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No owner or possessor of any animal shall cause or permit it to do any of the following:

A. To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless the animal is properly licensed, if such licensing is necessary hereunder, and under the control of the owner by being saddled, harnessed, haltered, or leashed by a substantial chain, lead rope or leash, which chain, lead rope or leash shall be continuously held by some competent person capable of controlling such animal;

B. To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property or to habitually continue to trespass thereon;

C. To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peace of any citizen or to be a public nuisance;

D. To be without proper and adequate food, water, shelter, care, and attention as described in Section 597f of the Penal Code;

E. Subsections A and B of this section shall not be applicable to cats;

F. No person, other than an individual actually working a dog or other animal for ranching purposes, shall transport or carry on any public highway or public roadway, any dog or other animal in a motor vehicle unless the dog or other animal is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether, or other device to prevent the animal from falling from, being thrown from, or jumping from the motor vehicle. As used herein “motor vehicle” means and includes without limitation automobile, pickup and trailer;

G. No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health or safety;

H. Notwithstanding any other provision of this chapter, any violation of subsections A or B of this section is an infraction. Any animal control officer or law enforcement officer who witnesses such a violation shall have the right to impound the animal if, in his opinion, the animal’s health or safety is or will be thereby endangered;

I. Canine Feces. It is unlawful for any person owning or having control or custody of any dog:

1. To permit or allow the dog to defecate upon the public property of Atherton parks without the consent of the town unless the owner or the person having control or custody of the dog immediately removes the feces and properly disposes of it in a sanitary manner,

2. To walk a dog on the public property of Atherton parks without carrying at all times a suitable container or other suitable instrument for the removal and disposal of canine feces. (Ord. 459 § 1, 1990; Ord. 431 § 2 (part), 1987)