Butte County Municipal Code Art. I Dogs

It shall be unlawful for any person owning, possessing or having the custody or control of a dog, except a service dog, to allow or permit such dog, whether licensed or unlicensed, to be or run in or upon any public or private place or premises within the county other than those of such owner or custodian, except in the following instances:

(a) Upon the private premises of another, by and with the consent of the owner of such private premises;

(b) Upon a public street, sidewalk or way, while under the effective control of a person capable of controlling and who does maintain effective control of such dog at all times, to the end that such dog shall not be allowed to commit any act of nuisance.

(Ord. No. 2020, § 2, 2-28-12)

No owner or person having the possession, custody or control of a dog within the county shall allow or permit such dog to commit a nuisance upon any public or any private property; provided, that this shall not apply to street gutters outside of pedestrian ways, it being the intent of this section that it shall be the duty of all persons having control of a dog to curb such dog when necessary.

(Ord. No. 2020, § 2, 2-28-12)

Without limitation as to the general provisions of section 4-1.1, the following specific acts and conditions committed by a dog are hereby declared to be unlawful and to constitute a public nuisance, and the owner or person having possession, custody or control of a dog committing any of the following shall be subject to the penalties provided by this chapter:

(a) Being in or upon any public or private school grounds, except when authorized by appropriate school officials, or where the animal is a service dog;

(b) Annoying, harassing, nipping, mauling or biting any person or persons;

(c) A female dog in breedable condition (in heat), being within the county, except when confined in or upon the premises of its owner or custodian, or where being exercised under the direct and strict control of its owner or responsible person, or where being transported within the county for purposes of veterinary care;

(d) Damaging or destroying any property or thing of value;

(e) Creating a disturbance in a neighborhood by howling, barking or making unusual noises;

(f) Committing excretion on private property other than the property of its owner or custodian, and where an owner or responsible person fails to immediately remove such excretion.

(Ord. No. 2020, § 2, 2-28-12)

When any condition prohibited by section 4-1 is found to exist, the public health director, or authorized designee, may, except when such condition occurs on the owner's premises, impound such dog in the animal control shelter; and the district attorney, after review and investigation of the condition, is authorized to institute abatement proceedings against the owner of such dog in the manner provided by law.

If any such condition occurs on the owner's premises, the district attorney, after review and investigation, is authorized to institute abatement proceedings against the owner of such dog in the manner provided by law.

The remedy herein provided is nonexclusive and may be pursued singularly or concurrently with any penal process provided for any violation of any provision of this chapter.

(Ord. No. 2020, § 2, 2-28-12)

Any person violating any provision of section 4-1, 4-1.2(e) or 4-1.2(f) or 4-1.5 shall be guilty of an infraction, punishable by fine or fines of not less than fifty dollars ($50.00) for the first offense; of not less than one hundred fifty dollars ($150.00) for a second offense; and of not less than three hundred dollars ($300.00) for a third or subsequent offense. The first, second, third and subsequent offenses shall be accumulated and counted within any twelve (12) consecutive month period. No part of these fines may be suspended.

(Ord. No. 2020, § 2, 2-28-12)

Notwithstanding anything to the contrary in sections 4-1 through 4-1.3, this section shall apply in the unincorporated areas of the county as described in section 4-1.6. Within the unincorporated areas described in section 4-1.6, it shall be unlawful for any person owning, possessing or having custody or control of a dog, except a service dog, to allow or permit such dog, whether licensed or unlicensed, to be or run in or upon any public or private place or premises within the county other than those of such owner or custodian, except in the following instances:

(a) Upon the private premises of another, by and with the consent of the owner of such private premises;

(b) Upon a public street, sidewalk or way while under the effective control of the person who has the dog under control by a leash as defined herein, capable of controlling and who does maintain effective control of such dog at all times to the end that such dog shall not be allowed to commit any act of nuisance. "Leash" is hereby defined as a flexible rope, strap, cord or chain, not over six (6) feet in length, of such strength and design as to be capable of restraining the dog for which it is being used to lead or restrain.

(Ord. No. 2020, § 2, 2-28-12)

The urban areas to which section 4-1.5 and Article 1A are applicable are known as the unincorporated areas within the spheres of influence of the incorporated cities, as now or hereafter amended, and more specifically according to the maps adopted by the Butte County Local Agency Formation Commission as the spheres of influence for the cities of Biggs, Chico, Gridley and Oroville, and the Town of Paradise.

(Ord. No. 2020, § 2, 2-28-12)

Every person who lives in the unincorporated area of the county and who owns or keeps a dog that is over four (4) months old shall register his or her dog within thirty (30) days after:

(a) Such dog reaches the age of four (4) months;

(b) Such person moves into the unincorporated area of the county; or

(c) Such person acquires the dog.

Registration shall be accomplished by purchasing a license from the public health department.

The initial license issued for any dog may be for a minimum of six (6) months. Subsequent licenses may be issued for periods between seven (7) months and three (3) years. The dog license fees for fractional year licenses may be prorated on a monthly basis.

(Ord. No. 2020, § 2, 2-28-12)

Every person who owns or controls a kennel or other place in the unincorporated areas of the county where more than five (5) dogs over the age of four (4) months are kept, for any purpose whatsoever, shall obtain a kennel license within thirty (30) days after the kennel is established and annually thereafter.

(Ord. No. 2020, § 2, 2-28-12)

(a) The fee for kennel licenses shall be as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule. In the event a kennel license is not obtained during the applicable period specified in section 4-3 above, there shall be a late fee of one hundred dollars ($100.00), in addition to the applicable kennel license fee.

(b) Dogs maintained in a kennel licensed pursuant to the provisions of this chapter are not subject to the license fees specified in subsection (d) below.

(c) All dogs maintained in the kennel shall be vaccinated against rabies in compliance with California law and shall wear a collar and a tag provided at the expense of the kennel owner or operator. Such tag shall identify the kennel owner and the applicable Butte County kennel license number.

(d) Dog license fees shall be as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.

(e) Dog license late registration penalty shall be ten dollars ($10.00).

(Ord. No. 2020, § 2, 2-28-12; Ord. No. 4108, § 1, 2-9-16; Ord. No. 4128, § 2, 6-13-17)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Pound or animal control shelter" shall be deemed to include any pound facility owned or operated by the County of Butte or operated pursuant to a contract with the County of Butte or any other facility designated by the public health department as a place of impoundment.

"Public health director" shall mean that person duly designated by the board of supervisors. The terms "chief animal control officer," "chief of animal control," "rabies control program coordinator," and "rabies prevention coordinator" shall be deemed to refer to and include "public health director or authorized designee."

"Responsible person" shall mean any one (1) of the following:

(a) A person who owns, is in possession of, or has custody or control of any animal;

(b) A person whose agent, employee, or independent contractor allows a violation of this chapter to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal; or

(c) A person who is the owner of, and/or a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a violation of this chapter occurs.

(Ord. No. 2020, § 2, 2-28-12)

The public health director for Butte County, or authorized designee, shall be responsible for providing registration and kennel license applications and registration tags and kennel licenses. Dogs may be registered and kennel licenses obtained at the animal control shelter, or at other places designated by the public health director or authorized designee for Butte County.

(Ord. No. 2020, § 2, 2-28-12)

No registration tag shall be issued for a dog unless proof has been presented that said dog has been vaccinated against rabies at a date such that the period of time elapsing from the date of vaccination to the expiration of the registration being issued shall not exceed thirty-six (36) months in the case of vaccination with a vaccine approved for use by the California Department of Public Health for a duration of immunity of thirty-six (36) months.

(Ord. No. 2020, § 2, 2-28-12)

No kennel license shall be issued unless proof has been presented that all dogs owned by the kennel owner or operator have been vaccinated against rabies in the manner prescribed above, nor shall any kennel license be issued until the public health director or authorized designee has first issued a certificate that the kennel is operated in a sanitary and proper manner so as not to constitute a nuisance to the neighborhood.

(Ord. No. 2020, § 2, 2-28-12)

(a) Any kennel license may be revoked if, after an administrative hearing, it is determined that the licensee has failed to comply with the terms of the license, or any of the following are found to be true:

(1) The licensee, or his or her agent or employee, has been convicted of any offense involving the violation of section 597 of the Penal Code, or any provision of this article, or is in violation of the zoning, health and safety, or building ordinances relating to the keeping of animals;

(2) The licensee has failed to keep and maintain the premises in a clean and sanitary condition;

(3) The licensee has failed to provide any animal kept at the property where the kennel is located with proper food, water, or shelter; or

(4) The licensee exceeds the number of dogs allowed under the use and/or kennel permit.

(Ord. No. 2020, § 2, 2-28-12)

If, after investigation, it is determined that a licensee is not in compliance with the terms of the kennel license, the public health director, or his or her designee, shall send the licensee a written notice that explains the terms of the license that are not being complied with, and that the licensee must correct the problems within ten (10) days. The written notice shall also explain that if the licensee does not voluntarily correct the identified problems, an administrative hearing may be held to determine if the license should be revoked. If it is determined after the expiration of the ten-day period set forth in the written notice that the licensee has failed to voluntarily correct the problems and comply with the terms of the license, the public health director, or his or her designee, may set the matter for an administrative hearing.

(Ord. No. 2020, § 2, 2-28-12)

(a) The public health director or his or her designee may set the matter for an administrative hearing by providing the licensee with a Notice of Kennel License Revocation Hearing. The Notice of Hearing shall be mailed to the licensee, and posted at the location where the kennel is located, at least ten (10) calendar days before the date of the scheduled hearing.

(b) The Kennel License Revocation Hearing shall be held before a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program."

(c) At the time and place set for the hearing, the Hearing Officer shall hear testimony and receive written and/or documentary evidence relating to the alleged failure of the licensee to comply with the terms of the kennel license or the provisions set forth in section 4-7.1. The Hearing Officer shall record the audio of the hearing or engage the services of a court reporter to record the hearing, and shall preserve the record, including any written or documentary evidence introduced by the parties, for a period of three (3) years.

(d) Within fifteen (15) calendar days after the hearing is closed, the Hearing Officer shall render a written decision whether the kennel license shall be revoked. The decision shall contain findings of fact and conclusions of law. A copy of the decision shall be mailed to the public health director and the licensee, at the property where the kennel is located, unless the licensee provides the hearing officer with an alternative address at the hearing. The Hearing Officer's decision shall be final.

(Ord. No. 2020, § 2, 2-28-12)

(a) Either party may seek judicial review of the Hearing Officer's decision by filing a petition for a writ of mandate with a request to stay the Hearing Officer's decision in the Civil Division of the Butte County Superior Court in accordance with the procedure set forth in California Code of Civil Procedure section 1094.5 et seq. Documents shall be served upon the "Clerk of the Board of Supervisors, County of Butte, 25 County Center Drive, Oroville, California 95965."

(b) No judicial appeal is permitted where a party has failed to appear at a properly scheduled administrative hearing.

(Ord. No. 2020, § 2, 2-28-12)

To facilitate the administration of this article, the public health director and other persons authorized to register dogs and issue kennel licenses are hereby authorized to accept registration and kennel license fees for dogs and kennels not meeting the vaccination requirements in sections 4-6 and 4-7 above and to give a receipt therefor without issuing a registration tag. The public health director or authorized designee shall arrange for proof of vaccination to be returned by mail. The dog or kennel owner shall be allowed thirty (30) days from the date of his receipt to present proof of vaccination to the licensing authority. Upon receipt of proof of vaccination against rabies as required in section 4-6 above, the licensing authority shall mail or otherwise present to the dog owner or kennel owner the registration tag or kennel license. In the event that proof of vaccination is not returned to the licensing authority within thirty (30) days from the date of the fee receipt, then the fee shall be forfeited to the county and the dog or kennel shall not be registered or licensed.

(Ord. No. 2020, § 2, 2-28-12)

When a person's dog is registered, he shall be given a registration tag which shall be fastened to the dog's collar or harness and worn by the dog at all times.

(Ord. No. 2020, § 2, 2-28-12)

Any unregistered dog or registered dog not wearing its registration tag may be impounded. If the dog is not claimed after a period of four (4) business days not including the day of impoundment, such dog may be destroyed. Any unregistered dog may be claimed at the pound if the owner pays the boarding fees charged at the pound by the public health department as authorized under section 4-11 of this article and if the owner registers the dog pursuant to section 4-4(d) of this article. On receipt of the registration fee, a receipt shall be issued; and if proof of vaccination against rabies as required in section 4-6 is presented, a registration tag shall be given the person. If such proof is not presented, the provisions of section 4-8 shall prevail.

(Ord. No. 2020, § 2, 2-28-12)

It shall be the duty of the public health director or authorized designee to impound all licensed dogs caught running at large anywhere in the unincorporated areas of the county contrary to the provisions of this Code. Upon the taking up and impoundment of any such dog pursuant to this section, the public health director or authorized designee shall ascertain from county license records the owner of the impounded dog and forthwith give to the owner a written notice thereof, by mailing a copy of such notice to the owner at the address listed on the license application. The public health director or authorized designee shall turn over any dog taken in by him to the owner thereof after payment of the boarding fees charged by the public health department as authorized under section 4-11 of this article. Unless called for and redeemed within four (4) business days not including the day of impoundment, any dog taken up under the provisions of this section may be destroyed by the public health department.

(Ord. No. 2020, § 2, 2-28-12)

The public health department shall charge and collect fees from animal owners for the redemption of impounded animals as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.

The first, second, third and subsequent impoundments of an animal or animals shall be accumulated and counted within any twelve (12) consecutive month period. The penalty for impoundment is fifteen dollars ($15.00) for the second impoundment and the penalty for the third and subsequent impoundments is thirty-five dollars ($35.00).

(Ord. No. 2020, § 2, 2-28-12; Ord. No. 4108, § 2, 2-9-16; Ord. No. 4128, § 3, 6-13-17)

Any animal which has bitten a person, or which has been in intimate contact with a known or suspected rabid animal, or which is rabid or suspected of being rabid, shall be quarantined in a manner set forth by the health officer pursuant to sections 121575—121710 of the Health and Safety Code, and sections 2606—2606.6 of the California Code of Regulations, title 17. Either the public health director or the health officer may order such quarantine. If the animal is quarantined at the pound or other designated facility upon the order of the health officer or public health director, said animal may be redeemed by the owner at the end of the quarantine or isolation period upon payment of the cost of boarding and feeding such animal while so quarantined. Dogs quarantined pursuant to this section may be redeemed by the owner at the end of the quarantine or isolation period upon payment of all fees, including, but not limited to impoundment, boarding, licensing and vaccination fees. Dogs not redeemed within seventy-two (72) hours of the end of a quarantine or isolation period shall be deemed abandoned by the owner and shall become the property of the County of Butte for disposal or other disposition.

(Ord. No. 2020, § 2, 2-28-12)

It shall be unlawful to interfere with, oppose or resist any authorized person collecting or impounding dogs under the provisions of this article. Such authorized person shall wear a badge and may go upon private property in pursuit of a dog, or may go upon private property other than in pursuit of a dog for the purpose of enforcing this article, after previous written notice to the dog owner, to comply with the provisions of this article. Nothing in this section contained shall authorize constitutional violations of search and seizure laws.

(Ord. No. 2020, § 2, 2-28-12)

The public health director or authorized designee shall enforce this article and the laws of the state pertaining to the registration, vaccination, control, taking up, impoundment and disposition of dogs. The public health director, or employees thereof, is authorized to issue notices of violation, and notices to appear in order to enforce this article and the laws of the state but shall not be empowered to make arrests as a means of enforcement.

(Ord. No. 2020, § 2, 2-28-12)

It shall be the duty of the director of public health or his designee to exercise staff supervision over the animal control program and to carry out the provisions of this article, in accordance with the then-current county budget as adopted by the board of supervisors.

(Ord. No. 2020, § 2, 2-28-12)