Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE

Part V
Regulation of Animals

Division 1
Animal Services

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SEC. 7-112 SHORT TITLE.
This title shall be known as the “Animal Services and Regulation Ordinance.”

SEC. 7-113 DEFINITIONS.
A. For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
1. “Adoption group” means an organized, licensed, insured, non-profit organization whose primary function is the adoption and placement of shelter animals.
2. “Animal” means any mammal, poultry, bird, reptile, fish, or any other dumb creature, including, but not limited to, horse, cow, goat, sheep, pig, pigeon, chicken, goose, rabbit, dog, or cat. Animals are classified by weight: large animal, over fifty (50) pounds; medium animal, between twenty-five (25) and fifty (50) pounds; small animal, under twenty-five (25) pounds.
3. “Animal quarters” means the premises and all buildings, hutches, pens, coops, yards, and their appurtenances used for the keeping of animals, commercial fur-bearing animals, poultry including pigeons, game and show birds, fowl and birds, or any other kind not specifically mentioned, and dogs and cats not kept in kennels and pet shops as herein defined; including, but not limited to, stables, poultry farms, pigeon farms, and rabbit farms.
4. “At large” means a dog off the premises of its owner and not under restraint by leash or chain.

5. “Chipping” means the injection of a microchip below the skin of an animal by a veterinarian, registered veterinary technician, or other qualified staff.
6. “Dog” means and includes female as well as male dogs. Dogs are classified by weight: large dog, over fifty (50) pounds; medium dog, between twenty-five (25) and fifty (50) pounds; and small dog, under twenty-five (25) pounds.
7. “Feral Cat” means a non-domesticated cat or one which has reverted from its domesticated state into an unstable condition being unsociable, untamed, and living as a wild animal.
8. “Foster” means a person who is willing to temporarily take and care for an animal until the time that animal becomes suitable for adoption as recognized by an adoption group and/or animal services management.
9. “Horse” means and includes mule, burro, pony, jack hinny, or jenny.
10. “Kennel” means any person, firm, or corporation engaged in breeding, buying, selling, distributing, or boarding dogs and/or cats.
11. “Litter Permit” means written authorization, issued annually by the Animal Services Supervisor or his or her designee, giving a lawful holder permission to breed a dog or cat.
12. “Owner” means any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any animal. Any person keeping or harboring a dog for fifteen (15) consecutive days shall be deemed to be the owner thereof, within the meaning of this title. This definition does not apply to governmental agencies; non-profit animal rescue organizations that are exempt from taxation under Internal Revenue Code section 501(c)(3); humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code sections 5110, et seq., and 10400; persons who provide feral cat care, in accordance with Section 7-138.1 of this Code; or licensed boarding, kennel, training, or veterinarian services.
13. “Person” means and includes any person, partnership, corporation, trust, and association of persons.
14. “Pet shop” means any person, firm, or corporation operating an establishment where live animals and/or birds are kept for sale, for hire, or sold.
15. “Porch Cat” means any domesticated cat that lives primarily outdoors and roams from house to house for food. Multiple households may provide food for this cat; but none take financial responsibility for its health care.
16. “Unlicensed dog” as used in this title means a dog for which the license for the current year has not been paid.
17. “Wild animal” means any animal not ordinarily and customarily domesticated, including, but not limited to, skunk, raccoon, opossum, squirrel, or fox.
B. Whenever any reference is made to any portion of this title, such reference applies to all amendments and additions thereto now or hereinafter made. The present tense includes the past and future tenses and the future, the present. Each gender includes the other two genders. The singular number includes the plural and the plural, the singular.
C. Whenever a power is granted to, or a duty is imposed upon the Animal Services Center, the power shall be exercised or the duty shall be performed by the Animal Services Supervisor and/or the Animal Services Officer, or by any person or organization, its officers, agents, and employees, designated by contract or otherwise to enforce this title.

SEC. 7-114. PUBLIC ANIMAL SERVICES CENTER — ESTABLISHING:
A public animal services center is hereby established in the City of Stockton at a place to be designated by the City Manager.

SEC. 7-115. ANIMAL SERVICES SUPERVISOR AND ASSISTANTS — APPOINTMENTS:
There is hereby created the office of the Animal Services Supervisor, who shall be appointed by the City Manager. The City Manager is hereby authorized to employ assistants for the Animal Services Supervisor as the need arises. The Animal Services Supervisor and his/her assistants are hereby authorized and directed to enforce all the provisions of Stockton Municipal Code, Chapter 7, Part V (Health and Sanitation Code). For such purpose, they shall have the powers of peace officers. The compensation of the Animal Services Supervisor and assistants shall be fixed by the City Manager and approved by the City Council.

SEC. 7-115.1. CHIEF OF POLICE TO SUPERVISE ANIMAL SERVICES SUPERVISOR'S WORK:
The Animal Services Supervisor shall report to and be supervised in his work by the Chief of Police.

SEC. 7-115.2. ANIMAL SERVICES SUPERVISOR'S DUTIES IN RE: IMPOUND ANIMALS:
It shall be the duty of the Animal Services Officers to take up and impound, as hereinafter provided, any domestic animal, except cats, or fowl that may be found running at large in or upon any street, alley, or public place within the corporate limits of the City of Stockton or upon the private premises of any person, firm, or corporation other than the person, firm, or corporation owning or having the custody or control of said animal or fowl.

SEC. 7-115.3. POLICE DEPARTMENT TO ACT FOR ANIMAL SERVICES IN EMERGENCIES:
If an emergency should arise during the hours of 5:00 p.m. to 8:00 a.m., the Police Department of the City of Stockton shall, upon call, perform the duties of the Animal Services.

SEC. 7-115.4. INTERFERING WITH EMPLOYEES.
Any person or persons in any manner interfering with any officer of the City in the discharge of the duties prescribed in this title shall be deemed guilty of an infraction or a misdemeanor if so charged by the City Attorney.

SEC. 7-116. DOG OR CAT LICENSE.
Except as herein provided, the owner of each dog and/or cat six (6) months old or older shall obtain a dog/cat license from the city for the privilege of having and keeping such animal in the city. Each dog/cat license issued shall expire on the expiration date of the anti-rabies vaccination and shall be issued upon payment of all required fees and penalties and upon compliance with all conditions required for the issuance of a dog/cat license. Duplicate dog/cat licenses may be issued upon the repayment of a fee. The city shall issue a metal tag plainly inscribed with words “Stockton Animal License” and bearing the license number. The city shall enter in a register kept for that purpose the name and address of the animal owner or person to whom the license is issued, a description of the dog or cat, and the number and date of the license. If the owner or person having custody of the dog or cat presents a certificate from a licensed veterinarian, which shows that the dog or cat has been neutered or spayed, the fee for said license shall be less than the regular fee. If the owner or person having custody presents identification showing that he or she is fifty-five (55) years of age or older, the fee for said license shall be less than the regular fee. In the event the owner or person having custody of the animal fails to renew the license within thirty (30) days of the expiration date, he or she shall pay a penalty fee, which shall be the same for all owners or persons having custody.
A finding or determination made by the City Manager or his or her designee or by a court that a dog is potentially dangerous or vicious as defined in this title shall be included in the dog’s license records. Further, all dogs found to be potentially dangerous or vicious pursuant to this title shall wear at all times a distinctive tag issued by the city. An annual potentially dangerous or vicious dog fee as established by the City Council, in addition to the regular licensing fee, shall be charged the dog’s owner.

SEC. 7-116.1. ANTI-RABIES VACCINATION AND CHIPPING REQUIRED FOR LICENSE.
As a condition for the issuance of a dog or cat license, all applicants for such license shall procure and deliver a certificate issued by a duly-licensed veterinarian, certifying that each dog or cat to be licensed has been administered an anti-rabies vaccination and has had a micro-chip inserted prior to the issuance of said license for the current license period.
Currently, licensed dogs or cats are exempt from the chipping procedure for up to one (1) year or the next licensing period, whichever is first, after the adoption of the ordinance codified in this chapter.

SEC. 7-116.2. KEEPING DOGS OR CATS NOT LICENSED, REGISTERED AND TAGGED.
It is unlawful for any person to have, harbor, or keep, or to cause or permit to be harbored or kept, any dog or cat in the city unless such dog or cat shall be registered and licensed as provided in this title and shall have a collar or leather band attached thereon, on which there shall be a tag inscribed as required by this title; provided, however, that such collar or leather band need not be attached while such animal remains in the dwelling house of the owner or other person having custody thereof, or in an enclosed yard adjacent thereto; or if such animal is a cat, which contains a micro chip identification device.
Every dog or cat, under six (6) months of age shall be confined to the premises of, or kept under physical restraint by, its owner or harborer. Nothing in this title shall be construed to prevent the sale or transportation of a dog under six (6) months of age.

SEC. 7-116.3. DOGS AT LARGE.
Except in the case of a “Seeing Eye dog” actually being used by a blind person, a “signal dog” actually being used by a hearing impaired person, or a “service dog” actually being used by a handicapped person, or a police dog being used by any federal, state, county, city, or city and county law enforcement agency for any law enforcement purpose, it is unlawful for any person owning or having in charge, care, control, or custody of any dog, to cause, allow, or permit such dog, whether licensed or unlicensed, on or upon any public street, alley, or other public place, unless such dog be kept securely confined by a rope, chain, or other leash, securely and continuously held by a competent person, or to permit, whether willfully or through failure to exercise due care or control, any such dogs to commit any nuisance on any property other than the street gutters outside of pedestrian ways or on any improved private property other than that of the owner or persons having charge, care, control, or custody of such dog. For purposes of this Section, any dog confined within a vehicle shall be deemed to be on the enclosed premises of the operator thereof, and any dog securely tied or chained so as to be confined within any unenclosed lot or premises shall be deemed to be on an enclosed lot or premises. It is unlawful for any person owning or having in charge, care, control, or custody any dog to suffer or permit any such dog to trespass on private property. Nothing contained in this section shall prevent a dog from being used without a leash to herd, guard, gather, or otherwise work domestic animals or fowls in or upon a public place or unenclosed lot or premises or from participating at obedience trials or dog shows.

SEC. 7-116.4. ANIMAL AT LARGE.
It is unlawful for any owner of any animal, excluding cats, to allow or permit the same to run at large in the city, or to pasture or herd or stake or tie the same for the purpose of grazing, in any public street, lane, alley, court, or other public place or grounds belonging to, or under the control of, the city, or upon any private property within the city, unless with the consent of the owner or occupant of such property.

SEC. 7-116.5. DOGS EXEMPT FROM LICENSE REQUIREMENTS.
The provisions of this title requiring a dog license shall not apply to any dog owned by or in the charge or care of a non-resident of the city, traveling through the city, or temporarily sojourning therein for a period not exceeding thirty (30) days; nor to any dog brought to the city exclusively for the purpose of entering the same in a dog show or dog exhibition and entered for and kept at any dog show or dog exhibition; nor to any dog owned by a non-resident of the city, when such dog has been regularly licensed in accordance with the laws of the place of residence of such owner and shall have a collar or leather band attached thereon on which there shall be a tag evidencing the existence of an unexpired license for such dog in the place of residence of such owner; nor to dogs less than six (6) months old which are kept confined in or upon the owner’s premises.

SEC. 7-116.6 EXEMPTION FROM PAYMENT OF DOG LICENSE FEES.
The provisions of this title requiring payment of dog license fees shall not apply to a “Seeing Eye dog” actually being used by a blind person, a “signal dog” actually being used by a hearing impaired person, or a “service dog” actually being used by a handicapped person. Said animal shall still be registered with Animal Services.

SEC. 7-117 TRANSFERRING, COUNTERFEITING, AND REMOVING DOG TAGS.
It is unlawful and punishable as a misdemeanor for any person to attach to or keep upon, or to cause or permit to be attached to or kept upon, any dog or cat any tag provided for in Section 7-116 except a tag issued to him or her for such dog or cat under the provisions of this title, or to attach to or keep upon, or to cause or permit to be attached to or kept upon, any dog, or to make or to have in possession any counterfeit or imitation of any tag provided for in said Section 7-116 or to take from any dog or cat any collar or leather band or tag attached thereto, except as provided in Section 7-116.2.

SEC. 7-118 SURRENDERING OF ANIMAL TO ANIMAL SERVICES CENTER – EUTHANASIA OR ADOPTION.
The owner or possessor of any animal may surrender said animal to the Animal Services Center for the purpose of euthanasia or placement for adoption and, upon payment of the current service fee, the Animal Services Center shall accept such animal.

SEC. 7-118.1. SOLD ANIMALS TO BE SPAYED OR NEUTERED.
Each female dog and each female cat sold and/or adopted by the Animal Services Center shall be spayed, and each male dog and each male cat sold by the Animal Services Center shall be neutered within thirty (30) days after said sale or within thirty (30) days after attaining the age of six (6) months, whichever is earlier. The purchaser of such dog or cat shall provide Animal Services with written evidence of compliance herewith from a licensed veterinarian. Failure to so comply shall void said sale and said animal becomes subject to immediate impound and all fees previously paid are deemed forfeited.

SEC. 7-119. EXAMINATION AND ISOLATING OF “SEEING EYE DOGS” “SERVICE DOGS” AND “SIGNAL DOGS” THAT BITE.
Notwithstanding any other provision of this title, a guide dog serving a blind master, “seeing eye dog,” a “signal dog,” serving a hearing impaired person, or a “service dog,” serving a handicapped person shall not be quarantined in the absence of evidence that the dog has been exposed to rabies unless the dog’s master fails to: (A) keep the dog safely confined to the premises of the master; and (B) make the dog available for examination at all reasonable times.

SEC. 7-119.1 EXAMINATION AND ISOLATING OF LAW ENFORCEMENT DOGS THAT BITE.
Notwithstanding any other provision of this title, a dog used by any federal, state, county, city, or city and county law enforcement agency shall not be quarantined after biting any person. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify the local health office if the dog exhibits any abnormal behavior.

SEC. 7-120 LITTER PERMIT REQUIRED.
No person shall cause or allow any female dog or cat owned, harbored, or kept within the jurisdiction of the City of Stockton to breed without first obtaining a “Litter Permit.” A “Litter Permit” is written authorization, issued annually by the Animal Services Supervisor or his or her authorized designee, giving its lawful holder permission to breed a dog or cat. The “Litter Permit” shall be valid for one (1) year from the date of issuance and may be renewed annually prior to the expiration date. Each applicant for a “Litter Permit” shall pay an annual fee as prescribed by the City Council and set forth in the annual fee schedule. Under no circumstances shall a “Litter Permit” be issued to a person who has been convicted of animal cruelty or neglect.
The Animal Services Supervisor shall establish procedures for and administer a “Litter Permit Program” to allow the responsible breeding of unaltered dogs and cats. In addition to the procedures set forth by the Animal Services Supervisor, “Litter Permit” holders shall be subject to the following terms and conditions:
1. Any “Litter Permit” holder who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the “Litter Permit” number in any such advertisement. Further, the “Litter Permit” holder must provide the permit number to any person who purchases, adopts, or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document.
2. “Litter Permits” will not be issued for animals under twelve (12) months of age or over seven (7) years of age.
3. Any person or commercial establishments selling locally bred dogs or cats (with the exception of government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code section 10400 and the Non-profit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at section 5110) shall prominently display the “Litter Permit” number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the Animal Services Supervisor or his/her designee; commercial establishments selling dogs and cats which were not bred within the City of Stockton shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the Animal Services Supervisor.
4. Any “Litter Permit” holder selling or otherwise transferring a dog or cat, whether for compensation or otherwise, shall maintain records for a period of three (3) years containing the name, address, and telephone number of the animal’s new owner on a form approved by the Animal Services Supervisor.
5. Any “Litter Permit” holder or commercial establishment, which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner written information regarding the license and permit requirements of the City of Stockton applicable to such animal; and any “Litter Permit” holder shall have his/her litter-puppy(ies)/kitten(s) micro chipped or have some other form of identification acceptable to the Animal Services Supervisor and shall register the puppy(ies)/kitten(s) with the City of Stockton.
6. No person shall give away any dog or cat as an inducement to enter a place of business or to enter into a business arrangement or as inducement to enter any contest, lottery, drawing, game, or competition.
7. Any owner of an unaltered dog or cat that meets all of the following criteria for each unaltered dog or cat shall be exempt from “Litter Permit provisions and annually pay a reduced unaltered license fee upon a showing to the Animal Services Supervisor or his/her designee that the owner meets the following criteria:
a. Registers and participates the pet in two American Kennel Club, United Kennel Club, International Cat Association, or the Cat Fanciers Association sanctioned events per year or each dog or cat has achieved a title and provides written documentation of the above to the County/City Animal Services; and
b. Be a member of a breed club or organization where the pet is used for showing, training, agility trials, or tracking tests and provides written documentation to the County/City animal services of such membership and participation.

SEC. 7-120.1 LITTER PERMIT – PENALTIES:
Any dog or cat owner found by the Animal Services Supervisor to be in violation of the “Litter Permit” provisions of this section may correct the violations by obtaining the necessary permit(s), no later than thirty days from the date when the owner was first notified of the violation. Should the owner fail to correct the violations in the manner described above, the Animal Services shall impose a $250 fine for the first occurrence, $500 for the second occurrence and a misdemeanor charge for each subsequent occurrence on the pet owner. Notice of this penalty shall not be waived upon the transfer or abandonment of the dog or cat by the non-compliant owner. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.
If the penalty above is not paid and the owner does not spay or neuter his/her dog(s) or cat(s), or obtain the litter permit(s) within fifteen (15) days from the date when the Animal Services first notified the owner of the imposition of a penalty, the continuing violation of the “Litter Permit” requirement of this section becomes an additional infraction and may be prosecuted as such.
Any litter permit may be revoked and the animal required to be spayed or neutered if the Animal Services Supervisor or his or her designee has reasonable cause to believe any of the following to be true:
a. The permittee has violated any City Municipal Codes relating to the keeping, care or use of any animal;
b. The permittee is in violation of any State health or safety law or regulation regarding animal care or control;
c. The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this code;
d. The permittee refused to allow inspection, upon forty-eight hours written notice, of any animal covered by the permit or premises on which the animal is kept; or
e. The permittee has transferred, sold, adopted or otherwise disposed of the animal for which the permit was originally issued.
If, after inspection, the Animal Services Supervisor or his/her designee concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by certified mail to the address of the litter permittee. Said notice shall specify the grounds of revocation of the litter permit.
The litter permittee may appeal the decision of the Animal Services Supervisor or his/her designee by submitting a Request for an Administrative Hearing Form and paying the appeal fee within ten (10) days of the certified mailing date of the notice. The procedures for the administrative hearing are set forth in Division 7 of Part VII of Chapter 1 of the Stockton Municipal Code.

SEC. 7-121. RABIES EPIDEMIC.
Notwithstanding the provisions of Section 7-116.6 herein, whenever in the judgment of the City Council of the City, upon the recommendation of the San Joaquin County Health Officer and the City Manager of said city, shall determine and declare that any disease epidemic exists within the city by reason of rabies, or for any other disease or cause, or reason, and that it is necessary to protect and preserve the public health and safety, the Council of the city shall by resolution declare and determine the existence of an epidemic of such disease, and thereupon it shall be the duty of the Chief of Police of the city when so directed by the City Manager, and until such time as it may be determined by said Council that such disease epidemic no longer exists, to immediately destroy or cause to be destroyed, in the event such epidemic is one of rabies, any dog or dogs which may have bitten any person or persons, dog or dogs, or other animal or animals, or which in the judgment of the Health Officer is suffering from the disease of rabies, and to immediately destroy, or cause to be immediately destroyed, the dog or dogs, and such other animal or animals, during the existence of such epidemic, which are declared to be an imminent menace to the public health and safety. During the continuance of such epidemic any person or persons owning any dog or dogs within the city shall keep such dog muzzled at all times while it is at large, and any dog or dogs un-muzzled and running at large upon any of the public streets, lane, alleys, or other public place of the city during the epidemic shall be impounded and destroyed whether or not such dog or dogs be suffering from rabies. Any member of the Police Department is authorized to enforce the provisions thereof.

SEC. 7-122. DOG KENNELS AND CATTERIES RESTRICTED.
It is unlawful for any persons to establish or maintain any institution or place where more than three (3) dogs/cats are kept for sale, raising, harboring or boarding within the City limits without first obtaining a “Permit to Conduct a Dog Kennel” or a “Permit to Conduct a Cattery.” Such permit shall be issued only where permitted in a particular district as provided in the Zoning Code of the City of Stockton, as set forth in Chapter 16 hereof, and on approval of the Health Officer of the San Joaquin Local Health District. Such permit shall not be issued until a notice has been posted by said Health Officer, in a conspicuous place on the premises for ten (10) days, during which time any person owning or living on property within two hundred (200) feet of the property on which said kennel/cattery is proposed to be constructed or located, may file a protest with the Health Officer and upon receipt of such protest, the Health Officer shall refuse to approve the application. The Health Officer may prescribe which of the aforesaid activities mentioned may be allowed for which the "Permit to Conduct a Dog Kennel/Cattery" is granted.

SEC. 7-123. IMPOUNDING ANIMALS.
A. Owner Unknown. Any animal whose owner is unknown that is found at large or otherwise contrary to the provisions of Section 7-115.4 shall be taken into the custody of the Animal Services Center of the city. An animal taken into custody pursuant to this provision shall be held for a minimum of six business days, not including the day of impoundment; unless, the animal has been made available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. During this holding period an animal may be redeemed by the owner or possessor thereof on the payment to the City of such sum or amount as may be the current redemption fee.
B. Owner Known. Any animal whose owner is known that is found running at large or otherwise contrary to the provisions of Section 7-115.4 shall be taken into the custody of Animal Services of the city, and Animal Services shall notify the owner or possessor thereof. An animal taken into custody pursuant to this provision shall be held for a minimum of seven days to include one full Saturday. During this period an animal may be redeemed by the owner or possessor thereof on the payment to the City of such sum or amount as may be the current redemption fee.
C. Minimum Holding Period. The holding periods provided for herein shall be considered minimum holding periods. To permit the public as much time as possible to retrieve or adopt animals taken into custody, the center shall extend the holding periods for individual animals to the extent that kennel space is available and the overall health and safety of impounded animals is not affected.

SEC. 7-123.1. RECLAIMING IMPOUNDED ANIMALS.
The owner of any animal impounded under this title shall have the right to reclaim the same at any time prior to its sale or destruction, upon payment of the redemption fee and payment of the costs and charges of the city for impounding and keeping such animal, or, if such impounded animal has been sold, the owner shall have the right to payment of the proceeds of such sale less the fee, costs and charges as aforesaid, provided claim therefore is made and proof of ownership established within thirty (30) days after such sale.

SEC. 7-123.2. ADOPTION OF IMPOUNDED ANIMALS.
Any animal described in Section 7-123 A and B, which is not redeemed by the owner or possessor thereof within the time provided, and any animal which has been surrendered to Animal Services pursuant to Section 7-123, shall be placed for adoption for the sum or amount as may be the current purchase fee, unless such animal is dangerous or unfit by reason of age, disease or other infirmity, in which case it may be destroyed, and if so, shall be destroyed in a humane manner.

SEC. 7-123.3. IMPOUNDMENT PERIOD--DETERMINATION OF TIME.
The holding periods provided for under this title are to be computed by excluding the intake day and any day upon which the center is closed. No animal shall be euthanized, unless such animal is dangerous, or unfit by reason of age, disease or other infirmity, until the day following the expiration of the holding period. No animal shall be adopted out until the day following the expiration of the holding period.

SEC. 7-123.4. SPAYING/NEUTERING IMPOUNDED ANIMALS PRIOR TO RELEASE.
A. Unlicensed Animal. Any dog or cat taken into custody by the Animal Services Center that is not licensed pursuant to Section 7-116.6 must be vaccinated and licensed prior to release from the Animal Services Center unless such dog is exempt from the license requirements pursuant to Section 7-116.5. The animal owner shall be responsible for payment of said services.
B. Repeat Offenders. After the first violation of any provision of Chapter 7, Part V, Division 1 or Division 2, pending an appropriate administrative appeals process, animals taken into custody by the Animal Services Center will be subject to a mandatory spay/neuter prior to release from the Animal Services Center. The animal owner shall be responsible for payment of said services.

SEC. 7-123.5. CARE OF ANIMALS BY THE ANIMAL SERVICES CENTER.
All impounded animals are to be provided with sufficient food and water suitable for such animals.

SEC. 7-124. BURYING OF DEAD ANIMALS.
It shall be the duty of all persons having dead animals upon premises, or who shall be the owners or possessors of any dead animal which died within the city, to bury the same under at least four feet packed earth cover, except cats, dogs, or fowl and birds, which shall be buried under at least three feet of packed earth cover, either upon the premises of the owner or upon the premises where such animal is found, or in other approved burial places for dead animals, or to have such dead animal cremated within forty-eight (48) hours after the death of said animal. If any person fails or neglects to bury any dead animal as provided for in this section, then in such case it will be the duty of the Animal Services Center to proceed forthwith to bury or cremate same, and any such person so refusing or neglecting to bury or cause to be buried any such dead animal as herein provided shall be deemed guilty of an infraction. The owner or possessor of any dead animal may submit said dead animal to the Animal Services Center for disposal, and the Animal Services Center shall destroy such animal. No person having a dead animal shall bury said animal without the permission of the landowner.

SEC. 7-125. TAKING UP STRAY ANIMALS.
Every person taking up any animal liable to be impounded under the provisions of this title shall within twelve (12) hours after taking up such animal, or, if the same be attached to a vehicle, within four hours, give notice thereof to the city, Animal Services Center shall thereupon take such animal into custody, and every person to whom such animal may be delivered, or who shall receive the same, shall forthwith, upon demand, deliver such animal to the Animal Services Center. Every person taking up such animal and failing or neglecting to give such notice, or refusing or neglecting to deliver such animal to the Animal Services Center upon demand, shall be deemed guilty of an infraction.

SEC. 7-126. SANITARY AND HUMANE KEEPING OF ANIMALS.
No person shall establish or operate a pet shop, kennel, or animal hospital without first obtaining a permit thereof from the City Manager authorizing him or her to do so. It is unlawful for any person in the city to keep any animal in any animal quarters, kennel, animal hospital, or yard which is not at all times kept reasonably clean and sanitary to the satisfaction of the County Health Officer and/or Animal Services Officer. No person shall maintain any such lot or other premises, or portion thereof upon which any animal is kept, in such condition as to cause the same to be infested with flies or insects or to create any noxious or offensive odors. All animals are to be provided food, water, and shelter from the sun and rain at all times.

SEC. 7-126.1. SANITARY DISPOSAL OF DOG FECES.
A. It shall be unlawful in the City of Stockton for the owner or person having charge or control of any dog to permit such dog to defecate and to allow the feces to remain upon any public street, sidewalk, pathway, park, pedestrian way, or any public facility; on any school grounds; or on any private property not owned or possessed by the owner or person having the charge or control of such dog unless the person shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container and dispose of it in a sanitary manner. A person will be considered to have disposed of feces in a sanitary manner if such person places such material in a bag or wrapper made of paper, plastic or some similar material and places it in a refuse container which is regularly emptied by a refuse collector, or otherwise disposes of such material on their own property.
B. Any person who has the charge and control of a dog on any public street, sidewalk, pathway, park, pedestrian way, or any public facility; on any school ground, or on any private property owned or possessed by the owner or person having the charge or control of such dog shall at all times maintain in his possession sufficient suitable wrappers, bags, or container for the purpose of complying with the requirements of this Section. The failure of such person to carry such wrappers, bags, or containers when in charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way, or any public facility; on any school grounds; or on any private property not owned or possessed by the owner or person having the charge or control of such dog shall constitute a violation of this section.
C. A sightless person who has the charge or control of a guide dog (or a Police Dog in the performance of law enforcement duties) shall be exempt from the provisions of the Section.

SEC. 7-127. KEEPING OF ANIMALS AS CONSTITUTING PUBLIC NUISANCE.
A. It is unlawful and shall constitute a public nuisance for any person to keep within the limits of the city any animal which unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal is kept, or interferes with any person in the reasonable and comfortable enjoyment of life or property, or creates a significant risk of injury to life or property.
B. Every person who maintains, permits or allows an animal nuisance to exist upon his/her property or premises, and every person legally occupying the property or premises of another who maintains, permits or allows an animal nuisance to exist thereon, after reasonable notice in writing from the Animal Services Supervisor or his/her designee to remove, discontinue or abate the animal nuisance shall be in violation of this section. In addition to any other remedies available under the Stockton Municipal Code a violation of this section will result in the issuance of an administrative citation, fines, penalties, and/or an administrative injunction order to abate the nuisance.

SEC . 7-127.1. FERAL /PORCH CATS – PUBLIC NUISANCE – SPAYING/NEUTERING REQUIRED.
A. Feral and/or Porch cats are hereby declared to be a public nuisance. Feeding of Feral/Porch cats is a violation of this section, unless the person doing so establishes to the City that he or she (a) is working with the Animal Services Center, and a licensed veterinarian, to spay or neuter and ear notch the cats in the colony, (b) is making available to the Animal Services staff the documentation of sterilization and ear notching procedures monthly, commencing with the date feeding began, and (c) after six (6) months has completed the sterilization and ear notching of 100% of the cats.
B. The City may abate a public nuisance created by feral/porch cats by seizing the cats on public property or, if on private property, by any means of abatement provided for in Stockton Municipal Code sections 1-060 through 1-066 or other law, including seizure.
C. This section is not intended to prevent a private party from asserting any legal rights he or she may have to enjoin or seek damages against a person feeding feral/porch cats which affect that private party.

SEC. 7-128. RULES AND REGULATIONS.
The Chief of Police shall have the power to adopt rules and regulations for the purpose of implementing and enforcing the provisions of this title.

SEC. 7-128.1. ENFORCEMENT BY CITATION METHOD.
A. In addition to any other enforcement provided in the Stockton Municipal Code, pursuant to California Penal Code section 836.5, members of the Stockton Police Department, the Animal Services Supervisor and the Animal Services Officers and any San Joaquin County Health Officer of the County of San Joaquin are authorized to enforce this title and arrest violators thereof.
B. In addition to any other remedy provided under the Stockton Municipal Code any person violating any provisions of this division or applicable state codes may be issued an administrative citation to the responsible person in the manner prescribed herein and in accordance with Stockton Municipal Code section 1-057. The administrative citation shall be issued on a form approved by the Chief of Police or his/her designee. If the responsible person is unknown, said responsible person shall be presumed to be the legal owner and/or resident of the property or premises.
C. Method of Service.
1. Signature. Once the responsible person is located, the citing officer shall attempt to obtain the signature of that person on the administrative citation. However, if the responsible person refuses or fails to sign the administrative citation, it shall not affect the validity of the citation and subsequent proceedings.
2. If the citing officer is unable to locate the responsible person, then the administrative citation shall be mailed to the responsible person in the manner prescribed in Stockton Municipal Code section 1 018.
3. Posting. If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person in the manner prescribed by Stockton Municipal Code section 1-018.
4. A copy of the administrative citation shall thereafter be mailed to the responsible person and to the owner of the property, if different from the responsible person, in the manner prescribed by Stockton Municipal Code section 1 018. The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Division.
D. Contents of Administrative Citation
Any administrative citation that is issued shall contain all of the following information:
1. The date and location of the violation(s) and the approximate time the violations were observed;
2. The Code section(s) violated and a brief description of how the section(s) were/are violated;
3. Where appropriate, the action required to correct the violations;
4. Set forth a deadline by which the violations must be corrected and the consequences of failing to comply;
5. The amount of fine imposed for the violations, if any;
6. An explanation as to how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine; and
7. Identify all rights and procedures of appeal.
8. Signature of the citing officer and the officer’s employment number where applicable.
E. Appeal of Administrative Citation.
An appeal from the issuance of an administrative citation shall follow the procedures set forth in Stockton Municipal Code, Chapter 1, Division 7.

SEC. 7-129. NUMBER OF DOGS.
It is unlawful for any person to keep on any one premises more than three (3) dogs if said dogs are more than six (6) months old.

SEC. 7-129.1. NUMBER OF CATS.
It is unlawful for any person to keep on any one premises more than three cats if said cats are more than six (6) months old.

SEC. 7-130. EXEMPTIONS.
Licensed dog kennels, boarding facilities, pet shops, or breeders; veterinary hospitals; the Stockton Animal Services Center; and Fosters, whose applications have been approved by Stockton Animal Services, are exempt from the provisions of this section.
The restrictions set forth herein shall not apply to any property where such activity is permitted by any other provision of the Stockton Municipal Code or Stockton Planning Code and for which all necessary land use permits have been issued or where no use permits are required because the activity qualifies as a legal non-conforming use, as defined in the Stockton Municipal Code.

SEC. 7-131. KEEPING AND MAINTAINING ANIMALS OR DOMESTIC FOWL:
It shall be unlawful for any person, firm, or corporation to keep any domestic or wild animal (excluding dogs, cats and other household pets), reptile, apiary, or fowl, within the City of Stockton except where permitted within a particular zone or district as provided in the Planning and Zoning Code of the City of Stockton.

SEC. 7-131.1. DOMESTIC ANIMAL, FOWL, ETC., AT LARGE PROHIBITED:
It shall be unlawful for any person, firm, or corporation owning or having possession of any domestic or wild animal (excluding dogs and cats), reptile, cattle, horse, mule, goat, sheep, swine, or any fowl to permit the same to run or go upon the public or private premises of any other person, firm, or corporation; or upon any park or public street or highway within the City of Stockton.

SEC. 7-131.2. KEEPING OR MAINTAINING HOGS, SHOATS, PIGS, OR ROOSTERS OR COCKERELS PROHIBITED:
It shall be unlawful for any person, firm or corporation to keep in any sty, pen, or other enclosure or to have in his, their, or its possession within the corporate limits of the City of Stockton any live hog or hogs, shoat or shoats, pig or pigs, or any rooster or roosters, or cockerel or cockerels.

SEC. 7-131.3. EXCEPTION:
It shall not be unlawful under the provisions hereof to transport or carry through the City of Stockton any domestic or wild animal, reptile, bees, or fowl.

 

SEC. 7-131.4. TIME PERMITTED WITHIN THE CITY LIMITS:
Any domestic or wild animal, reptile, bees or fowl being transported or carried through the City of Stockton shall not remain within the limits of the City of Stockton for a longer period of time than twenty-four (24) hours from the time of entry thereof into the City.

SEC. 7-131.5. KEEPING WILD ANIMALS UNLAWFUL:
It shall be unlawful for any person to keep or maintain or cause to be kept or maintained within the City of Stockton a wild animal, as defined in Stockton Municipal Code section 7-113.17, except as provided in Stockton Municipal Code section 7-131.7.

SEC. 7-131.6. EXCEPTIONS:
The provisions of this Division shall not prohibit the keeping or maintaining of the following wild animals within the City of Stockton:
a. Wild animals in licensed zoos, local/state licensed educational facility, and museums - any wild animals which are kept confined in a zoo, museum or other place where they are kept as live specimens for the public view.
b. Wild animals in circuses, carnivals, exhibitions, and shows - any wild animals which are kept confined and placed on exhibit as part of a permitted circus, carnival, or other type of public exhibition or show.

SEC. 7-132 ENFORCEMENT – PENALTY.
In addition to any other penalties authorized by law, violations of this chapter may be charged as either an infraction or a misdemeanor.