Capitola Municipal Code
Title 6 - Animals
Chapter 6.14 DOGS AND OTHER DOMESTICATED ANIMALS
6.14.200 Dogs in public places – Permitted and prohibited locations.
A. Except as provided in Section 6.14.210, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be in any of the following locations, whether with or without a leash:
1. On any public beach within the city of Capitola;
2. Capitola Wharf;
3. Any other public location in the city that is posted with signage prohibiting dogs.
B. Dogs shall be permitted on leash in the following parks unless the city council, by resolution, declares the prohibitions of subsection A of this section applicable to such areas: Monterey Avenue Park, Noble Gulch Park, Perry Park, Soquel Creek Park, Jade Street Park (except for lawn and tennis court areas), and Esplanade Park (except for lawn areas). (Ord. 912 § 2, 2006)
6.14.210 Exemptions to prohibition.
A. Section 6.14.200(A) shall not apply to any recognized guide, signal or service dog, when such dog is accompanying a totally or partially blind person, a totally or partially deaf person, a person otherwise handicapped so as to require the assistance of such dog for the purpose of guiding such person, or any other person who is legally authorized to employ a service dog; or when such dog is accompanying a person licensed to train such dogs for the purpose of receiving training as a guide, signal or service dog.
B. Section 6.14.200(A) shall not apply to dogs used by or under the authority of authorized police or law enforcement agencies for law enforcement purposes. (Ord. 912 § 2, 2006)
6.14.215 Removal of dog droppings required.
Any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog that defecates upon public property (including, but not limited to, streets, walkways and parks) in the city of Capitola must immediately remove and properly dispose of the feces. Failure to so remove and dispose of the feces shall constitute an infraction. Nothing herein shall be deemed to authorize any person to enter upon the private property of another without permission. (Ord. 912 § 2, 2006)
6.14.310 Prohibition against permitting dogs at large.
It is unlawful for the guardian of any dog, whether licensed or unlicensed, to permit or allow such dog to be at large anywhere in the city. The provisions of this section shall not apply to a dog entered in a dog show or field trial and which is under reasonable control of its guardian. (Ord. 912 § 2, 2006)
6.14.320 Leashing required.
Unless a dog is under restraint by leash or chain no longer than six feet in length or confined within an automobile, no person owning, having an interest in, harboring, or having charge, care, control, custody or possession of that dog shall cause or permit such dog to be in or upon: any public street, alley or other public place; in or upon any unenclosed lot or premises; or in or upon any other private property posted with signs prohibiting off-leash dogs. (Ord. 915 § 1, 2007; Ord. 912 § 2, 2006)
6.14.380 Animals defecating on public or private property.
It is unlawful for the guardian of any animal to allow or permit such animal to defecate on any public property or improved private property other than that of the guardian. (Ord. 912 § 2, 2006)
6.14.390 Animal noises.
It is unlawful for any person to keep or harbor any dog, cat or other animal, whether licensed or not, which by howling, yelping, barking or other noise disturbs any person. (Ord. 912 § 2, 2006)
6.14.400 Prohibition against dogs harassing, threatening or injuring persons.
It is unlawful for the guardian of any dog to suffer or permit the same to annoy and harass, chase, threaten to inflict or inflict injury of any kind on any person. (Ord. 912 § 2, 2006)
6.14.410 Prohibition against dogs or other domesticated animals killing or injuring other dogs or other domesticated animals.
It is unlawful for the guardian of any dog or other domesticated animal to suffer or permit the same to cause the death or injury of another dog or other domesticated animal, except where the offending animal is acting in self-defense or where the incident occurs on the property of the guardian of the offending animal. The poundmaster may impound any dog or domesticated animal found in violation of this section and the poundmaster may declare the dog or domesticated animal to be a vicious animal and act according to the procedure set forth in Sections 6.08.130 and 6.08.140 of this title. (Ord. 912 § 2, 2006)
6.14.430 Prohibition against dogs threatening or injuring wild game or livestock.
It is unlawful for the guardian of any dog to suffer or permit, under any circumstances, that dog to chase, threaten to inflict or inflict injury of any kind on any wild game as defined in Fish and Game Code Section 3950 or on any kind of any domestic livestock, including cows, sheep, horses and chickens. (Ord. 912 § 2, 2006)
Chapter 6.14 DOGS AND OTHER DOMESTICATED ANIMALS
6.14.200 Dogs in public places – Permitted and prohibited locations.
A. Except as provided in Section 6.14.210, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be in any of the following locations, whether with or without a leash:
1. On any public beach within the city of Capitola;
2. Capitola Wharf;
3. Any other public location in the city that is posted with signage prohibiting dogs.
B. Dogs shall be permitted on leash in the following parks unless the city council, by resolution, declares the prohibitions of subsection A of this section applicable to such areas: Monterey Avenue Park, Noble Gulch Park, Perry Park, Soquel Creek Park, Jade Street Park (except for lawn and tennis court areas), and Esplanade Park (except for lawn areas). (Ord. 912 § 2, 2006)
6.14.210 Exemptions to prohibition.
A. Section 6.14.200(A) shall not apply to any recognized guide, signal or service dog, when such dog is accompanying a totally or partially blind person, a totally or partially deaf person, a person otherwise handicapped so as to require the assistance of such dog for the purpose of guiding such person, or any other person who is legally authorized to employ a service dog; or when such dog is accompanying a person licensed to train such dogs for the purpose of receiving training as a guide, signal or service dog.
B. Section 6.14.200(A) shall not apply to dogs used by or under the authority of authorized police or law enforcement agencies for law enforcement purposes. (Ord. 912 § 2, 2006)
6.14.215 Removal of dog droppings required.
Any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog that defecates upon public property (including, but not limited to, streets, walkways and parks) in the city of Capitola must immediately remove and properly dispose of the feces. Failure to so remove and dispose of the feces shall constitute an infraction. Nothing herein shall be deemed to authorize any person to enter upon the private property of another without permission. (Ord. 912 § 2, 2006)
6.14.310 Prohibition against permitting dogs at large.
It is unlawful for the guardian of any dog, whether licensed or unlicensed, to permit or allow such dog to be at large anywhere in the city. The provisions of this section shall not apply to a dog entered in a dog show or field trial and which is under reasonable control of its guardian. (Ord. 912 § 2, 2006)
6.14.320 Leashing required.
Unless a dog is under restraint by leash or chain no longer than six feet in length or confined within an automobile, no person owning, having an interest in, harboring, or having charge, care, control, custody or possession of that dog shall cause or permit such dog to be in or upon: any public street, alley or other public place; in or upon any unenclosed lot or premises; or in or upon any other private property posted with signs prohibiting off-leash dogs. (Ord. 915 § 1, 2007; Ord. 912 § 2, 2006)
6.14.380 Animals defecating on public or private property.
It is unlawful for the guardian of any animal to allow or permit such animal to defecate on any public property or improved private property other than that of the guardian. (Ord. 912 § 2, 2006)
6.14.390 Animal noises.
It is unlawful for any person to keep or harbor any dog, cat or other animal, whether licensed or not, which by howling, yelping, barking or other noise disturbs any person. (Ord. 912 § 2, 2006)
6.14.400 Prohibition against dogs harassing, threatening or injuring persons.
It is unlawful for the guardian of any dog to suffer or permit the same to annoy and harass, chase, threaten to inflict or inflict injury of any kind on any person. (Ord. 912 § 2, 2006)
6.14.410 Prohibition against dogs or other domesticated animals killing or injuring other dogs or other domesticated animals.
It is unlawful for the guardian of any dog or other domesticated animal to suffer or permit the same to cause the death or injury of another dog or other domesticated animal, except where the offending animal is acting in self-defense or where the incident occurs on the property of the guardian of the offending animal. The poundmaster may impound any dog or domesticated animal found in violation of this section and the poundmaster may declare the dog or domesticated animal to be a vicious animal and act according to the procedure set forth in Sections 6.08.130 and 6.08.140 of this title. (Ord. 912 § 2, 2006)
6.14.430 Prohibition against dogs threatening or injuring wild game or livestock.
It is unlawful for the guardian of any dog to suffer or permit, under any circumstances, that dog to chase, threaten to inflict or inflict injury of any kind on any wild game as defined in Fish and Game Code Section 3950 or on any kind of any domestic livestock, including cows, sheep, horses and chickens. (Ord. 912 § 2, 2006)