obispo.
(o) "Division" means the division of animal services, the chief animal control officer
and/or his or her duly authorized representative(s).
(p) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal
which is a hybrid of a Canis familiaris.
(q) "Domestic animal" means any animal of a vertebrate species which:
(1) Has been selectively bred to live in a tame condition for the purposes of being a
household pet, food or fiber source, or work animal; and
(2) Is generally dependent upon people for its survival; and
(3) Is notably distinct in conformation and/or behavior from its wild ancestors.
(r) "Health agency" means the County of San Luis Obispo Health Agency as established
in Chapter 2.26 of this code.
(s) "Heel" means for a dog to walk with its head or body remaining parallel and directly
adjacent to the legs of its handler.
(t) "Hobby breeder" means any private person who offers any dog, cat, or other animal
normally kept as a household pet for sale or in exchange for any monetary or other non -
monetary consideration, provided that:
(1) The sale of such animals is conducted as an accessory use from a private
residence; and
(2) The number of animals kept at that location doe s not exceed the maximum allowed
under the provisions of this title or other applicable codes; and
(3) The total gross revenue realized from the breeding or sale of animals does not
exceed an annual revenue of ten thousand dollars.
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(u) "Household pets" means any animal normally kept for purposes of companionship or
amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents,
rabbits, turtles, lizards, and snakes.
(v) "Identification" means any visible or readily discoverable tag, tattoo, microchip or
other information bearing mark or device attached to, or implanted in, an animal giving
indication that the animal is owned and providing, at a minimum, a current phone
number or address at which the owner can be contacted.
(w) "Impound" means to have been received into the custody of the chief animal control
officer, any of his or her authorized agents or officers, or any public agency.
(x) "Irremediable" means any injury or illness causing significant malaise, discomfort, or
suffering to an animal and which is without treatment or which would not normally be
treated by the average animal owner in the community.
(y) "Livestock" means all domestic animals other than household pets including, but not
limited to, horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry.
(z) "Menacing" means the demonstration of behavior indicating an intent to inflict harm
or which otherwise places a person in reasonable fear for his or her safety, the safety of
others, or the safety of animals kept by them.
(aa) "Non-profit humane organization" means any animal operation conducted by a
bona fide charity in good standing under the provisions of Section 501(c)3 of the
Internal Revenue Code and in compliance with all state and local codes pertaining
thereto.
(bb) "Neuter" means to be rendered incapable of reproduction as a result of surgical
removal of the testes.
(cc) "Owner" means any person who exercises legal possession or custodianship of an
animal, or who legally claims the right to possession or custodianship of an animal.
(dd) "Person" means any individual, firm, partnership, corporation, company, society, or
association and every officer, agent, or employee thereof.
(ee) "Public nuisance" means any condition or circumstance which:
(1) Effects a substantial portion of a neighborhood as determined by the division; and
(2) Is indecent or offensive to the senses, adversely impacts the health and safety of
others, or otherwise impedes the reasonable use and enjoyment of property.
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(ff) "Quarantine" means the strict confinement of an animal in a location which prevents
its interaction with other animals and limits interaction with people during the period in
which it is under observation for signs indicative of an infectious disease.
(gg) "Severe bodily injury" means any physical injury which results in deep lacerations
with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint
dislocations, or permanent impairment of locomotion or special senses.
(hh) "Spay" means to be rendered incapable of reproduction as a result of the surgical
removal of the ovaries.
(ii) "Stable" means any lot, building, enclosure, or premises maintained for the purpose
of lodging, feeding, boarding or rental of horses or other livestock.
(jj) "Stray" means any animal subject to leash law or other confinement restrictions
which is found roaming at large and without an owner or custodian in the immediate
vicinity.
(kk) "Veterinarian" means a professional licensed by the State of California to practice
the science and art of disease and injury diagnosis, prevention, treatment and cure in
animals.
(Ord. No. 3498, 11-7-23)
9.01.004 - Establishment of a public pound.
A public pound is authorized and established at such place(s) in San Luis Obispo
County as shall be fixed from time to time by the board of supervisors.
(Ord. No. 3498, 11-7-23)
9.01.005 - Chief animal control officer.
(a) The animal services division shall be under the direction of the chief animal control
officer subject to the supervisory control of the county health agency director.
(b) It shall be the duty of the chief animal control officer to:
(1) Enforce the provisions of this title, any other sections of San Luis Obispo County
Code pertaining to the care and keeping of animals, and all applicable statutes and
regulations of the state.
(2) Designate and employ those individuals who shall perform the duties of animal
control officer.
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(3) Have charge of and supervise the county animal shelter(s) under his or her
jurisdiction.
(4) Keep records of all animals impounded in said shelter(s).
(5) Keep accounts of all moneys collected and received in the administration of the title.
(c) Nothing in this section is intended to create a mandatory duty to perform the duties
above for purposes of imposing liability under Government Code section 815.6.
(Ord. No. 3498, 11-7-23)
9.01.006 - Animal control officers—Citation authority.
The chief animal control officer and his or her duly appointed staff shall have the power
to issue citations pursuant to Sections 1.08 and 9.01.012 of this code.
(Ord. No. 3498, 11-7-23)
9.01.007 - Interference with performance of duties.
It is unlawful for any person to hinder, resist or obstruct the chief animal control officer
or any of his or her staff or employees in the exercise of their lawful duties. Any person
who violates this section is guilty of a misdemeanor.
(Ord. No. 3498, 11-7-23)
9.01.008 - Violation of order.
Except as provided in this chapter, any person who, after written notice, violates, or who
upon the demand of the division, refuses or neglects to conform to any lawful rule,
written order, or regulation prescribed by the division is guilty of an infraction.
(Ord. No. 3498, 11-7-23)
9.01.009 - Impersonation of animal control officer—Prohibited.
It is unlawful for any person who has not been designated to the position of animal
control officer as provided in Section 9.01.004, to represent himself or herself to be, or
to attempt to act as an animal control officer. Any person who violates this section is
guilty of a misdemeanor.
(Ord. No. 3498, 11-7-23)
9.01.010 - Record of division.
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The division shall keep a record of the number, description and disposition of all animals
impounded, showing in detail in the case of each, the date of receipt, the date and
manner of disposal, the name of the person reclaiming, redeeming or receiving such
dogs, cats or household pets, the reason for destruction and such additional records as
the board of supervisors may from time to time direct.
(Ord. No. 3498, 11-7-23)
9.01.011 - Fees.
(a) Whenever fees are to be charged by the division of animal services, these fees shall
be set by ordinance or resolution of the board of supervisors.
(b) A fee, including a penalty fee, may be waived if, in the discretion of the chief animal
control officer, it is contrary to interests of justice, would adversely impact animal
welfare, or would impose an undue financial hardship upon the paye e.
(Ord. No. 3498, 11-7-23)
9.01.012 - Violation.
(a) Except as otherwise provided, violation of a provision of this title is an infraction.
(b) Each day upon which a violation occurs or continues to occur shall constitute a
separate offence.
(Ord. No. 3498, 11-7-23)
Chapter 9.02 - ANIMALS GENERALLY
9.02.001 - Animals at large.
(a) No person shall allow or permit any animal, other than household pets, to run at
large upon any public street or place, or to trespass upon the property of another. (b)
This provision shall not be construed as permitting the running at large of any
household pets that are otherwise restricted by the provisions of this title or by any law
applicable thereto.
(Ord. No. 3498, 11-7-23)
9.02.002 - Unauthorized feeding or attraction of animals prohibited.
It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other
similar attractant for an animal in any public park, plaza, woodland, other public place,
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ATTACHMENT 6
or upon the private property of another person without the express consent and
authorization of the property owner or tenant.
(Ord. No. 3498, 11-7-23)
9.02.003 - Animal wastes—Duty to remove.
Every person having custody or control of a dog or cat shall promptly remove and
dispose of, in a sanitary manner, all feces and other solid waste left by such animal in
any public area or on any private property other than that of the animal's owner or
keeper.
(Ord. No. 3498, 11-7-23)
9.02.004 - Unsanitary conditions prohibited.
It is unlawful for any person to do any of the following:
(a) Keep an animal confined upon any premises or in any enclosure which is befouled
by animal waste, trash or debris, or any other foul, noxious, or unsanitary condition.
(b) Allow the accumulation or deposit of animal wastes upon his or her property in such
a quantity as to disturb the owners, occupants, or users of adjacent properties by way of
offensive odor or the attraction of flies, insects, or other vermin.
(c) Allow the accumulation or deposit of animal wastes in a location and quantity so as
to befoul or pollute waters entering surface or storm drainage systems.
(Ord. No. 3498, 11-7-23)
9.02.005 - Unnecessary noise.
(a) It is unlawful for any person to keep, harbor or maintain upon any lot, or in any
residence, building, or structure owned, occupied, or controlled by them any animal
which, by any frequent or prolonged noise, causes annoyance or discomfort to a
reasonable person of normal sensitivities.
(b) Prima facie evidence of a violation of this section shall be established if the noise
from any such animal disturbs:
(1) Two or more individuals residing in separate dwellings directly adjacent to the
property whereat the animal is kept, or
(2) Three or more individuals residing in separate dwellings in close proximity to the
property whereat the animal is kept.
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(c) Frequent and repetitive violations of this section may be deemed a public nuisance.
(d) This section shall not apply to sounds made by livestock kept upon property which is
zoned to allow the keeping of agricultural animals nor shall it apply to any appropriately
permitted commercial animal facility situated in a location zoned for such an operation,
provided that such noise is consistent with normal and expected levels for that type of
animal keeping.
(Ord. No. 3498, 11-7-23)
9.02.006 - Investigation and abatement of noise or nuisance.
(a) Should the division determine through investigation that any animal habitually
causes or creates a public nuisance, the chief animal control officer may issue to the
owner of the animal an order to abate the nuisance forthwith.
(1) The division may initiate such an investigation independently upon reasonable
suspicion or other good cause that a public nuisance exists; or
(2) The division shall initiate such an investigation upon the written affirmation from
three individuals alleging that any animal is causing or creating a public nuisance,
provided that those individuals reside in, or occupy, separate dwellings or businesses in
proximity to the alleged nuisance.
(b) Upon issuance of an order to abate a nuisance, a fine may be levied by the division
against the owner of the animal.
(c) If a public nuisance is not successfully abated upon the order of the chief animal
control officer, the division may present the results of such investigation to the district
attorney for prosecution.
(Ord. No. 3498, 11-7-23)
9.02.007 - Menacing and aggressive animals.
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing
animal which threatens, harasses, or intimidates a person who is peaceably and lawfully
upon public or private property, unless it is contained in an enclosure of a construction
adequate to keep it securely confined and prevent its escape.
(b) Upon notification of a violation of subsection (a), the animal owner(s) must
immediately confine it to an enclosure or location that mitigates the aggressive and
menacing behavior.
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ATTACHMENT 6
(c) It is unlawful for any person to permit any animal owned, harbored, or controlled by
him or her to attack and cause severe bodily injury or death to another domestic or
captive animal while off the property of its owner or keeper.
(d) Liability of Property Owners.
(1) Owners of properties upon which a tenant keeps, harbors, or maintains any
aggressive or menacing animal may, along with the animal owner(s), be jointly and
severally liable for penalties related to violations of subsection (a), provided that they
have received at least fourteen days prior written notice of the existence of such
violation and the violation has not been abated.
(Ord. No. 3498, 11-7-23)
9.02.008 - Animals designated as potentially dangerous or vicious.
(a) Any animal designated under the provisions of another municipal, county, or state
law as potentially dangerous, vicious, or their respective equivalent shall be considered
so designated within the County of San Luis Obispo as well.
(b) Any and all terms or restrictions related to the keeping, confinement, and care of the
animal issued in association with that designation shall be fully and equally in force
within the county.
(Ord. No. 3498, 11-7-23)
9.02.009 - Possession of unsafe and wild animals prohibited.
It is unlawful for any person to own, keep, maintain, or possess any animal which is wild
by nature and which, because of its size, disposition, or other characteristics could
constitute a danger to human life or property.
(a) Such animals shall include, but are not necessarily limited to, the following:
(1) Mammals:
a. Any canine other than a member of the species Canis familaris (domestic dog),
including wolves, coyotes, foxes, jackal, or any hybrid thereof.
b. Any feline other than a member of the species Felis catus (domestic cat), including
mountain lions, bobcats, tiger, or any hybrid thereof.
c. Hyenas, bears, elephants, and primates.
(2) Reptiles:
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a. Any species of front fanged venomous snake, or hybrid thereof.
b. Any venomous species of Heloderma.
c. Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake
which commonly exceeds ten feet in length at adulthood.
d. Any crocodile or alligator.
(3) Any other terrestrial animal species, except for honey-producing bees, which is
venomous to human beings, whether its venom is transmitted by bite, sting, touch or
other means.
(b) This prohibition shall not apply to:
(1) Livestock;
(2) Any member of the following taxonomic groups:
a. Aves (birds);
b. Equidae (horses, asses, and zebras);
c. Camelidae (camels, llamas, alpacas);
d. Ruminatia (Oxen, bison, deer, antelope, chevron).
(3) Any wild and dangerous animal being transported through the county provided that
the possessor is in compliance with all state and federal laws related to the keeping,
possession, and transport of such animals, and provided that the animal does not
remain within the county for more than twenty-four hours;
(4) Any zoo, circus, museum, educational or academic research institution, veterinary
hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial
film or video production company provided that the animals are kept and confined in a
manner which precludes their escape and which fully protects the public from harm.
(Ord. No. 3498, 11-7-23)
9.02.010 - Injury to animals by motorists—Duty to stop and assist.
(a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or
kills any domestic animal on any public roadway shall:
(1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided
that this can be done without the operator placing himself at unreasonable ris k; and
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(2) Contact the animal's owner, if known, or the animal services division, highway patrol,
or the sheriff's or police department with jurisdiction, and report the location and facts of
the incident, including their name and contact information; and
a. Remain at the scene until the owner, appropriate law enforcement or animal control
authority arrives or until otherwise dismissed by that authority; or
b. In the case of an animal which is injured and not dead, the operator may immediately
transport the animal to a veterinarian for treatment.
(b) This section shall not apply to public safety officers or emergency response
personnel if the vehicle they were operating was responding to an emergency situation
at the time the animal was struck.
(Ord. No. 3498, 11-7-23)
9.02.011 - Owner's responsibility to dispose of dead dogs, cats and household
pets.
(a) The owner of any dog, cat, or household pet which has died shall dispose of the
carcass in a sanitary manner within twenty-four hours of becoming aware of its death.
(b) It is unlawful for any person to place the carcass of an animal, or any portion thereof,
in or upon any roadway, park, public place, or upon the private property of another
without the express consent of the property owner or possessor.
(Ord. No. 3498, 11-7-23)
9.02.012 - Disposition of dead dogs, cats and household pets upon request.
It shall be the duty of the division, upon the request of any owner of any dead dog, cat
or household pet which was kept or maintained in the county immediately prior to its
death, or upon the request of any person discovering a dead dog, cat or household pet
upon his or her premises or upon any public road, highway, street, alley, square, park,
school ground or other public place, or in or upon any lot or premises, to forthwith bury
or dispose of the animal in such manner as may be prescribed by law. The d ivision may
charge and collect fees, which may be set by resolution of the board of supervisors, for
the transportation and disposal of the dog, cat or household pet from the owner or
person having had possession or control of the animal if same can be ascertained.
(Ord. No. 3498, 11-7-23)
Chapter 9.03 - DOGS AND CATS
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9.03.001 - Microchipping required.
(a) All dogs and cats over the age of four months must be implanted with an identifying
microchip.
(b) This provision shall not apply to:
(1) Dogs or cats for which a veterinarian licensed to practice within the state of
California has issued a certificate indicating that such procedure would pose a serious
risk to the health or life of the animal. Such certificate shall be issued in a form as
prescribed by the division.
(2) Dogs or cats over eight years of age on January 1, 2022.
(c) Any dog or cat without a microchip impounded by the division shall be microchipped
prior to redemption or adoption.
(Ord. No. 3498, 11-7-23)
9.03.002 - Animal keeping limitations—Dogs and cats.
(a) Except as provided by Section 9.03.003, no person may keep, harbor, or maintain
more than three dogs, nor more than three cats, over the age of four months on any
single lot, premises, dwelling, or living accommodation located within the county, nor
may any person allow to be kept, harbored, or maintained more than three dogs, or
more than three cats, over the age of four months on any single lot, premises, dwelling,
or living accommodation controlled by them and located within the county.
(b) This section shall not apply to any duly permitted commercial animal operation.
(Ord. No. 3498, 11-7-23)
9.03.003 - Animal keeping limitations—Variance to.
(a) The division may issue a permit for a variance to the limitations on animal keeping
as established by Section 9.03.002. The issuance of such a permit shall be at the
discretion of the chief animal control officer taking into consideration the following:
(1) The type and characteristics of the animals to be kept,
(2) The type and quality of housing or confinement provided for the animals,
(3) The ability of the owner to maintain the animals in a manner which minimizes undue
impact on adjacent neighbors,
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(4) Laws, ordinances, regulations and rules applicable to the keeping of animals at the
subject location and
(5) Documentation or awareness of prior animal welfare problems or adverse
neighborhood impacts related to the keeping or management of animals by the permit
applicant.
(b) Permits for a variance to animal keeping limitations shall be issued for the calendar
year, or any part thereof, for which the variance is sought. Each permit shall expire on
December 31 of the current year, provided that such permit may be renewed without
penalty on or before January 1 of the next year.
(c) The division may assess a fee for the issuance or the annual renewal of a permit for
variance. No proration of the fee shall be made for new permit or renewal applications
submitted after January 1, provided that permits issued for new applications submitted
after October 1 shall be valid until December 31 of the following year.
(d) A penalty fee may be assessed for permit renewal applications submitted after
January 31.
(Ord. No. 3498, 11-7-23)
9.03.004 - Cats at large.
(a) No person shall permit any unaltered cat owned, harbored, or controlled by him to
roam at large.
(b) Any person finding a cat roaming at large may, at their own expense, have that
animal spayed or neutered by a veterinarian.
(Ord. No. 3498, 11-7-23)
9.03.005 - Leash law.
(a) No person shall permit any dog owned, harbored, or controlled by him to be in or
upon any public roadway, walkway, park or other public area unless securely restrained
by a leash and under the direct control of a person competent to exercise full care,
custody, and charge over such dog, or unless the dog is at a "heel" beside a person and
obedient to that person's command.
(b) No person shall permit any dog owned, harbored, or controlled by him to trespass or
be upon the private property of another without the express prior consent of the property
owner or possessor.
(c) The provisions of this section shall not be applicable:
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(1) To any dog actively engaged in the herding of livestock or hunting provided it is
obedient to the commands of the person controlling them during these activities;
(2) Within the boundaries of any park or other public area specifically designated and
authorized by the controlling agency as an off-leash recreational area for dogs; or
(3) Any registered service dogs or dogs associated with search and rescue or law
enforcement.
(Ord. No. 3498, 11-7-23)
9.03.006 - Duty of division to seize and impound dogs roaming at large.
It shall be the duty of the division to seize and impound, in a lawful m anner and subject
to the provisions of this title, any dog found running at large.
(Ord. No. 3498, 11-7-23)
9.03.007 - Dogs upon private property.
The owner or possessor of any private property may take up and deliver to the division,
or detain for the division to pick up, any dog found running at large upon that property.
(Ord. No. 3498, 11-7-23)
Chapter 9.04 - IMPOUNDMENT OF ANIMALS
9.04.001 - Private individuals finding lost animals.
(a) Any person finding a lost, stray or stolen animal shall notify the division by any
means available within twenty-four hours of the event and provide his or her name,
address, phone number, a description of the animal, and the time and location at which
it was found.
(b) Any person having custody of a lost, stray, or stolen animal shall surrender such
animal to the division upon demand of the chief animal control officer. Failure to comply
with this provision is a misdemeanor.
(Ord. No. 3498, 11-7-23)
9.04.002 - Notice of impoundment and holding period.
(a) Upon impounding any animal with identification, the division shall make reasonable
efforts to notify the owner or custodian of the impoundment within twenty-four hours,
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excluding Sundays and holidays. The owner or custodian shall also be notified that the
animal must be redeemed within three business days and, that unless so redeemed, the
animal may be disposed of in a manner as provided by this title.
(1) Notification may be made by direct oral communication, telephone message, or
posting of written notice at the address listed upon the animal's identification.
(b) The division shall maintain a listing which includes the description, date of impound,
and location taken up for all animals impounded by the division or reported as found by
a private person. This information shall be made available to the public by means of a
recorded phone message, website or any other reasonable means deemed appropriate
by the chief animal control officer.
(Ord. No. 3498, 11-7-23)
9.04.003 - Authority to take up.
(a) The division may take into custody:
(1) Any animal found running at large contrary to the provisions of this title or other
applicable statute.
(2) Any animal delivered to the division by a peace officer as defined by California Penal
Code Sections 830.1-830.9.
(3) Sick, injured, or abandoned animals for which the owner or custodian cannot be
located or is unable or unwilling to provide appropriate care.
(4) Any animal which presents an active or immediate health or safety risk to the public
or other animals.
(5) Any animal whose owner or custodian has failed to provide it with necessary
sustenance, drink, shelter, and veterinary care.
(6) Any animal which is confined inhumanely or subject to needless suffering, torment,
or otherwise cruel and unnecessary treatment.
(7) Any animal which by law the division is authorized to impound.
(b) Any owner or custodian of an animal who believes that the animal has been
unlawfully impounded may request a hearing before the chief animal control officer to
determine the issue of whether it was lawfully seized and impounded.
(1) The chief animal control officer or his or her designee shall conduct such hearing
within seven calendar days of the request.
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(2) In the event the animal is determined to have been unlawfully impounded, the
division shall refund to the owner or custodian any and all fees associated with the
impound other than those associated with the licensure of the animal as required by this
title or those due to any veterinary or special care fee s necessary for the health and
safety of the animal.
(Ord. No. 3498, 11-7-23)
9.04.004 - Redemption of impounded animals.
(a) The owner or custodian of any animal taken up and impounded under the provisions
of this title may, at any time before the adoption or disposal thereof, redeem such
animal by paying to the division the fees and charges prescribed by this title and any
other applicable statutes which have accrued up to the time of such redemption.
(b) Any person seeking to redeem an animal impounded under the terms of this
provision shall demonstrate to the satisfaction of the division that he or she is the owner
or duly authorized custodian of the animal.
(c) Any person who is denied the redemption of an animal shall be provided written
notification of the basis of the denial and afforded the opportunity to make the
corrections necessary to secure the redemption of the animal during which time the
animal shall remain in the division's custody.
(d) Any person who is denied the redemption of an animal may request a hearing before
the chief animal control officer into the validity of the denial. The chief animal control
officer or his or her designee shall conduct such hearing within two business days of the
request.
(e) Failure of a person denied the redemption of an animal to implement the necessary
corrections or to request a hearing into the denial within seven days shall be deemed
abandonment of the animal which may then be disposed of by the division in a manner
provided by this title.
(Ord. No. 3498, 11-7-23)
9.04.005 - Vaccination and medical treatment of impounded animals authorized.
The division is hereby authorized to administer to any impounded animal such
vaccinations, preventative medical treatment, or parasite controls as may be deemed
necessary to promote the health and welfare of the animal or of other impounded
animals. The cost for the administration of such medications or treatment may be
included in the calculation and assessment of impound fees.
(Ord. No. 3498, 11-7-23)
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9.04.006 - Holding period—Household pets.
(a) Unless otherwise specified within this title or by California state code, any household
pet impounded under the provisions of this title shall be held by the division and kept
available for owner redemption for a period of no less than three business days, not
including the day of impoundment.
(b) Calculation of the holding period for animals impounded with current identification as
defined by Section 9.01.003(v) shall commence upon notification to the owner or
custodian of the impoundment. If such notification is not made, the holding period for
such animals shall be no less than seven calendar days.
(c) Any animal surrendered to the division by its lawful owner may, at the division's
discretion, be made immediately available for adoption.
(Ord. No. 3498, 11-7-23)
9.04.007 - Holding period—Livestock.
(a) The division shall immediately notify the office of the California State Secretary of
Agriculture and provide a description of any impounded bovine, horse, mule, or burro
having been found at large.
(b) Any livestock animal found at large shall be held by the division and kept available
for owner redemption for a period of no less than ten business days, not including the
day of impoundment.
(c) The division may authorize an individual finding any livestock animal other than a
bovine roaming at large to maintain custody of the animal pending identification of the
owner, provided they keep it adequately confined and provided with appropriate care. If
the owner is not identified after thirty days, the finder may establish ownership of the
animal as provided in Section 9.04.009. The individual finding the animal roaming at
large may at any time turn such animal over to the division.
(Ord. No. 3498, 11-7-23)
9.04.008 - Impound fees.
(a) Before an impounded animal is released to the owner or custodian, he or she shall
pay fees to the division for the following:
(1) Any applicable license fee and late penalty for the animal;
(2) An impound fee which shall be set to increase sequentially for the second, third, and
subsequent impounds of the same animal within a one -year period. The first impound
fee shall be waived for any dog wearing a current license tag at the time of impound;
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(3) A boarding fee for each day, or portion thereof, that the animal remains in the
division's custody beginning the day following the date of impound;
(4) Any veterinary or special care fees assessed to, or incurred by, the division as a
result of the impound of the animal. Payment of these fees does not constitute a
guarantee against any future billing of the owner or custodian by a veterinarian or
animal care provider for fees not yet assessed to the division or for the value of any
discounted service provided to the division.
(5) Any other fee established within the provisions of this title or by California state
statute.
(b) The above fees shall be set by the board of supervisors by ordinance or resolution
and may be amended from time to time.
(c) Any owner or custodian who refuses or fails to redeem an animal upon notification of
its impoundment shall remain liable for all costs associated with its impoundment and
incurred through the duration of its holding period.
(Ord. No. 3498, 11-7-23)
9.04.009 - Adoption of unredeemed animals.
At any time after the expiration of the applicable holding period, the division may,
without further notice and without advertising in any manner, adopt out any animal not
reclaimed or redeemed provided that:
(a) No animal be adopted, given, or otherwise transferred to any individual,
organization, or business for the purpose of being utilized in biomedical,
pharmaceutical, or other laboratory testing or research.
(b) No dog or cat shall be adopted, given, or otherwise transferred to any person,
organization, or business, other than a non-profit humane organization, unless it has
been previously spayed or neutered, or unless a veterinarian licensed to practice in the
state of California certifies that it is too sick to undergo such a procedure, in which case
the adopter shall pay to the division a deposit of no less than fifty dollars.
(1) The deposit shall be returned to the adopter upon provision of proof of alteration to
the division.
(2) Failure to provide proof of alteration or a renewed veterinarian's certification that the
animal remains too ill to undergo surgery to the division within sixty days of the date of
the deposit shall result in forfeiture of the deposit.
(Ord. No. 3498, 11-7-23)
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9.04.010 - Euthanasia of animals.
(a) Any impounded animal which, upon the conclusion of its holding period, has not
been redeemed by its owner or which has not been adopted may be humanely
euthanized by the division in its discretion.
(b) Any owner surrendered animal which has not been reclaimed by its o wner within a
period of time equivalent to the holding period for impounded stray animals as set forth
in Section 9.04.006 may be humanely euthanized by the division in its discretion.
(c) Any impounded or owner surrendered animal, regardless of its holding period, may
be euthanized by the division upon diagnosis or recognition of an illness or injury
causing irremediable suffering.
(d) The division may provide for the humane euthanasia of animals upon request and
certification by the owner that the animal:
(1) Has an illness or injury causing substantial suffering, discomfort, or malaise; or
(2) Demonstrates unprovoked aggression towards people or domestic animals; or
(3) Demonstrates undesirable behavior which is unmanageable and incompatible with
the keeping of the animal as a domestic pet.
(Ord. No. 3498, 11-7-23)
Chapter 9.05 - ANIMAL BREEDING AND SALES
9.05.001 - Animal breeding—Permit required.
(a) No person, firm, corporation, or association shall breed with the intent to sell, nor
offer for sale, any animal of a type normally kept as a household pet without having first
obtained the appropriate permit from the division.
(1) In the event that the breeding operation qualifies as a hobby breeder under the
definitions of this title, the permit type issued shall be that of a hobby breeder permit.
(2) All other breeding operations shall be permitted as a commercial animal operation.
(b) Application, approval, and maintenance of this permit shall be independent of, and in
addition to, any other permits required by this code.
(c) Issuance of a permit under this section does not supersede, negate, or otherwise
eliminate the requirement of an animal owner or keeper to comply with all other
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municipal, county and state regulations, ordinances, and laws related to the keeping,
breeding and/or sale of animals.
(Ord. No. 3498, 11-7-23)
9.05.002 - Advertisement of animals for sale.
Any hobby breeder or commercial animal operation offering the sale of a househ old pet
shall include the permit number issued for that operation in any print, electronic, or other
form of advertisement.
(Ord. No. 3498, 11-7-23)
9.05.003 - Hobby breeder permit—Inspection required.
(a) The division shall conduct an inspection of the associated animal facility upon
receipt of an application for a new hobby breeder permit and from time to time as may
be deemed necessary by the chief animal control officer to ensure appropriate animal
care and management.
(b) Routine hobby breeder permit inspections may be conducted without prior
notification to the permit holder or applicant during the normal business hours of the
division.
(c) Inspections conducted in conjunction with an investigation of alleged or suspected
animal welfare concerns or permit violations may be conducted as necessary for that
purpose. (d)
Refusal of an applicant or permit holder to allow an inspection shall be grounds for
denial or revocation of the hobby breeder permit.
(Ord. No. 3498, 11-7-23)
9.05.004 - Hobby breeder permit—Issuance and revocation.
(a) An applicant shall be issued a hobby breeder permit by the chief animal control
officer upon successful completion of an inspection of the associated animal facility and
payment of any associated fees as may be established by the board of supervisors.
(b) A hobby breeder permit may be immediately denied, suspended, or revoked by the
chief animal control officer upon due investigation and determination that:
(1) The issuance of such permit creates, is likely to create, or promotes a public
nuisance; or
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(2) The permit holder or applicant has failed to maintain the premises in a clean,
sanitary condition and poses an unreasonable risk to the health, safety and welfare of
the animals residing at the premises; or
(3) The permit holder or applicant has failed to provide appropriate care, housing, or
confinement for the animals in his or her keeping; or
(4) The permit holder, applicant, or other resident of the property for which the permit is
sought has been convicted of any offence involving a violation of S ection 597 of the
California State Penal Code or any other equivalent municipal, county, or state law or
code.
(5) The permit holder or applicant is maintaining or breeding animals in violation of
municipal, county, or state law or code.
(c) In the event a hobby breeder permit is suspended or revoked, the holder of the
permit shall be given an opportunity for a hearing before an impartial hearing officer
from outside of the division, within forty eight business hours of the time of suspension.
Upon conclusion of the hearing, the hearing officer may decide to:
(1) Dismiss the suspension or revocation and reinstate the permit with or without
conditions; or
(2) Suspend or revoke the permit.
This hearing shall be conducted in accordance with procedures adopted by the division
and the hearing officer's decision shall be final.
(Ord. No. 3498, 11-7-23)
9.05.005 - Hobby breeder permit—Term, fee, and delinquency.
(a) Hobby breeder permits shall be issued for the calendar year, or any part thereof,
during which the operation is maintained. Each permit shall expire on December 31 of
the current year.
(b) The division may assess a fee for the issuance or the annual renewal of a hobby
breeder permit. No proration of the fee shall be made for new permit or renewal
applications submitted after January 1, provided that permits issued for new
applications submitted after October 1 shall be valid until December 31 of the following
year.
(c) A renewal application may be submitted at any time during the calendar year without
penalty, provided that such application is made prior to the breeding of the animals to
be covered by the permit. In the event that a renewal application is not submitted prior
to the breeding, the division may assess a penalty fee.
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(Ord. No. 3498, 11-7-23)
9.05.006 - Report of animal sales.
Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to
the division within thirty days of the event. Such report shall include:
(a) Date of sale;
(b) Species, breed, age, sex, and color of the animal; and
(c) Name and physical address of purchaser.
(Ord. No. 3498, 11-7-23)
Chapter 9.06 - COMMERCIAL ANIMAL OPERATIONS
9.06.001 - Commercial animal operation—Permit required.
(a) No person shall conduct any commercial breeding, kennel, stable, pet shop or other
commercial animal operation as defined in this title without first obtaining the
appropriate permit from the division.
(b) Issuance of a permit to operate under this section does not supersede, negate, or
otherwise eliminate the requirement of an animal owner or keeper to comply with all
other municipal and or county regulations and ordinances related to the sale or keeping
of animals.
(Ord. No. 3498, 11-7-23)
9.06.002 - Commercial animal operation permit—Operational standards.
(a) The division shall establish minimum standards of sanitation, animal care, and
animal housing for the operation of a commercial animal facility. In the event that
another law or regulation sets forth different standards regarding the sanitation, care
and housing of animals at the facility, the more restrictive law or regulation shall control.
(b) Failure of a permit holder to correct a deficiency in operational standards upon
notification by the division constitutes an infraction.
(Ord. No. 3498, 11-7-23)
9.06.003 - Commercial animal operation permit—Inspection required.
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(a) The division shall conduct an inspection of the associated animal facility upon
receipt of an application for a new commercial animal operation permit and from time to
time as may be deemed necessary by the chief animal control officer to ensure
appropriate animal care and management.
(b) Routine commercial animal operation permit inspections may be conducted without
prior notification during the normal business hours of the permitted animal facility.
(c) Inspections conducted in conjunction with an investigation of alleged or suspected
animal welfare concerns or permit violations may be conducted as necessary for that
purpose.
(d) Refusal of an applicant or permit holder to allow an inspection may be grounds for
denial or revocation of the permit.
(Ord. No. 3498, 11-7-23)
9.06.004 - Business license required.
(a) Unless exempted by county or municipal code, no person, firm, corporation, or
association may erect, establish, or maintain any commercial animal operation without
first obtaining a business license from the jurisdiction wherein the operation is located.
(b) Such business license shall be issued in a form and for a duration prescribed by the
issuing authority.
(Ord. No. 3498, 11-7-23)
9.06.005 - Emergency notification.
The owner or operator of a commercial animal operation shall post in a conspicuous
location, where it may be seen outside the locked premises, a notice listing the names
and telephone numbers of persons who may be contacted in the case of any
emergency.
(Ord. No. 3498, 11-7-23)
9.06.006 - Commercial animal operation permit—Issuance, suspension and
revocation.
(a) An applicant shall be granted a commercial animal operation permit by the chief
animal control officer upon submittal of a complete application, successful completion of
an inspection of the associated animal facility and payment of any associated fees as
may be established by resolution or ordinance by the board of supervisors.
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ATTACHMENT 6
(b) Any permit issued under this title may be suspended or revoked by the chief animal
control officer upon the determination that:
(1) The permitted operation creates, is likely to create, or promotes a public nui sance; or
(2) The permittee, their agents or employees have failed to maintain the premises in a
clean, sanitary condition; or
(3) The permittee, their agents or employees have failed to provide appropriate care or
housing for the animals in their keeping; or
(4) The permittee, their agent, or employee has been convicted of any offense involving
a violation of Section 597 of the California State Penal Code; or
(5) The division determines that the application included any materially false
information; or
(6) The permittee, their agents or employees have failed to meet the operational
standards established by the division for a commercial animal operation or have
otherwise violated any other rule or regulation related to the operation of a commercial
animal operation.
(c) Prior to the suspension or revocation of any permit issued under this title, the
division shall conduct a hearing into the basis for such suspension or revocation.
(1) Notice of the hearing shall be mailed to the permittee or posted at the location of the
permitted operation at least five days prior to the date of the hearing.
(2) Written notice of the hearing findings shall be mailed to the permittee or posted at
the location of the permitted operation.
(3) Any order to suspend or terminate a permitted operation shall become effective no
sooner than seven, nor more than thirty, calendar days from the date of issuance.
(Ord. No. 3498, 11-7-23)
9.06.007 - Commercial animal operation permit—Appeal of denial, suspension, or
revocation.
(a) The applicant or holder of a commercial animal operation permit which has been
denied, suspended, or revoked may appeal the decision to the board of supervisors by
submitting a written request to the clerk of the board within seven days of the issuance
of such decision. The clerk shall set the matter for hearing at the earliest possible date
and shall give reasonable notice of the time and place thereof to the applicant or
permitee and to the division.
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(b) The board of supervisors, or their designee, shall hear the evidence offered by the
division and by the applicant or permitee and shall forthwith decide the issue.
(c) The decision of the board of supervisors, or their designee, shall be final.
(Ord. No. 3498, 11-7-23)
9.06.008 - Commercial animal operation permit—Term, fee, delinquency, fee
exemption.
(a) Commercial animal operation permits shall be issued for the calendar year, or any
part thereof during which the operation is maintained. Each permit shall expire on
December 31 of the current year, provided that such permit may be renewed without
penalty on or before January 1 of the next year.
(b) The division may assess a fee for the issuance or the annual renewal of a permit
which shall be established by resolution or ordinance by the board of supervisors. No
proration of the fee shall be made for new permit or renewal applications submitted after
January 1, provided that permits issued for new applications submitted after October 1
shall be valid until December 31 of the following year.
(c) A penalty fee may be assessed for permit renewal applications submitted after
January 31. The penalty fee shall be established by resolution or ordinance by the
board of supervisors.
(d) Non-profit humane organization conducting a commercial animal operation are
exempt from the assessment of permit fees provided that they submit documentation of
their Internal Revenue Service designation as a 501(c)3 organization at the time of
application and that they submit their renewal application prior to January 31.
(Ord. No. 3498, 11-7-23)
Chapter 9.07 - LICENSING
9.07.001 - Dog license—Required.
(a) All dogs, including dog hybrids, over the age of four months and being kept or
maintained in the county of San Luis Obispo for more than thirty days in any one year
period shall be licensed through the division.
(b) The owner, or the owner's agent, of any properties upon which a tenant keeps,
harbors, or maintains a dog subject to the licensing requirements established by this
section may, along with the animal owner, be jointly and severally liable for penalties
related to violations of subsection (a).
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(c) It shall be the responsibility of the division to administer those processes related to
the issuance of such license, including, but not limited to, the:
(1) Receipt and processing of applications for licensure;
(2) Distribution of license tags; and
(3) Maintenance of all records related thereto.
(Ord. No. 3498, 11-7-23)
9.07.002 - Dog license—Exemptions.
The provisions of this title requiring the licensing of dogs shall not apply to:
(a) Dogs on sale in a duly licensed and permitted pet shop or commercial animal
operation.
(b) Dogs owned by a duly licensed and permitted commercial animal operation,
provided that the animal is housed or maintained at the permitted facility.
(c) Every dog that is exempt from licensing requirements shall still be vaccinated
against rabies infection with a vaccine approved by the California Department of Public
Health for use in dogs, unless such animal would otherwise be exempt from the
vaccination requirement as provided in Section 9.08.003.
(Ord. No. 3498, 11-7-23)
9.07.003 - Dog license—Vaccination required.
The division shall not license any dog which has not been vaccinated against rabies
infection with a vaccine approved by the California Department of Public Health for use
in dogs or which has not been issued an exemption to the requirement for rabies
vaccination as provided for in Section 9.08.003.
(Ord. No. 3498, 11-7-23)
9.07.004 - Dog license term.
Each dog license shall be valid for a period of up to three years from the date of
issuance, provided that the term of validity may not extend beyond the expiration date of
the animal's rabies vaccination. In the event that a dog has been exempted from rabies
vaccination as provided for in Section 9.08.003, the term of the license shall be for one
year.
(Ord. No. 3498, 11-7-23)
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9.07.005 - Rabies deposit fee required.
Any person procuring a dog license without a valid rabies vaccination for reason of
redeeming an impounded animal or clearing a citation will pay a rabies deposit fee
which shall be established by resolution or ordinance by the board of supervisors. This
deposit is refundable upon proof of current vaccination through normal county refund
procedures. Proof of rabies vaccination shall be made to the division within thirty days
or the license will be void and the deposit forfeit.
(Ord. No. 3498, 11-7-23)
9.07.006 - Dog license tags.
Upon exhibition of the proper evidence of vaccination and payment of the license fee,
the division shall deliver to the person making such payment a metal tag with a unique
identification number and the words "San Luis Obispo County, CA" stamped thereon.
This tag shall be worn at all times by the dog for which it was issued. If the dog is
exempted from vaccination as established by Section 9.08.003, the dog tag shall have a
distinguishing mark as evidence of such fact.
(Ord. No. 3498, 11-7-23)
9.07.007 - Assistance animal tags.
Any assistance animal identification tag issued by the division in compliance with
California Food and Agriculture Code Section 30850 shall also serve as the license tag
for the dog to which it was issued.
(Ord. No. 3498, 11-7-23)
9.07.008 - License fees.
(a) The division shall assess a fee for each license issued. Such fee shall be
established by resolution or ordinance by the board of supervisors.
(b) A late penalty may be assessed in addition to the standard licensing fee for any
license renewal which is more than thirty days delinquent or for any new license
application which is submitted more than thirty days after the requirements established
in Section 9.07.001(a). Such fee shall be established by resolution or ordinance by the
board of supervisors.
(c) A reduced fee shall be assessed to senior citizens providing proof of age, provided
that the licensed animal has been altered. For the purposes of this section, "senior
citizen" shall be interpreted to mean any person over the age of sixty-five.
(Ord. No. 3498, 11-7-23)
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9.07.009 - License fee—Waived.
The licensing fee shall be waived for:
(a) Dogs which have been issued an assistance animal identification tag as established
by California Food and Agriculture Code Section 30850; and
(b) Dogs owned, appropriately trained and utilized by a public agency for the purpose of
assisting in law enforcement, search and rescue, or military activities; dogs being
trained for such purpose; dogs kept as breeding stock for such purpose; or dogs
previously utilized and retired from such purpose.
(Ord. No. 3498, 11-7-23)
9.07.010 - Counterfeiting prohibited.
It is a misdemeanor for any person to counterfeit a license tag, to remove a valid tag
from a dog with the intent of affixing that tag to another dog or transferring that tag to
another person, or to knowingly possess or place on a dog any such tag.
(Ord. No. 3498, 11-7-23)
Chapter 9.08 - RABIES CONTROL
9.08.001 - Rabies vaccination required—Dogs.
(a) The owner or custodian of any dog or dog hybrid over the age of four months shall
procure its vaccination against rabies virus infection.
(b) Every dog so vaccinated shall be revaccinated at an interval consistent with the
labeling directions for the specific vaccine and as approved by the California
Department of Public Health.
(Ord. No. 3498, 11-7-23)
9.08.002 - Rabies vaccination required—Cats.
(a) The owner or custodian of any cat or cat hybrid over the age of four months which is
allowed to roam at large shall procure its vaccination against rabies virus.
(b) Every cat so vaccinated shall be revaccinated at an interval consistent with the
labeling directions for the specific vaccine and as approved by the California
Department of Public Health for so long as it is allowed to roam at large.
(Ord. No. 3498, 11-7-23)
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9.08.003 - Exemptions from rabies vaccination requirements.
(a) The requirement for rabies vaccination for any dog or cat may, upon the approval of
the chief animal control officer, be waived for a period of up to one year following the
submission of a certification by a veterinarian listing a specific medical diagnosis or
condition affecting the animal and stating that due to such condition the administration
of a rabies vaccination poses a grave or life-threatening risk to the animal. The form of
such certification is to be specified by the chief animal control officer.
(b) Advanced age alone does not constitute a basis for the waiver of rabies vaccination
requirements.
(c) Any animal so exempted from rabies vaccination shall be restricted to the enclosed
yard or premises of the owner or keeper unless it is securely constrained by a leash no
more than six feet in length.
(Ord. No. 3498, 11-7-23)
9.08.004 - Rabies vaccination—Administration, certificates, and reporting.
(a) Vaccination against rabies infections shall be performed by a duly qualified and
licensed veterinarian using a vaccine of a type approved for use in that species of
animal by the California Department of Public Health.
(b) The veterinarian performing the vaccination shall issue to the owner or custodian of
the animal a certificate of vaccination which shall include:
(1) The manufacturer and type of vaccine used;
(2) The date of the vaccination;
(3) The duration of vaccination;
(4) A true description of the animal to which the vaccination was administered, including
species, age, breed, sex and color; and
(5) The name and address of the owner or custodian of the animal.
(c) A copy of the vaccination certificate shall be sent by the veterinarian to the division
within thirty days of said vaccination.
(Ord. No. 3498, 11-7-23)
9.08.005 - Reporting of bites.
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Any person bitten by a dog, cat, raccoon, skunk, bat, fox, coyote, bobcat, or other
animal of a species subject to rabies infection, any parent or guardian of a minor child
so bitten, any physician or healthcare provider treating a person so bitten, and any ot her
person having knowledge of a person so bitten shall, within twenty-four hours, notify the
division and report, if known:
(a) The name, address, and phone number of the person bitten;
(b) The type of animal inflicting the bite;
(c) The name, address, and phone number of the owner of the animal; and
(d) The time, date, and circumstances under which the bite occurred.
(Ord. No. 3498, 11-7-23)
9.08.006 - Biting animals—Penalty.
It is a misdemeanor for any person to permit any animal owned, harbored or controlled
by him or her, to inflict upon any human being a bite that penetrates the skin while the
person bitten is on any public place, or lawfully upon any private property.
(Ord. No. 3498, 11-7-23)
9.08.007 - Isolation of biting and rabies exposed animals.
(a) Any domestic animal of a species subject to infection by the rabies virus and which
has bitten a person shall be quarantined for a period of time as established by Title 17
of the California Code of Regulations Section 2606. The location and manner of the
quarantine shall be at the discretion of the chief animal control officer. In the event that
no time period for the quarantine is established by the California Code of Regulations,
the duration of quarantine shall be set by the chief animal control off icer in his or her
reasonable discretion.
(b) Any domestic animal of a species subject to infection by the rabies virus and which
has been exposed to a known or suspected rabid animal shall be quarantined for a
period of time as established by Title 17 of the California Code of Regulations Section
2606. The location and manner of quarantine shall be at the discretion of the chief
animal control officer. In the event that no time period for the quarantine is established
by the California Code of Regulations, the duration of quarantine shall be set by the
chief animal control officer in his or her reasonable discretion.
(c) Any hybrid animal which has been vaccinated against rabies infection shall, for the
purposes of administration of this section, be considered unvaccinated unless such
vaccine was specifically labeled and approved by the California Department of Public
Health for administration to hybrid animals.
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(d) Upon the request and consent of the owner or custodian, an animal subject to
quarantine under the provisions of this section may be euthanized prior to the
conclusion of the quarantine period provided that the animal's remains are submitted for
diagnostic testing in a manner consistent with established medical practice for the
assessment of rabies infection.
(e) The chief animal control officer or his or her duly authorized agent is hereby
empowered to enter upon any private property, including the home or residence where
an animal is kept or has strayed, to inspect, and if necessary to seize a nd impound any
animal for the purpose of enforcing this section.
(f) Any person who fails to produce and relinquish upon demand of the division any
animal subject to isolation under the terms of this section, disobeys any isolation order
issued by the division, or removes from its place of confinement any animal under
quarantine without the consent of the division is guilty of a misdemeanor.
(Ord. No. 3498, 11-7-23)
9.08.008 - Suspicion of rabies.
(a) Any person having ownership or custody of an animal demonstrating symptoms
indicative and suggestive of rabies infection, or any veterinarian treating such an
animal, shall immediately notify the division.
(b) Upon certification by a veterinarian that an animal is demonstrating signs indicative
and suggestive of rabies infection, the division may cause the animal to be humanely
euthanized and the remains submitted for diagnostic testing in a manner consistent with
established medical practice for the assessment of rabies infection.
(Ord. No. 3498, 11-7-23)
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