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Santa Barbara City Zoning Code

Title 6

Animal Control

§ 6.04.010 Definitions.

The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
Department.
The Santa Barbara Police Department.
Enclosure.
A fence or structure that will prevent the entry of children and that will confine a potentially dangerous or a vicious dog, in conjunction with other measures that may be required to be taken by the guardian of the dog. The enclosure must be designed and maintained at all times in a manner that prevents the animal from escaping the enclosure.
Fowl.
Any chicken, turkey, goose, duck, pigeon, fancy pigeon, guinea fowl, pea fowl or poultry, but not a racing or homing pigeon.
Guardian.
A person owning or having possession, charge, custody or control of any animal.
Impounded.
Having been received into the custody of the City or into the custody of the Animal Control Supervisor or an animal control officer.
Isolation.
Confinement in such manner that the animal cannot bite any other animal or human being.
Kennel.
Any lot, building, structure, enclosure or premises whereon or wherein four or more dogs are kept or maintained for any purpose.
Leash.
A rope, leather strap, or similar device intended to control a dog on a City street or public place and which is no longer than six feet.
Police Animal.
An animal which has been trained to perform official police duties and is in fact being used by a peace officer in the performance of official duties.
Potentially Dangerous Dog.
A dog that:
1. 
While not present upon the property of the guardian and on at least two separate occasions within the prior 36-month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock;
2. 
When unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than as defined in this section;
3. 
When unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock while not present upon the property of the guardian of the dog.
Quarantine.
The confinement of any animal in such a manner so the animal may not expose to contagious disease or injure any person or other animal.
Racing or Homing Pigeon.
A pedigree pigeon which is banded and kept for the purpose of racing or homing sporting events conducted by a nationally affiliated sporting association such as, but not limited to, the American Racing Pigeon Union or the International Federation of Racing Pigeon Fanciers.
Service Animal.
A guide dog or seeing-eye dog trained by a person licensed under Business and Professions Code Section 7200, et seq., including a signal dog, other dog, or miniature horse, trained to do work or perform tasks for the benefit of a person with a disability, including, but not limited to, guiding persons with impaired vision, alerting persons with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
Severe Injury.
Any physical harm to a person or animal that results in a serious illness or injury, including, but not limited to, a major fracture, muscle tears, or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery.
Unlicensed Dog.
Any dog for which the City license fee for the current year has not been paid by the current guardian or to which the tag provided for in this title is not attached.
Vicious Dog.
"Vicious dog" means any of the following:
1. 
A dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person.
2. 
A dog that kills or inflicts on another domestic animal or livestock a severe injury, when the killed or injured animal is properly contained on the property of its guardian or is being walked on leash by its guardian or is being physically controlled by its guardian.
3. 
A dog previously designated as and currently listed as a potentially dangerous dog in the City of Santa Barbara, or its equivalent in another jurisdiction, which, after its guardian has been notified of that designation, continues the behavior described in this section or is maintained in violation of Section 6.22.070, a stipulation, an administrative decision, a court order, or restrictions placed upon it by another jurisdiction.
Voice and Sight Control.
The ability of a dog guardian to adequately control a dog by using voice commands and sight commands (such as hand gestures). In order for a guardian or keeper to have voice and sight control over a dog, the guardian must be able to see the dog's actions at all times; and
Be able to prevent the dog from engaging in the following behaviors, using voice and sight commands, without regard to circumstances or distractions:
1. 
Charging, chasing, or otherwise displaying aggression toward any person or behaving toward any person in a manner that a reasonable person would find harassing or disturbing;
2. 
Charging, chasing, or otherwise displaying aggression toward any dog;
3. 
Chasing, harassing, or disturbing wildlife or livestock; or
4. 
Failing to come to and stay with the guardian immediately upon command by such person.
(Prior code §5.1; Ord. 2715 §1, 1959; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.04.020 Disposition of Funds Collected Under Title.

All funds collected under the provisions of this Title shall be deposited to the credit of the City "General Fund," except for fees charged for vaccination at the dog vaccination clinics conducted by the County Health Officer may be retained by the veterinarian performing such vaccination provided, that the veterinarian shall provide all materials and supplies necessary to perform the vaccination.
(Prior code §5.9; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.04.030 Police Animals.

A. 
Right to enter. Any public or private place at which a police officer has a lawful right to enter or be present in the performance of official police duties may be entered by any police animal.
B. 
Prohibition. It is unlawful for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable, or kill any police animal.
C. 
Exemption. Police animals shall be exempt from the provisions of Section 6.08.020(B) while under the control of their handlers and in the performance of official police duties.
(Ord. 4246, 1983; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.04.040 Interference with Animal Control Duties.

It is unlawful for any person to interfere with, molest, hinder, resist or obstruct an animal control or law enforcement officer during the performance of his or her duties.
Animal control or law enforcement officers shall have the duty to enforce the provisions of this chapter and applicable state or local animal control laws.
(Prior code §5.42; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.04.050 Adequate Care.

A guardian of an animal must provide that animal with adequate feed, water, shelter, exercise, and veterinary care. A guardian of an animal cannot keep or permit to keep upon any premises, any animal in foul, offensive, obnoxious, filthy, or unsanitary conditions.
A. 
A guardian must, when ordered to do so by an animal control officer, provide care, feed, water, shelter, exercise, or veterinary care.
B. 
A guardian must, when ordered to do so by an animal control officer, clean or disinfect any stable, barn, stall, pen, coop, enclosure, building, or other place where any animal is kept, and/or any box, bin, or receptacle used for the accumulation of manure or waste.
C. 
The provisions of this section are applicable to any place where domestic animals are kept, including animal shelters, dealers, pet shops, exhibitors, kennels, catteries, groomers, boarding and establishments with a dog and/or cat fancier's license. An animal control officer or a law enforcement officer may enter any of these facilities at any time during the hours of 8:00 a.m. to 6:00 p.m. to inspect such facility for compliance with the provisions of this chapter.
D. 
Violations of this section will be grounds for immediate impoundment by the animal control officer.
(Ord. 6075, 2022)

§ 6.04.060 Irresponsible Guardian.

A guardian of an animal will be determined as an irresponsible guardian when any of the following occurs:
A. 
The guardian's animal(s) are impounded for being off the guardian's property in violation of any state or local law prohibiting the running of at large animals on three separate occasions within a 12-month period.
B. 
The guardian's animal is found at large in Santa Barbara, on two separate occasions within a 12-month period.
C. 
When unprovoked, the guardian's animal has bitten or caused less than severe injury on two separate occasions.
D. 
When unprovoked, the guardian's animal has caused severe injury or death to another animal off the guardian's property.
E. 
The guardian's dog has been declared a potentially dangerous or vicious dog under Chapter 6.24.
(Ord. 6075, 2022)

§ 6.04.070 Enforcement.

Violations of this chapter may be enforced pursuant to Chapters 1.25 and 1.28 of this Code and any other remedy available to the City.
(Ord. 6075, 2022)

§ 6.08.010 Raising Rabbits, Chickens and Fowl.

A. 
Generally. Except where two or fewer rabbits, chickens or fowl are kept as pets and not for commercial or breeding purposes, rabbits, chickens and other fowl may not be kept or raised unless in accordance with the following conditions:
1. 
No more than 15 rabbits, chickens or fowl, or any combination thereof, may be kept at any one time on any premises zoned pursuant to Title 28 of the Santa Barbara Municipal Code as R-4, R-3, R-2, R-1, E-3, or E-2, or zoned pursuant to Title 30 of the Santa Barbara Municipal Code as R-MH, R-M, R-2, RS-7.5 or RS-10.
2. 
No more than 30 rabbits, chickens or fowl, or any combination thereof, may be kept at any one time on any premises zoned pursuant to Title 28 as E-1, A-2 or A-1, or zoned pursuant to Title 30 as RS-15, RS-25 or RS-1a.
3. 
No more than 100 racing or homing pigeons may be kept at any one time on any premises within the City.
4. 
All rabbits, chickens, fowl or racing or homing pigeons shall be kept in cages, hutches or coops which shall be maintained in a clean and sanitary condition at all times. Any such cage, hutch or coop shall be located outside the front yard, as that term is defined in Chapter 28.04 or Section 30.300.250, and shall be located at least 100 feet from any property being used as a school, park, hospital or similar institution and at least 35 feet from any dwelling unit or structure used for human habitation and located on an adjoining lot.
B. 
Roosters. It is unlawful to keep or maintain a rooster.
(Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5459, 2008; Ord. 5798, 2017; Ord. 6075, 2022)

§ 6.08.020 Animals Running at Large and Grazing Prohibited - Exception - Nuisance.

A. 
Animals at large. It is unlawful for any guardian of an animal to cause or permit or allow the same to stray or run, or in any other manner to be at large in or upon any unenclosed lot or place. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the guardian permitted it to run at large. It shall likewise be unlawful for any guardian to cause or permit or allow the same to be staked out, or to herd or graze any animal upon any unenclosed private lot or land in such a manner that the rope or other attachment by which such animal is tethered may permit such animal to be or to go beyond the boundaries of the unenclosed private lot or land. Any animal, suffered or permitted to be at large, or otherwise to be within the City in violation of the provisions of this title, is declared to be a public nuisance.
B. 
Dogs in public. No dog is permitted upon a street or other public place unless on a leash not in excess of six feet in length and under the immediate care and control of the guardian thereof, except during supervised dog training classes, shows or exhibitions held in City parks when authorized by a Park Use Permit issued by the Parks and Recreation Department.
C. 
Off-leash dog areas in city parks and beach. Notwithstanding anything in this section to the contrary, properly licensed and tagged dogs without vicious, dangerous or aggressive propensities and which are healthy and not in heat may be exercised off-leash within the areas designated in subsection (C)(2) below, provided the dog is under the voice and sight control, care, and custody the guardian of the off-leash dog. Dogs that have been determined to be potentially dangerous or vicious, or that respond with aggression in the presence of other dogs are not permitted in off-leash dog areas.
1. 
Dog Guardian. An off-leash dog guardian must remain present with the off-leash dog at all times, must carry a leash, must leash the dog at the first sign of aggression, must clean up dog feces created by the dog, and bears full responsibility for filling any holes and repairing any damage created by the dog. The guardian of the off-leash dog must comply with rules and regulations regarding the park, and must remove the dog when the off-leash dog park is closed.
2. 
Off-Leash Dog Areas. Dogs may be exercised off-leash in the following areas:
a. 
Douglas Family Preserve, within the area posted by the Parks and Recreation Department in accordance with a resolution adopted by the City Council.
b. 
Elings Park, subject to the rules and regulations of the operator of the park.
c. 
Hale Park.
d. 
On the beach from the Shoreline Park Staircase west to the eastern edge of the Arroyo Burro Estuary.
e. 
MacKenzie Park, in the fenced designated off-leash area.
(Ord. 3744, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5049, 1998; Ord. 5218, 2002; Ord. 5323, 2004; Ord. 5906, 2019; Ord. 6075, 2022)

§ 6.08.025 Sanitation of Quarters.

It is unlawful for any person to own or maintain any cage, hutch, aviary, place, property or area in which any animal is kept in an unsanitary manner due to the accumulation of feces, urine, uneaten food or other matter that is harmful to the health, safety or welfare of the animal, other animals or any human being. Any feces, uneaten food, or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily and not allowed to accumulate.
(Prior code §5.3; Ord 2715 §2, 1959; Ord. 3744, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5218, 2002)

§ 6.08.030 Disturbing the Peace.

It is hereby declared to be a public nuisance, and it is unlawful for any person to keep, maintain or permit upon any lot or parcel of land under his or her control, any animal which, by any loud, unnecessary or repeated barking, sound, cry or other noise, shall unreasonably disturb the peace and comfort of any neighborhood.
(Prior code §5.5; Ord. 4078, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.08.035 Dog Noise Nuisance.

A. 
It is unlawful and a public nuisance for any person to keep, maintain or permit any dog under his or her charge, care, custody or control to emit excessive noise.
B. 
For purposes of subsection A of this section, the term "excessive noise" shall mean the utterance of barks, cries or sounds which are loud, frequent and continued over a period of time so as to deprive persons residing in two or more dwelling units in the neighborhood of the reasonable comfortable enjoyment of their property.
(Ord. 6075, 2022)

§ 6.08.040 Public Nuisance.

Any animal, domesticated or otherwise, which in the opinion of the Animal Control Supervisor or designated animal control officer has a propensity towards viciousness or ferocity, and has shown a capacity for attacking persons, animals or property, may be declared a public nuisance by the Animal Control Supervisor or designated animal control officer. The City, or any resident thereof, in his or her own name, may maintain an action in equity to abate such nuisance and to enjoin the guardian of such animal from permitting it to remain a menace to the public. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, the guardian of an animal determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action.
(Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.08.050 Abandonment of Animals.

It is unlawful for a guardian of any animal to abandon, leave, or fail to provide care for the animal.
(Prior code §5.6; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.08.060 Keeping Livestock.

Except as otherwise provided in Title 28 of this Code relating to the permitted uses in one-family residential (Title 28) or residential single unit (Title 30) zones, it shall be unlawful for any person to keep any cow, calf, hog, sheep, goat or any other hoofed animal, other than horses, on any lot less than one and one-half (1-1/2) acres in size. In addition, no such animals, nor any pen, stable, barn or corral shall be kept or maintained within 35 feet of any property line, dwelling or other building used for human habitation. The keeping of horses is subject to Santa Barbara Municipal Code Section 30.185.210.
(Prior code §5.13; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4517, 1988; Ord. 4621, 1990; Ord. 5798, 2017; Ord. 6075, 2022)

§ 6.08.070 Animals - Public Beaches and Harbor.

A. 
Prohibition. It is unlawful for any guardian to cause or permit or allow an animal, whether or not on leash or restraint, to be upon a beach or within the Santa Barbara Harbor except that:
1. 
Dogs are permitted on the beach at any point between Shoreline Park staircase and the westerly City limits subject to the provisions of Section 6.08.020; and
2. 
Horses are permitted on the beach at any point between Lighthouse Point and the westerly City limits if restrained in conformance with the provisions of Section 6.08.020; and
3. 
Horses may be allowed within sponsored parades on the beach between the eastern City limits and Stearns Wharf, between sunrise and 11:00 a.m. except on Sundays or holidays recognized by the City, if the parade sponsor holds both a special event permit from the Police Department according to Chapter 15.17 and a Parks and Recreation Department use permit according to Chapter 15.05, if restrained in conformance with the provisions of Section 6.08.020.
For the purposes of this section, the Harbor is defined as an area circumscribed on the west by the westerly edge of the breakwater and the easterly edge of Harbor Way, on the south by a straight line between the seaward end of the breakwater and the seaward end of Stearns Wharf, on the east by the westerly edge of Stearns Wharf, and on the north by Cabrillo Boulevard not to include any sidewalk adjacent thereto. It shall include all marinas, wharves, docks, the breakwater, lawns, buildings, sidewalks and parking lots, but not boats.
B. 
Exceptions. This section shall not apply to:
1. 
The owners of boats in the Harbor who are crossing the docks and landward areas of the Harbor to reach their boats or leave the Harbor with their dogs on leash and under their control.
2. 
Any person owning or having possession, charge, custody or control of a service animal.
3. 
A police animal.
(Ord. 3597, 1973; Ord. 3744, §7, 1975; Ord. 3828, 1976; Ord. 4067, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 4943, 1996; Ord. 4968, 1996; Ord. 5323, 2004; Ord. 6075, 2022)

§ 6.12.010 Dogs Prohibited in De la Guerra Plaza.

A. 
It is unlawful for any person owning or having possession, charge, custody or control of any dog to cause or permit or allow the same, whether or not on leash, to be upon the grass area known as De la Guerra Plaza.
B. 
This section shall not apply to any blind person owning or having possession, charge, custody or control of a guide dog or to a police dog.
C. 
This section shall not apply to participants in events issued a permit by the Parks and Recreation Director which permit specifically allows dogs upon De la Guerra Plaza.
(Ord. 3828, 1976; Ord. 4067, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5150, 2000)

§ 6.12.020 Dogs Creating Nuisance on Beaches, in Public Parks and on Sidewalks.

No person owning or having custody or control of any dog shall knowingly or through failure to exercise due care or control permit such dog to defecate or commit any other nuisance and allow such nuisance to thereafter remain on any beach, in any public park, or other public property, upon the sidewalk or parkway of any street, or upon any private property which is improved or occupied, without the consent of the owner or person in lawful occupation thereof. A person shall not be considered in violation of this section if the person has necessary equipment, i.e., shovel, bag, etc., readily available and does take immediate and necessary action to accomplish the removal of such nuisance. This section shall not apply to any blind person owning or having possession, charge, custody or control of a guide dog or to a police dog.
(Ord. 3859, 1976; Ord. 4067, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 4968, 1996)

§ 6.12.030 Vicious Dog - Defined.

The Animal Control Supervisor or designated animal control officer is authorized to determine whether a dog is vicious, and shall be guided by the following criteria: (1) whether or not the dog has bitten any person at any other time; (2) the circumstances surrounding the occasion indicating the temper or ferocity of the dog; (3) the reputation of the dog in the community with regard to its temper and ferocity; (4) its propensity to bite persons or animals without provocation or (5) its general menace to the public. The Animal Control officer need not consider whether the dog in question has been vaccinated and licensed as required by this title.
(Prior code §5.18; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.040 Vicious Dogs - Disposition.

If it is determined by the Animal Control Supervisor or designated animal control officer that any dog impounded pursuant to Section 6.16.050 is a vicious dog, the Animal Control Supervisor or designated animal control officer may thereupon order the person who owns or has the custody of the dog to keep the dog at all times securely fastened by a chain, or securely con-fined in a manner determined by the Animal Control Supervisor or designated animal control officer, until further order of the Animal Control Supervisor or designated animal control officer. If, given the severity of the bite or the temper and ferocity of the dog, it is the opinion of the Animal Control Supervisor that the dog should be destroyed, the owner of the dog shall be notified of the decision by certified mail sent to the address listed on the license application. Upon receipt of the notice, the owner shall have five calendar days to request a hearing before the Chief of Police or the designated representative. The decision of the Chief of Police or the designated representative shall be final. In the absence of a timely request for a hearing, the decision of the Animal Control Supervisor shall be final.
(Prior code §5.17; Ord. 3488 §1, 1971; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.050 Dog License Requirement.

A. 
Mandatory License Requirement - Altered Dogs. Any person owning or having custody or control of one or more dogs in the City shall obtain a license and pay the license fee for custody or control of each such dog over the age of four months. The license fees authorized by this chapter shall be established by resolution of the City Council, and such fees shall be set at a lesser amount for dogs which have been spayed or neutered. In the event the animal to be licensed has been spayed or neutered prior to the issuance by the City of the first license to that dog, a written statement[1] from a licensed veterinarian certifying the dog to have been spayed or neutered must be presented at the time the license is obtained in order to qualify for a reduced dog license fee.
[1]
See exhibit at end of Section 6.12.055.
B. 
Mandatory License Requirement - Unaltered Dogs. For those dogs which are to be licensed as nonspayed or non-neutered dogs, prior to the issuance by the City of the first license to a dog, and each time a City dog license is issued after the renewal of a rabies vaccination certificate for that dog, the owner of an unaltered dog shall present to the City a copy of the veterinary certificate (as such certificate is shown in the form attached to this chapter as an exhibit) certifying that the owner has discussed the potential concerns which may arise in owning and keeping an unaltered dog with a duly-licensed veterinarian and that the owner has been counseled by the veterinarian on the owner's responsibilities in keeping an unaltered dog. The unaltered dog certification required by this subsection may, at the discretion of the veterinarian, be incorporated into the wording of the rabies vaccination certificate issued by that veterinarian.
C. 
License - Period of Validity. The license period shall not extend beyond the remaining period of validity for the current rabies vaccination. A license shall only be issued if the rabies vaccine is current through the entire licensing period. A license shall be purchased for either a six-month period, 12-month period, 24-month period or a 36-month period. The license fee shall not apply to any dog kept or maintained exclusively in any dog kennel in the City. No dog license required by this section shall be transferable.
D. 
Transfer of Ownership of Dogs. Within 30 days of the transfer of ownership of any licensed dog, the person receiving ownership shall obtain a license as set forth in subsection A of this section.
E. 
Possible Penalties for Failure to Comply. Failure to comply with the provisions of subsections A and B of this section may result in the impoundment of the dog or a fine or both. At the discretion of the City Animal Control Supervisor, a dog determined to be vicious under Section 6.08.040 or 6.12.040 may not be issued an unaltered dog license.
(Ord. 3744 §7, 1975; Ord. 4067, 1980; Ord. 4087, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5531, 2010)

§ 6.12.055 Unaltered Cat License Requirement.

A. 
Mandatory License Requirement - Unaltered Cats. Any person owning, keeping, or having custody or control of one or more unaltered cats in the City shall obtain a cat license from the City and pay the required license fee for having custody or control of each unaltered cat over the age of four months. The license fee authorized by this chapter for unaltered cats shall be established by resolution of the City Council.
B. 
Unaltered Cats - Veterinarian Certificate. For those cats licensed as required by subsection A above, prior to the issuance by the City of the first license to such a cat, and upon the issuance of each City license thereafter, the owner of an unaltered cat shall present to the City a copy of a veterinary certificate (as such certificate is shown in the form attached to this section as an exhibit) certifying that the owner has discussed the potential concerns which may arise in owning or keeping an unaltered cat with a duly-licensed veterinarian and that the owner has been counseled by the veterinarian on the owner's responsibilities in keeping an unaltered cat.
C. 
License - Period of Validity. A license for an unaltered cat may be purchased for either a six-month period, a 12-month period, a 24-month period, or a 36-month period. No unaltered cat license required by this section shall be transferable.
D. 
Transfer of Ownership of Cats. Within 30 days of the transfer of ownership of any licensed unaltered cat, the person receiving ownership of or now keeping a cat shall obtain a cat license as set forth in subsection A of this section.
E. 
Possible Penalties for Failure to Comply. Failure to comply with the provisions of subsections A and B of this section may result in the impoundment of the cat or a fine or both.
EXHIBIT TO SECTIONS 6.12.050 AND 6.12.055
VETERINARIAN CERTIFICATE OF COUNSELING FOR NON-SPAYED OR NON-NEUTERED DOGS OR CATS
This Certificate is to certify that _______________, D.V.M., has discussed the potential problems and concerns which may arise in keeping and properly maintaining a dog or cat which has not been altered and the responsibilities which come with owning an unaltered dog or cat, with (insert owner's name), the owner of the dog or cat.
I have been advised by the owner that this pet will be kept at the following address within the City of Santa Barbara, which will be the licensing address:
(insert address for license and where pet will be kept)
I also certify that I provided this owner with the informational materials and literature on how to responsibly and properly keep and maintain a non-spayed or non-neutered pet, and I have discussed this information with him or her and advised them of their ownership responsibilities.
DATED:
, DVM
 
ADDRESS
(Ord. 5531, 2010)

§ 6.12.058 Special Fund - Unaltered License Surcharge.

Notwithstanding Section 6.04.020, in establishing the amount of City pet license fees for the keeping of an unaltered pet pursuant to Section 6.12.050 or Section 6.12.055 hereof, the City Council may also establish a license surcharge amount, which surcharge is to be earmarked into a special City fund for use, at the discretion of the Chief of Police, in funding City educational outreach activities regarding the possible concerns with owning an unaltered pet and to foster methods to encourage City pet owners to be responsible in the ownership and maintenance of an unaltered pet.
(Ord. 5531, 2010)

§ 6.12.060 Dog or Cat License Information.

Each dog or unaltered cat license shall state the name, address, and telephone number of the person to whom such license is issued, the amount paid, the date when issued, the date on which such license shall expire, and in the case of an individual dog or cat license, a description of the dog or cat for which such license is issued, and the number of the metallic tag accompanying the license. In the case of a kennel license, such license shall show, in addition to the above information, the maximum number of dogs or cats which may be kept in such kennel under authority of such license.
(Prior code §5.23; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5531, 2010)

§ 6.12.080 Vaccination Certificate - Prerequisite to Issuance.

No license shall be issued for a dog until it has been vaccinated in accordance with Section 6.16.070, and the owner or person in possession of the dog submits a certificate of vaccination approved by the Health Department from a licensed veterinarian confirming the approved vaccination for such dog as described in Section 6.16.080.
(Prior code §5.36; Ord. 2715 §4, 1959; Ord. 3102 §2, 1966; Ord. 3744 §9, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.100 Kennel License - Requirements.

Any person conducting, managing or maintaining a dog kennel shall obtain a kennel license and pay to the City a license fee in an amount established by resolution of the City Council.
The applicant for a kennel license shall present the property as a kennel prior to the issuance of a license.
(Ord. 3673 §1, 1974; Ord. 4087, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.110 Kennel Fees - Licensed Dogs May Be Excluded.

In ascertaining the number of dogs being kept or maintained in any kennel, duly licensed dogs shall be excluded from such number in the event that the person conducting, managing or maintaining such kennel furnishes, at the time of making application for such kennel license, an affidavit stating the number of such licensed dogs and the license number of each such dog; provided, however, that for any kennel containing any such licensed dogs there shall be paid a kennel license fee in an amount equal to the minimum amount required for dog kennels.
(Prior code §5.28; Ord. 3744 §9, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.120 Official Tag - Issuance.

Upon exhibition of the proper certificate of vaccination (when applicable) and payment of the license fee, there shall be delivered to the person making such payment a metal pet license tag, with the serial number, the year and "Santa Barbara City" stamped or cut thereon, and, when applicable, the word "vaccinated" stamped thereon. Such dog or cat tag shall be securely affixed to a collar or harness, which shall at all times be worn by such dog or cat. The tag while attached to the dog's or cat's collar or harness shall be prima facie evidence that the dog or cat for which the same was issued has been vaccinated (when applicable) and licensed during the licensing period for which the tag was issued.
(Prior code §5.30; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 5531, 2010)

§ 6.12.130 Absence of Official Tag - Presumption.

If any dog is found in or upon any place in the City without having an official tag attached to his or her collar or harness as required by this chapter, the dog shall be presumed to be an unlicensed dog and not to have been vaccinated or licensed as required by law.
(Prior code §5.33; Ord. 2715 §7, 1959; Ord. 3744 §10, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.140 Official Tag - Duplicates.

Whenever the official license tag issued for the current licensing period has been lost, taken or stolen by parties unknown to the owner or person having the care, custody or control of the dog for which the same has been issued, such owner or person having the care, custody or control of such dog may, upon the payment of the required fee and exhibition of his or her certificate of vaccination and on making and subscribing to an affidavit of such loss, receive a duplicate tag for the remaining portion of the licensing period for which the original dog tag was issued. Duplicate metal license tags may be obtained for any valid license for which current fees have been paid upon payment of an additional charge which shall be established by a resolution of the City Council.
(Prior code §5.34; Ord. 3744 §9, 1975; Ord. 4087, 1980; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.150 Exemptions from Chapter.

The provisions of Sections 6.12.050 to 6.12.140 shall not apply to dogs owned by or in charge or care of persons who are (1) non-residents of the City and (2) traveling through the City or temporarily residing therein for a period not exceeding 30 days, nor to dogs temporarily brought into the City for the exclusive purpose of entering the same in a bench show or dog exhibition.
(Ord. 3597, 1973; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.160 Guard Dog.

A. 
Guard dog. Any dog kept, used or maintained to guard, protect, patrol or defend any property, premises or person within the City limits.
B. 
Notice and signs. No person shall keep, use or maintain any guard dog unless the premises are posted to warn of a guard dog on the property. The warning shall consist of a sign placed at each entrance and exit to the property in a position to be legible from the sidewalk or ground level adjacent to the sign. If the property is not enclosed by a wall or fence, a sign shall be placed at every entrance and exit to each structure on the premises. Each sign shall measure at least 10 inches by 14 inches and shall contain block lettering on a white background stating "Warning Guard Dog on Duty." In addition, the sign shall set forth the name, address and telephone number of the person or persons to be notified during any hour of the day or night who will proceed immediately to the location to permit entry by the Animal Control Supervisor or any animal control officer. A copy of such information shall also be delivered to the Animal Control Supervisor.
C. 
License. No person shall keep, use or maintain a guard dog on any premises unless each dog has its license tag securely affixed to its collar or harness.
D. 
Tether requirements. No person shall keep, use or maintain any guard dog on any property or premises used for commercial or industrial purposes during business hours unless such guard dog is confined to a completely enclosed pen, is maintained by a tether not longer than five feet or is confined to an area away from contact by persons authorized to be on the property or premises.
(Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.12.170 Dogs in Vehicles.

A. 
No person shall transport or carry on any public street any dog in any unenclosed portion of a motor vehicle unless the dog is protected by a cage, pen or crosstie which will prevent the dog from falling from, being thrown from, or jumping from the motor vehicle.
B. 
No person shall leave a dog in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the dog's health or welfare.
C. 
No person shall leave a dog in an unattended motor vehicle without assuring that the dog cannot escape or bite persons passing by the vehicle.
(Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.16.010 Suspicion - Report to County Health Officer.

Whenever the guardian of an animal observes or learns that their animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the guardian shall immediately notify the Police Department. An animal control officer shall make or cause an inspection or examination, and if warranted by signs of disease, ensure that an examination of the animal be made by a licensed veterinarian until the existence or nonexistence of rabies in the animal is established by the veterinarian. The animal shall be kept isolated in a shelter, or veterinary hospital, or in a manner approved by the animal control officer, including home quarantine where the officer determines that it is appropriate. If after 10 days there are no symptoms of rabies, the animal shall be released. The County Health Officer or his/her designated agent shall destroy any animal exhibiting signs of rabies.
(Prior code §5.36; Ord. 2715 §8, 1959; Ord. 3127 §2, 1966; Ord. 3744 §12, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.020 Suspicion - Inspection on Private Property.

The County Health Officer is hereby authorized and empowered to enter upon private property where any dog or other animal is kept or believed by them to be kept, for the purpose of ascertaining whether the dog or other animals are afflicted or infected with rabies.
(Prior code §5.37; Ord. 3744 §12, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.030 Disposal - Laboratory Specimens - Cost.

If any rabid animal, clinically suspected rabid animal or biting animal dies or has been destroyed, adequate specimens shall be obtained and examined in a Public Health laboratory approved by the State Health Department. All costs incurred shall be paid by the guardian of the animal.
(Prior code §5.38; Ord. 2715 §9, 1959; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.040 Quarantine - Confinement Specified.

If, in the opinion of the County Health Officer, an outbreak of rabies appears imminent in any part of the City, the County Health Officer may: (1) establish a rabies quarantine area, which may include the entire City; and (2) specify the animals subject to quarantine. Every guardian of any such animal in any quarantine area shall at all times keep the animal securely fastened with a rope, chain, or leash, or confined within the private property of the owner. Any animal found at large in or upon any place in a rabies quarantine area shall be captured and confined in the animal control facility until the animal is established as being free from rabies, at which time it may be reclaimed by its guardian, upon payment of such fees as are provided by resolution of the City Council.
(Prior code §5.39; Ord. 2715 §10, 1959; Ord. 3744 §12, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.050 Reports of Animal Biting - Isolation - Release - Cost.

Any guardian of an animal that bites any person, and any person bitten by such animal, shall report the same to the Police Department within 24 hours. The Police Department upon the receipt of such report will investigate and inform the Animal Control Supervisor or designated animal control officer and the County Health Officer of the available information concerning the bite. The animal shall be kept isolated for 10 days in a shelter, or in a veterinary hospital, in a manner approved by the animal control officer, including in at-home quarantine, where the officer determines that it is appropriate. All dogs shall be vaccinated and licensed before release. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing to the animal control officer. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal by Animal Control. All costs incurred shall be paid by the guardian of the animal.
(Prior code §5.40; Ord. 2715 §11, 1959; Ord. 3127 §3, 1966; Ord. 3744 §12, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.055 Failure to Isolate or Surrender Biting Animal.

It is unlawful for a guardian to fail to isolate an animal in the manner required by the Animal Control Supervisor, designated animal control officer, or County Health Officer pursuant to Section 6.16.050. It is unlawful for a guardian to fail to surrender to the Animal Control Supervisor, designated animal control officer, or County Health Officer any animal required to be taken up and isolated by the Animal Control Supervisor, designated animal control officer, or County Health Officer pursuant to Section 6.16.050.
(Ord. 3995, 1979; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.060 Redemption of Animals Free of Rabies - Disposition of Unclaimed Animals.

In the event that an animal appears to be free from rabies following capture and the guardian desires to claim the animal, it shall be returned to the guardian upon exhibition of a proper certificate of rabies vaccination, receipt of an official license tag in the case of a dog, and upon payment of all impound fees and such other fees as are hereafter provided in this chapter. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal.
(Prior code §5.41; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.070 Vaccination - Required.

A guardian of a dog or cat over four months of age in the City's jurisdiction must have the dog or cat vaccinated against rabies by a licensed veterinarian on or before the latest of the following dates:
A. 
15 days after first acquiring the dog or cat;
B. 
15 days after bringing the dog or cat into the Department's jurisdiction.
(Prior code §5.19; Ord. 3744 §12, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.16.075 Re-vaccination.

A guardian of a dog or cat in the City's jurisdiction that has been vaccinated against rabies is required to have the dog or cat re-vaccinated within a period of not more than:
A. 
12 months after the dog's or cat's initial vaccination if the dog or cat was between three months and one year of age at the time of such vaccination; and
B. 
36 months after each subsequent vaccination.
C. 
A guardian of a dog or cat may obtain a waiver from a veterinarian if immunization would compromise the animal's health.
(Ord. 6075, 2022)

§ 6.16.080 Vaccination - Certificate of Vaccination Issued to Guardian.

A licensed veterinarian who vaccinates a dog or cat against rabies must immediately issue a certificate of vaccination signed by the veterinarian to the guardian or custodian of the dog or cat, and a duplicate certificate to the Animal Control Supervisor, stating:
A. 
The name and address of the guardian of the vaccinated dog or cat;
B. 
The type of vaccine used, the name of the manufacturer, the manufacturer's serial or lot number, and the date of the vaccination; and
C. 
The breed, age, color, and sex of the vaccinated dog or cat.
(Prior code §5.20; Ord. 3744 §§12, 13, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.010 Duties Generally.

The Animal Control Supervisor and all animal control officers shall have the duty to enforce the provisions of this title and applicable state animal control laws.
(Prior code §5.46; Ord. 2715 §12, 1959; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.020 Records.

The Animal Control Supervisor or designated animal control officer shall keep a record of each animal impounded for no less than the authorized records retention period.
(Prior code §5.47; Ord. 4346, 1987; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.030 Capture of Dogs.

The Animal Control Supervisor, and all animal control officers, must, and are hereby authorized and empowered to, capture any unlicensed dog or dog not vaccinated as required by law, which is found running at large, upon or in any place within the City and confine such dog at the animal control facility.
(Prior code §5.48; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.040 Retention Without Guardian's Consent.

Upon the discovery of a lost dog, cat or other animal under circumstances which give knowledge of, or means of inquiry as to, the guardian, the person so discovering the dog, cat or other animal shall promptly take reasonable steps to notify the guardian or the Animal Control Supervisor or designated animal control officer.
(Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.050 Notification to Guardian of Impounded Dogs.

The Animal Control Supervisor, all animal control officers, or other person capturing and holding a dog under the provisions of this chapter shall make reasonable effort to locate and notify the guardian that the animal is being held at the animal control facility and may be reclaimed within a period for holding an owned animal under California Food and Agricultural Code Sections 31108, 31752, and 31752.5. No dog shall be released without payment of all impound fees, outstanding animal control citations more than 30 days old, and evidence of a proper certificate of vaccination and license. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal.
(Prior code §5.49; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.060 Confinement and Examination of Dogs.

Any dog impounded by the Animal Control Supervisor and animal control officers by reason of no current vaccination shall be confined at the animal control facility at the guardian's expense. The dog shall not be released without receipt of a current vaccination and license. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal. It shall be the duty of the County Health Officer to examine or cause to be examined by a licensed veterinarian any animal suspected of having rabies to determine whether or not it is so afflicted.
(Prior code §5.50; Ord. 3744 §14, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.070 Notification of County Health Officer of Suspected Rabid Dogs.

The Animal Control Supervisor or animal control officer(s), shall immediately notify the County Health Officer of the location and description of any dog or other animal infected or believed to be infected with or exposed to rabies.
(Prior code §5.51; Ord. 3744 §14, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.080 Treatment of Animals.

The Animal Control Supervisor or designated animal control officer shall provide the necessary subsistence for animals while in custody and shall not alter, nor allow to be altered any mark or brand thereon, and shall not allow cruel treatment of the animal.
(Prior code §5.52; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.20.090 Destruction of Impounded Animals.

A. 
It shall be the duty of the Animal Control Supervisor or an animal control officer to humanely destroy, without cost to the individual owner, any and all animals, which shall be brought to the animal control facility, not less than three days after the taking up and impounding of any animal unless it be sooner redeemed.
B. 
Whenever any animal is impounded which by reason of old age, disease or other infirmity is unfit for further use or dangerous to be kept impounded, the Animal Control Supervisor shall within 24 hours destroy such animal.
(Prior code §5.53; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990)

§ 6.22.010 Right of Entry and Inspection.

A. 
An animal control or a law enforcement officer may enter private property to inspect the premises only if:
1. 
The owner or occupant of the building or property consents to the entry and inspection after the authorized animal control or law enforcement officer presents their credentials and explains the reasons for the entry and inspection; or
2. 
The authorized animal control or law enforcement officer obtains a warrant for the entry and inspection of the building or property under Sections 1822.50 to 1822.57 of the Code of Civil Procedure; or
3. 
The authorized animal control or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that an immediate inspection is necessary to safeguard an animal or public health and safety. Under these circumstances, the employee or officer may use reasonable means to immediately enter and inspect the building or property after presenting their credentials to the owner or occupant and requesting entry, if possible under the circumstances.
B. 
This section does not prohibit an authorized animal control or law enforcement officer from entering property for the purpose of capturing an animal running at large.
(Ord. 6075, 2022)

§ 6.22.020 Authority to Seize and Impound Animal Posing an Immediate Threat to Public Safety.

An animal control or law enforcement officer may seize and impound a dog at large when probable cause exists that the dog poses an immediate threat to public safety. The guardian of the dog is liable for the impound fee and costs if the dog is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the dog, but no later than 14 days after the dog is available to be released.
(Ord. 6075, 2022)

§ 6.22.030 Initial Administrative Review by Animal Control Supervisor of Potentially Dangerous Dog.

If grounds exist, the Animal Control Supervisor may impose conditions on the keeping of a potentially dangerous dog in lieu of serving a petition to determine if the dog is potentially dangerous. The Animal Control Supervisor will give written notice to the dog guardian of their intention to impose conditions on the keeping of the dog. Within no more than 14 calendar days after the written notice, the guardian may agree to the designation of potentially dangerous dog and to the conditions or may submit a written request for a hearing as provided in Section 6.22.040. Upon agreement, the guardian must comply with the imposed conditions. Failure to do so is enforceable as provided in Santa Barbara Municipal Code Chapters 1.25 and 1.28 as well as any other applicable provision of the Code.
(Ord. 6075, 2022)

§ 6.22.040 Potentially Dangerous or Vicious Dog Administrative Hearing.

A. 
Hearing. The administrative hearing procedure described in this section is established pursuant to Food and Agricultural Code Section 31621. If an animal control officer or a law enforcement officer has investigated and determined that there is probable cause to believe that a dog is potentially dangerous or vicious, the Animal Control Supervisor shall set an administrative hearing, to determine whether or not the dog in question should be declared restricted or vicious.
B. 
Notice of hearing and petition.
1. 
Subsequent to the investigation showing probable cause that a dog is potentially dangerous or vicious, the Animal Control Supervisor shall prepare a document that lays out the allegation that the dog is potentially dangerous or vicious and the supporting evidence.
2. 
Whenever possible, a complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the notice.
3. 
A notice of the hearing shall be personally served on the guardian or deposited in the mail to the guardian within three calendar days of the seizure of the dog. The Animal Control Supervisor shall notify the guardian of the dog that an administrative hearing will be held, at which time they may present evidence as to why the dog should not be declared dangerous or vicious.
4. 
The hearing shall be held promptly within no less than five working days nor more than 10 working days after the service upon the guardian of the dog. For the purposes of this chapter, service is complete either: (a) when the documents are personally served; or (b) five business days after the documents are deposited in the mail, whichever is earlier.
C. 
Conduct of hearing. The hearing shall be conducted as an administrative hearing. The administrative hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The administrative hearing officer may find, upon a preponderance of the evidence, that the dog is dangerous or vicious and shall make other orders or findings required or authorized by this chapter. The administrative hearing officer may decide all issues for or against the guardian of the dog, even if the guardian fails to appear at the hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions. The hearing shall be open to the public.
D. 
Administrative hearing officer. The hearing shall be conducted by a neutral hearing officer. The Department may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who seized or directed the seizure of the dog.
E. 
Record. The administrative hearing officer shall record the hearing on a recording device.
F. 
Following an administrative hearing, a written notice of the decision shall be served on the guardian of the dog either personally and/or by first class mail and certified mail return receipt requested within five calendar days after the date of the hearing.
(Ord. 6075, 2022)

§ 6.22.050 Appeal from Administrative Decision.

A. 
If the dog guardian contests the administrative hearing determination, they may, within 14 calendar days after the mailing of the notice of the administrative hearing determination, appeal the decision to the Santa Barbara Superior Court. The party appealing must serve notice of the appeal upon the other party personally or by first class mail, postage prepaid. The party seeking judicial review by the Superior Court must comply with all requirements of Code of Civil Procedure Section 1094.5, et seq.
B. 
The court hearing the appeal must conduct a hearing de novo, without a jury, and make its own determination as to the potential danger or viciousness of the dog, and make any orders authorized by this chapter, based upon the evidence presented. The court may admit all relevant evidence, including incident reports. The issue will be decided upon the preponderance of the evidence.
C. 
The court hearing the appeal may decide all issues for or against the dog guardian even if the guardian fails to appear at the hearing.
D. 
The determination of the court hearing the appeal is final and conclusive upon all parties.
(Ord. 6075, 2022)

§ 6.22.060 Conditions of a Potentially Dangerous Dog Determination.

A. 
The following conditions must be applied to a dog that has been determined to be potentially dangerous:
1. 
The dog, while on the guardian's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The Department must inspect and give written approval of the yard or enclosure before the dog is released to its guardian. If the dog was not impounded, the Department must inspect and give written approval of the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog guardian.
2. 
The dog may be off the guardian's premises only if it is restrained by a substantial leash, or appropriate length, and if it is under the control of a responsible adult.
3. 
Signs shall be placed at all gated entrances to the guardian's property indicating that a dangerous dog is present.
B. 
If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the guardian resides, the guardian shall notify the Department of the changed conditions and new location of the dog in writing within two working days.
C. 
The following conditions may be applied to a dog that has been determined to be potentially dangerous:
1. 
The dog may be off the guardian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while it is not on guardian's property.
2. 
The dog's guardian must notify the Department immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock. If the dog no longer resides with the guardian, or the dog is transferred to another person(s), the guardian must advise the Department of the dog's new location in writing under penalty of perjury, and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new guardian. Each subsequent guardian must provide each new guardian with a copy of the administrative decision or court order. Likewise, if the dog is moved to another jurisdiction, the guardian must provide the animal control authorities in the new jurisdiction with a copy of the administrative decision or court order within 14 days of the move.
D. 
The dog guardian must complete an obedience course for a minimum of 10 hours of training with the dog, at the guardian's expense within 60 calendar days after release of the dog to the guardian. The course must be approved by the Department before the release of the dog to the guardian. If the dog was not impounded, the dog guardian must obtain approval of the course by the Department within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog guardian.
E. 
The dog guardian may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $300,000.00 per occurrence. If required to maintain insurance, the guardian must show proof of insurance within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog guardian.
F. 
All charges for services performed by the Department and all fines must be paid before the release of the dog to its guardian or within 14 calendar days after the services are performed or the charges and fines are ordered to be paid. If the guardian does not take possession of the dog and pay the charges and fines within 14 calendar days after the services are performed or the fines are ordered to be paid, the dog will be deemed abandoned and may be treated as such by the Department.
(Ord. 6075, 2022)

§ 6.22.070 Consequences of Vicious Dog Determination.

A. 
A dog determined to be a vicious dog may be destroyed by the Department when it is found, after a hearing conducted under Section 6.22.040 or 6.22.050, that the release of the dog would create a significant threat to the public health, safety, or welfare.
B. 
If it is determined that a dog found to be vicious will not be destroyed, the judicial officer or administrative hearing officer must impose the conditions on a guardian of potentially dangerous dogs, the conditions required by this Section, and any other conditions necessary to protect the public health, safety, or welfare.
C. 
The enclosure that is required by subsection A of Section 6.22.060 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Department in writing before the release of the dog to the guardian. If the dog was not impounded, the dog guardian must obtain the written approval of the Department within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the dog guardian.
D. 
The guardian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The guardian must provide a copy of the notices to the Department before the release of the dog from impound. If the dog was not impounded, the dog guardian or custodian must provide a copy of the required notices to the Department within 14 calendar days after the administrative hearing or court determination declaring the dog is vicious.
E. 
The dog guardian must post one or more signs on the premises, at a location(s) approved by the Department, stating that a vicious dog resides on the premises. The sign(s) must be posted within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the guardian.
F. 
The guardian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.
G. 
A dog determined vicious may be prohibited from being off leash in public places in the City including any off leash parks.
(Ord. 6075, 2022)

§ 6.22.080 Compliance with Conditions and Consequences of Violation of Conditions.

A. 
The hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.
B. 
Consequences that may result from the failure of a guardian of a dog released after a hearing pursuant to Section 6.22.040 or 6.22.050 to comply with any of the conditions imposed under Section 6.22.060 or 6.22.070 include, but are not limited to, the following:
1. 
The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment in the County Jail for a period not to exceed six months, or by both the fine and imprisonment;
2. 
A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order.
(Ord. 6075, 2022)

§ 6.22.090 Removal of Designation.

A dangerous or vicious dog determination and designation may be removed after two years if the dog is three years of age or older and the guardian demonstrates to the Animal Control Supervisor that the dog poses no threat to people or animals.
(Ord. 6075, 2022)

§ 6.24.010 Guardian's Request - Fees.

It is the duty of the Animal Control Supervisor or designated animal control officer, upon the request of any guardian or possessor of any dead animal which was kept in the City immediately prior to its death to dispose of the dead animal and collect a fee for such service. The fees authorized by this chapter shall be established by resolution of the City Council. Nothing in this section shall be construed so as to require the animal control officer to transport any dead animal to the place of disposal, except as required in other sections hereof.
(Ord. 3673 §3, 1974; Ord. 4255, 1984; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.24.020 Public Places.

It is unlawful for any guardian who, having had the possession or control of any animal while alive, to place the body of such animal or to knowingly permit the body of such animal to remain in or upon any public street, alley, sidewalk, lane or other public place. It shall be the duty of the Animal Control Supervisor or designated animal control officer, whenever it comes to their knowledge that any dead animal is upon any of the public streets, alleys, sidewalks, lanes or any other public place within the City, to promptly dispose of the dead animal. The Animal Control Supervisor or designated animal control officer may charge and collect the fee set by resolution of the City Council from the guardian formerly having possession or control of the animal.
(Prior code §5.11; Ord. 3266 §2, 1967; Ord. 4255, 1984; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.28.010 Beekeeping.

It is unlawful for any person to keep bees except in a manner in compliance with the provisions of this chapter.
(Ord. 3642, 1974; Ord. 3769, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.28.020 Conditions for Beekeeping.

Each person, firm, company, corporation or other organization maintaining one or more colonies of honey bees, apis millifera, shall comply with all of the following conditions:
A. 
Each colony shall be maintained in movable-frame hives.
B. 
Adequate space shall be maintained in the hive to prevent over-crowding and swarming or aggressive behavior.
C. 
Each colony shall be registered with the County Agricultural Commissioner.
(Ord. 3642, 1974; Ord. 3769, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.28.030 Number and Location of Hives.

A. 
No more than four hives shall be maintained on lots having less than 10,000 square feet in area. On lots larger than 10,000 square feet, no more than one hive shall be maintained for each 5,000 square feet of additional lot area.
B. 
Hives shall not be placed within 20 lineal feet of any public street, sidewalk, or other public thoroughfare.
(Ord. 3642, 1974; Ord. 3769, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)

§ 6.28.040 Compliance with State Law.

Each person, firm, company, corporation or other organization maintaining one or more colonies of honey bees, apis millifera, shall comply with all state regulations governing bee management and honey production as provided in Division 13 of the Agricultural Code of the State of California. Those regulations are enforced by the County Agricultural Commissioner.
(Ord. 3642, 1974; Ord. 3769, 1975; Ord. 4346, 1985; Ord. 4460, 1987; Ord. 4621, 1990; Ord. 6075, 2022)