§ 6-1.23. Public nuisances.

(a)

Declaration. The following animals are hereby declared to be nuisances:

(1)

An animal causing significant damage to the property of a person other than its owner.

(2)

A fierce, dangerous or vicious animal which, in the opinion of the enforcing Animal Control Officer, cannot be restrained so as to remove all substantial risk of personal injury or substantial property damage.

(3)

An animal which causes unreasonable fouling of the air by odors.

(4)

An animal which causes seriously unsanitary conditions in enclosures or surroundings.

(5)

A dog, cat, or animal of similar or greater size which defecates on any public sidewalk, park, or building, or on any private property without the consent of the owner of such private property, unless the owner of or person responsible for such animal shall immediately and properly dispose of the defecation.

(6)

An animal or combination of animals which bark, whine, howl, cry or makes other loud and disturbing noises in an excessive, continuous, or untimely fashion as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking whining, howling, crying or other sound or cry interferes with any person of ordinary sensitivity in a reasonable comfortable enjoyment of life and property.

(7)

An animal which molests passersby or chases passing vehicles.

(8)

An animal which habitually or frequently attacks persons or other domestic animals.

(9)

A wild animal as defined in this chapter, if said wild animal is kept or harbored in an area of the City zoned for residential use.

(10)

An animal which is determined by the City Police Department or County Health Department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare or safety.

(11)

Public nuisances defined in California Penal Code Section 370.

(12)

The possession or maintenance of any dog, cat or other animal or the allowing of any dog, cat or other animal to be in violation of this chapter, in addition to a violation of this chapter, is hereby declared to be a public nuisance. The Animal Control Officer or any City Peace Officer is hereby directed and empowered to summarily abate any such public nuisance independent of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish said abatement including but not limited to the destruction of the dog, cat or other animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog or cat. Failure to comply with such conditions and restrictions is a misdemeanor.

The owner or keeper of such dog or cat shall reimburse the City for all costs incurred in enforcing compliance with the provisions of this section. The City, by and through the Police Department, may also commence appropriate proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the State of California for the abatement and redress of public nuisances.

(b)

Abatement. In the case of a fierce, dangerous or vicious animal described in subsection (a)(2) above, an Animal Control Officer may follow the procedures outlined in Subsection 6-1.24(c)(6). In all other cases described in subsection (a), the animal is subject to immediate impoundment, and to license revocation or suspension.

(c)

Violation. The owner of or person responsible for an animal committing any of the acts named in subsection (a) above is guilty of an infraction unless otherwise stated in this chapter.

(d)

Strict liability. The owner of or person responsible for an animal declared a nuisance shall be strictly liable for any pcrsonal injury or damage caused by such animal.

(§ 1, Ord. 666, eff. April 6, 2002)