§ 416-4.402. Animals at large.

(a)

No person owning, possessing, harboring, or controlling any animal shall allow such animal to be at large.

(b)

As used in this section, "at large" means an animal which either:

(1)

In the case of dogs, is not under effective restraint by a leash; or

(2)

In the case of animals other than dogs or cats, is not in the immediate presence and under the effective control of such person; or

(3)

Is tethered or leashed on any street, or other public place, not set aside for such tethering or leashing for a period of longer than fifteen minutes, or in such a way as to block a public walkway or thoroughfare; or

(4)

Is pastured, tethered, tied, or otherwise present on private property or in any public building without the consent of the owner or occupant; or

(5)

Is in any place or position with the capacity to injure persons or property; or

(6)

Fights, bites, or causes harm to any other animal or person unless such animal or person has entered the private property owned by, or in the possession of the person owning or controlling the offending animal without permission when such property is properly fenced and posted as to the presence of the offending animal; or

(7)

Is not on the private property owned by, or in the possession of, the person owning or controlling the animal and is not wearing a required license tag; or

(8)

Is left at any place without provision for its care.

Provided, nevertheless, that a dog is not required to be under restraint by a leash when the dog has not strayed from and is upon private property owned by, or in the possession of, the person owning or controlling the dog.

(c)

Exemptions. A working dog, performing acts such as herding under the control and supervision of owner/handler shall not be considered at large while performing his duties. A hunting, obedience, tracking or show dog shall not be considered at large while performing in the above capacities. Dogs being exercised under the control of their owners in public areas designated for animal exercise shall not be considered at large.

(d)

Females in Heat. In the case of female dogs or cats in heat and for the purposes of Food and Agricultural Code Section 30954, "at large" means outside a house, vehicle, or other secure enclosure adequate to prevent unplanned male access.

(e)

Animals in Vehicles.

(1)

A dog or any other animal in or upon a vehicle is deemed to be upon the property of the operator of such vehicle. No dog or any other animal shall be transported on any public thoroughfare in any vehicle unless such dog or animal is totally enclosed within such vehicle, within a secured container carried upon such vehicle, or securely cross-tethered to such vehicle in such a way as to prevent a falling out of or off such vehicle, and to prevent injury to the animal.

(2)

No dog or any other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to temperatures sufficiently above ambient to affect the animal's health and welfare.

(Ord. 80-97 § 2).