10.04.020 RUNNING AT LARGE
(a)Except
in those areas designated in Section 14.08.030 of this code where dogs may run
at large at times listed in that section, it is unlawful for any person owning
or having charge, care or control of any dog, whether licensed and vaccinated or
not, to suffer or permit any such dog to run at large on any public street,
road, alley, park, square or place, or on any vacant or unenclosed lot or land
within the city. A dog shall be deemed running at large unless led or restrained
by a leash not exceeding six feet in length attached to the dog's collar or
harness and actually held by a person or made fast to a stationary object.
(b)Except
as provided in subsection (c), immediately below, a violation of this section
shall be an infraction.
(c)Second
and subsequent violations of this section within a one-year period shall be
misdemeanors.
10.04.030 LICENSE - FEE -
Date
(a)Every
person owning or having charge, care or control over any dog of the age of four
months or over shall pay a license fee as set by resolution of the council, to
be paid within thirty days after the owner and the dog establish residence in
the city, or within thirty days after the owner acquires ownership of a dog over
four months old, or within thirty days after the dog reaches the age of four
months.
10.04.130 LEAVING TIED DOG
UNATTENDED
It
is unlawful to attach, tie, or chain a dog to any real property or improvement
to real property or to any object whereby the dog is restrained, on or in any
street, sidewalk, alley, mall, way, park, automobile parking area, or building
entrance area, which is in public use or ownership or serves a business
establishment which is open to and provides the public with goods or services,
or which is on or in any area of a building used by or open to the public.
Any
dog attached, tied or chained in violation of this section for which there is no
apparent responsible person on the scene to be cited hereunder shall be deemed
to be running at large for the purposes of Section
10.04.020 and shall be subject to seizure and
impounding thereunder.
(Ord.
1515 N.S. p. 2 (part), 1986).
10.04.140 DOG EXCREMENT
(a)It
is unlawful for any person having ownership, custody or control of a dog to
suffer or permit the dog to deposit excrement on public property or the property
of any other person.
(b)It
is unlawful for any person having ownership, custody or control of a dog to fail
promptly to remove and clean up excrement deposited by the dog on public
property or the property of any other person.
(c)It
is unlawful for any person having ownership, custody or control of a dog which
has deposited excrement on public property or the property of any other person,
to not have in his or her possession material and a container with which to
clean up promptly and remove such excrement.
(d)A
violation of this section shall constitute an infraction.
10.04.150 DOGS CREATING
NOISE OR UNSANITARY CONDITIONS
(a)It
is unlawful to habitually disturb the peace of any person by allowing unsanitary
conditions in connection with the keeping, possessing or owning of a dog or
dogs.
(b)It
is unlawful to own, control, possess, harbor or keep any dog which by reason of
its barking, yelping or other noise created by it habitually disturbs the peace
and quiet of a neighborhood. At a minimum, such habitual disturbance shall be
established by evidence provided either by two residents of the affected
neighborhood, such residents occupying separate dwelling units, or by one
resident of the affected neighborhood and a city enforcement person.
(c)Except
as provided in subsection (d), immediately below, a violation of this section
shall be an infraction.
(d)Second
and subsequent violations of either subsection (a) or subsection (b), above,
within a one-year period shall be misdemeanors.
10.04.170 VICIOUS DOGS -
DEFINED
Any
dog, except one assisting a peace officer engaged in law enforcement duties,
which demonstrates any of the following behavior or propensities, is presumed
vicious:
(a)An
attack which requires a defensive action by any person to prevent bodily injury
or property damage when such person is conducting himself or herself peacefully
and lawfully;
(b)An
attack which results in property damage or in an injury to a person when such a
person is conducting himself or herself peacefully and lawfully;
(c)An
attack on another animal which occurs on property other than that of the owner
of the attacking dog;
(d)Any
behavior which constitutes a threat of bodily harm to a person when such person
is conducting himself or herself peacefully and lawfully;
(e)A
known propensity, because of temperament, conditioning or training, to attack,
bite or injure human beings or domesticated animals.
For
the purposes of this section, a person is "conducting himself or herself
peacefully and lawfully" upon the private property of an owner or possessor of
the dog when he or she is on such property in the performance of any duty
imposed on such person by state or local law or by the laws of postal
regulations of the United States, or when he or she is on such property upon
invitation, either expressed or implied.
(Ord.
1612 N.S. p. 5, 1987: Ord.
1515 N.S. p. 2 (part), 1986).
10.04.180 VICIOUS DOGS -
CONFINEMENT - SECURITY
A
person owning or having charge of a vicious dog shall confine it within a
building or secure enclosure except that it may be permitted off the premises
only when securely muzzled, leashed, and under the control of a person and who
is physically capable of restraining said animal.
10.08.020 ANIMALS ALLOWED
WITHOUT PERMIT
The
following animals may be maintained without a permit:
(a)Three
cats or dogs or a combination thereof on a parcel of land improved with a
dwelling designed for a single family;
(b)Two
cats or dogs or one of each in a duplex unit, apartment or a unit of a multiple
dwelling development; or
(c)Three
cats or dogs or a combination thereof on any other parcel of land under a single
ownership;
(d)Animals
normally maintained as pets by children, other than cats and dogs, such as
guinea pigs, hamsters, lizards, frogs, tadpoles, aquarium-kept fish,
cage-maintained birds, provided any such animal is not vicious or dangerous to
human safety. The city council shall determine any controversy respecting the
nature of any animal or species of animals permitted under this subsection.
20.04.020Exempt
signs - No permit required
(h)Any
number of nonilluminated political signs limited to a combined sign area not
exceeding sixteen square feet in residential zones and twenty square feet in
other zones; provided, (1) there is no limit to the number or area of political
window signs, and (2) political signs shall be placed, posted or erected no
earlier than six weeks before the election to which they pertain, and shall be
removed within seven days following such election;
20.04.030Prohibited
signs
In
addition to any sign not specifically in accordance with this chapter, the
following signs are prohibited:
(a)Abandoned
signs, including all structural, support, and other componential elements;
(b)Flashing
or blinking signs, except signal lights and other public safety signs maintained
by government authority;
(c)Billboards;
(d)Advertising
devices which move in the wind (for example, stringers, pennants, pinwheels,
balloons, etc.) when displayed for more than seven consecutive days or for more
than fourteen days in a twelve-month period;
(e)Flags,
except the flag of any governmental entity;
(f)Signs
that rotate or move in any fashion, except barber poles;
(g)Any
sign which simulates or imitates any traffic sign or signal or which makes use
of words, symbols or characters in such manner to interfere with, mislead or
confuse pedestrian or vehicular traffic;
(h)Any
sign, including a political sign, attached, maintained, painted, printed or
otherwise affixed to a curbstone, lamppost, hydrant, tree, shrub, tree stake or
guard, utility pole, wire, bench, sidewalk, crosswalk, traffic signpost,
traffic-control device, parking meter or structure in or upon any public street,
alley, or upon any other public property, except by a duly authorized public
employee or required or permitted by law. Any sign prohibited by this subsection
may be removed by city personnel, and persons responsible for placing the signs
shall be liable for cost of removal;
(i)Any
sign, except as may be required by law, placed or maintained so as to interfere
with free ingress to or egress from any door, window or fire escape;
(j)Signs
located so as to obstruct the view of a traffic sign, signal or device, or
located so as to confuse the viewers of same;
(k)Signs
located on or extending over public property, except as otherwise provided in
this chapter, without a valid license from the council to encroach;
(l)Signs
made wholly or partially of highly reflective material;
23.64.240Parking
or placement of large vehicles or structures in certain areas of residential
premises - Prohibited
(a)Except
as provided in subsection (b), it is unlawful for the owner or occupant of a
premises in any R district to park or place, or to allow or suffer the parking
or placing of, any structure, container or vehicle, mobile or not, which
dimensions exceed eight feet in height or twenty feet in length, at any location
on the premises as listed below:
(1)Between
the main structure and any property line abutting a street.
(2)In
any side or rear yard required by the zone district in which the premises is
located.
(3)At
any location on an undeveloped lot.
(4)Closer
than 31/2 feet to any structure.
(b)Exceptions:
(1)Parking
or placement for less than six consecutive hours.
(2)Parking
for the purpose of loading or unloading household goods or furniture.
(3)Parking
or placement of vehicles or structures being used in connection with
construction in progress on the premises.
(4)Parking
in a legally existing driveway.
(5)Parking
in a required rear yard setback that abuts an alley.
(6)Parking
or placement inside a garage or carport legally constructed on the premises.
(c)Parking
in the prohibited area may be allowed subject to first obtaining a use permit
under the terms of Chapter
23.72.
23.64.350Prohibition
of transient use of residential property for remuneration
(a)Definitions.
The following defined words shall have the following meaning for the purposes of
this section. The following shall prevail in case of conflict with the
definitions set out in Chapter
23.08.
(1)"Person"
means an individual, a group of individuals, or an association, firm, partnership,
corporation or other entity, public or private.
(2)"Owner"
means the person who possesses fee title to a transient use site.
(3)"Owner
representative" means any person authorized by the owner to fully manage the transient use site.
(4)"Remuneration"
means compensation, money, rent, or other bargained for consideration given in return for occupancy,
possession or use of real property.
(5)"Residential property"
means any dwelling unit, except those dwelling units lawfully established as part of a bed and breakfast inn, motel, hotel,
timeshare development, or other transient use not prohibited by this section.
(6)"Responsible tenant"
means a person aged 18 or older who has received notice of occupancy, parking and other limits and regulations that apply to
the transient use site, and who has agreed to be responsible to ensure that impermissible or inappropriate behavior
does not occur at the transient use site.
(7)"Transient"
means a period of time less than thirty consecutive calendar days.
(8)"Transient use of residential property"
means the commercial use, by any person, of residential property for transient lodging uses where the term of occupancy, possession
or tenancy of the property by the person entitled to such occupancy, possession or tenancy is less than 30
consecutive calendar days.
(9)"Transient use site"
and "Transient use"
mean property occupied and used for transient or short-term rental purposes.
(10)"Use"
means the purpose for which land or premises of a building thereon is designed, arranged or intended, or for which
it is or may be occupied or maintained.
(b) Transient use of residential
property must comply with General Plan Policy 1.5. Specifically, transient use of residential property for remuneration is prohibited,
and no transient use license may be issued, in any residential zoning district, including R-1, R-H, R-1-H, R-1-B-2, R-1-B-3,
R-2, R-2-B-3, R-3, R-3-P.G.R., R-3-M, R-4, and all PUD districts, except to the extent that such use is both (1) in the coastal
zone and permitted under the local coastal program, and (2) permitted by a transient use license issued by the city.
Transient use of residential property for remuneration in nonresidential zoning districts is prohibited, except (1)
as otherwise expressly permitted by this title, or (2) when such use is permitted by a transient use license issued by the city.
Transient use of residential property for remuneration does not include "home sharing" permitted by the city or house swaps,
house sitting, pet sitting, work trade, and similar noncommercial arrangements that do not involve an exchange of money.
(c)In order to provide a reasonable
phase-out of transient uses of residential property for remuneration, notwithstanding any other provision of this code,
all uses that become nonconforming as a result of the amendment to this section by the Initiative to Preserve and
Protect Pacific Grove's Residential Character, including uses permitted under short-term rental licenses, shall be discontinued
within 18 months from the date that the initiative was approved by the voters. Nothing in this subsection is intended to affect
any city authority to terminate uses found to be a nuisance, or that are otherwise unlawful.
(d)Liability and Enforcement.
(1)Any owner, owner representative,
responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or
otherwise who uses, arranges, or negotiates for the use of residential property in violation of the provisions of this chapter
is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of
this chapter.
(2)Any owner, owner representative,
responsible tenant, or other person who uses, or allows the use of, residential property in violation of the provisions of this
chapter is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation
of this chapter.
(3)Violations of this chapter may be
prosecuted pursuant to Chapter
1.16 PGMC, or enforced pursuant to Chapter
1.19 PGMC.
(4)Penalties may be assessed
for violations as provided in Chapters
1.16,
1.19, and/or
7.40 PGMC. The maximum limits set for administrative penalties in PGMC
1.19.200, however, shall not apply to any violation of this chapter or Chapter
7.40 PGMC.
(e)This section may be repealed
or amended only by a vote of the people, except that amendments do not require a vote of the people if they (1) apply only in the
coastal zone or (2) amend subsection (d) of this section concerning liability and enforcement.
[Ord. 18-018 § 3, 2018; Ord. 16-007 § 2, 2016; Ord. 10-001 § 2, 2010; Ord. 08-006 § 79, 2008;
Ord. 1933 N.S. § 1, 1994; Ord. 1913 N.S. § 1, 1993].