Butte County Municipal Code Art. VII Dangerous Animals

(a) Protection required. Every owner of an animal shall at all times:

(1) Prevent such animal from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property.

(2) Prevent such animal from causing substantial injury to another domestic animal while such domestic animal is lawfully upon public or private property. "Substantial injury" means any injury to an animal which results in veterinarian treatment or death.

(3) Desist from commanding or provoking such animal to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property.

(b) Exclusion. A trained dog assisting a peace officer engaged in law enforcement duties is excluded from this section.

(Ord. No. 2020, § 2, 2-28-12)

The owner of an animal identified as a dangerous animal shall obtain and maintain a current, valid dangerous animal permit issued pursuant to this article by the public health director.

(Ord. No. 2020, § 2, 2-28-12)

Unless the contrary is stated or clearly appears from the following context, the following definitions shall govern the construction of the words and phrases used in this article:

(a) Dangerous Animal. The term "dangerous animal" shall mean any animal, except a trained dog assisting a peace officer engaged in law enforcement duties or a food-producing animal being raised on a commercial farm or ranch, which demonstrates one (1) or more of the following behaviors or characteristics:

(1) An attack, without provocation, which requires a defensive action by any person to prevent bodily injury or property damage or that results in an injury to a person or property.

(2) Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person when such attack, injury or behavior occurs in a place where such person is conducting himself or herself peacefully and lawfully.

(3) An attack, without provocation, on another animal, which attack occurs off the property of the owner of the attacking animal.

(4) An animal that creates or constitutes a menace to the public's health and safety due to its training or inherent nature.

(5) A dog which has scars or wounds which are attributable to fights or altercations with another domestic animal.

(b) Animal Control Officer. The term "animal control officer" shall mean any person, whether an employee of the County of Butte, an independent contractor or an employee of an independent contractor, designated as an animal control officer by the director of public health.

(c) Owner. The term "owner" shall mean any person who owns or has any ownership or possessory interest in, possesses, keeps, has, maintains or harbors an animal.

(Ord. No. 2020, § 2, 2-28-12)

The owner of any dangerous animal, as defined in section 4-43(a) shall, within five (5) working days of receipt of written or oral notification by an animal control officer that said animal is dangerous, apply for a dangerous animal permit.

(Ord. No. 2020, § 2, 2-28-12)

An application for a dangerous animal permit shall be submitted in writing to the public health director. The application shall be accompanied by a fee, as adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule, and shall contain the name of the applicant, the applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location where the animal will be kept, and a complete description and a color photograph of the animal.

(Ord. No. 2020, § 2, 2-28-12; Ord. No. 4049, § 3, 9-25-12)

(a) Hearing Request. If the owner of the animal disputes the animal control officer's identification of the animal as a dangerous animal, he or she may, within five (5) working days of receipt of the notification, submit a written request for a hearing to the public health director. Failure of the owner to make a timely request for a hearing shall result in the animal being declared dangerous, and the owner shall be required to comply with the requirements of sections 4-42 and 4-44 to apply for a permit.

(b) Hearing. A hearing pursuant to this section shall be conducted in an informal manner by the public health director. The hearing should be held within ten (10) days of the receipt of the hearing request. The hearing may be continued if the public health director deems it necessary and proper or if the owner or animal control officer shows good cause. Both the owner of the animal and the animal control officer may present relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not be applicable. The public health director or authorized designee shall render a brief written decision within ten (10) days of the conclusion of the hearing. Said decision shall be final.

(Ord. No. 2020, § 2, 2-28-12)

A permit obtained under this section is not transferable. If the permittee's address or the location where the animal is kept changes, or the animal is sold, assigned, donated, leased or otherwise transferred or disposed of, the permit automatically becomes void and a new application must be submitted to the public health director pursuant to section 4-45 above.

(Ord. No. 2020, § 2, 2-28-12)

The issuance of a dangerous animal permit shall be conditioned upon the animal owner's promising in writing to comply with the rules and regulations specified in section 4-51 below and to any reasonable criteria related to the proper care, control, maintenance and use of the animal which the public health director shall establish.

(Ord. No. 2020, § 2, 2-28-12)

A permit issued pursuant to this article shall be valid for one (1) year unless it becomes void pursuant to section 4-47 or is revoked pursuant to section 4-53. If the permittee fails to file an application for a new permit pursuant to section 4-45 above prior to the permit anniversary date, the permit shall automatically become void.

(Ord. No. 2020, § 2, 2-28-12)

(a) Grounds. The public health director may deny a dangerous animal permit in any of the following situations:

(1) When the applicant or permit holder has willfully withheld or falsified any information required for a permit.

(2) If the applicant or permit holder has been convicted within the past five (5) years, by a court of law, for any violation of this article, or any other laws(s) relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state. For purposes of this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged.

(3) Whenever the animal owner fails to allow the animal control officer or other designated representative to conduct an inspection of the owner's property where the animal is kept or proposed to be kept.

(4) Whenever the owner of the dangerous animal fails to comply with any of the rules and regulations of section 4-51.

(5) Whenever an attack against a human being by the animal has resulted in substantial injury or fatality.

(b) Surrender or Removal of Animal. Upon written or oral notification being given that a dangerous animal permit has been denied, the owner of such animal shall, within three (3) calendar days of such notification, surrender said animal to the animal control officer or provide written proof to the public health director in the form of a declaration under penalty of perjury that such animal has been permanently removed from the County of Butte to an identified location.

(Ord. No. 2020, § 2, 2-28-12)

The owner of a dangerous animal shall comply with the following rules and regulations:

(a) When the animal is off the property of its owner, it must be restrained with a leash not to exceed three (3) feet in length and shall be under the direct control of a responsible adult capable of restraining such animal.

(b) The animal must be maintained so that it is not a threat to any mail carrier, sanitation worker, meter reader, or other person who has the lawful right, either by expressed or implied consent, to enter the property where the animal is kept.

(c) The animal shall not be allowed upon any unenclosed premises unless it is leashed and controlled by a responsible adult. The animal shall not be tethered, tied or staked on any unenclosed premises.

(d) The animal shall be kept in a fenced yard, kennel, run or enclosure approved by the animal control officer and maintained in such a manner to ensure that it is always secure to keep the animal inside.

(e) Each entrance to the property where the animal is kept shall be posted with a legible sign, conspicuous to the public, warning persons of the presence of said dangerous animal and containing an accurate description or picture thereof.

(f) The owner shall notify all persons residing in the same household or on the same premises that the dangerous animal permit exists and of the conditions of said permit.

(g) All local and state laws regarding the care, use, control and maintenance of animals shall be strictly complied with.

(h) In addition to any registration tag required to be worn pursuant to this chapter, the animal shall at all times wear a separate tag issued by the public health director designating it as a dangerous animal.

(i) The owner of the animal shall, at his or her expense, have a microchip assigned by the public health department, implanted.

(j) Prior to the issuance of the permit, the owner shall submit to the public health director proof of his or her financial responsibility to pay, at all times during the term of the permit, damages for bodily injury to or death of any person or persons which may result from the ownership, keeping or maintenance of such animal. Such proof shall be in a form satisfactory to the public health director. Submission of a certificate of insurance duly executed by an insurance company or companies authorized to transact business in the State of California and certifying that the owner has in full force and effect liability insurance in a minimum amount of one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons which may result from the ownership, keeping or maintenance of such animal shall be deemed satisfactory proof of financial responsibility. Any such certificate of insurance shall specify that the insurer shall advise the public health director at least thirty (30) days in advance of cancellation, material change or nonrenewal of such policy of insurance.

(Ord. No. 2020, § 2, 2-28-12)

Permits issued pursuant to this article shall provide that, as a condition for issuance, the premises upon which an animal is maintained shall, upon the request of the animal control officer, be opened at any reasonable hour for inspection by the animal control officer.

(Ord. No. 2020, § 2, 2-28-12)

(a) Grounds. Subject to the provisions of subsection (b) below, any dangerous animal permit issued pursuant to this article may be revoked by the public health director if he or she has reasonable cause to believe any of the following is true:

(1) The permittee, or the person caring for or having control or possession of the animal, has violated any local animal ordinance, zoning, health and safety or building ordinance or Penal Code section relating to the keeping, care or use of any animals.

(2) The permittee or the person caring for or having control or possession of the animal has violated or allowed to be violated any rules, regulations or conditions of the dangerous animal permit.

(b) Notice. If, after investigation, the public health director concludes that one (1) or more of the above grounds for revocation has occurred, he or she shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the public health director. Said hearing date shall be not less than five (5) days subsequent to the date the notice is mailed. After the informal hearing, the public health director may modify the terms of the permit or revoke the permit.

(c) Surrender or Removal of Animal. Upon written or oral notification of the revocation of a dangerous animal permit, the owner of such animal shall, within three (3) calendar days of such notification, surrender said animal to the animal control officer or provide written proof to the public health director in the form of a declaration under penalty of perjury that such animal has been permanently removed from the County of Butte.

(Ord. No. 2020, § 2, 2-28-12)

Notwithstanding any other provision of this article, the public health director, an animal control officer or peace officer may summarily seize and impound an animal pending any hearing pursuant to this article where there are reasonable grounds to believe that the animal:

(a) Poses an immediate threat or danger to the public or to an animal's health and safety;

(b) Has demonstrated one (1) or more of the behaviors or characteristics set out in section 4-43 and does not have a valid dangerous animal permit; or

(c) Is subject to a valid dangerous animal permit, and has not been kept or maintained in accordance with the terms thereof.

(Ord. No. 2020, § 2, 2-28-12)

(a) If the owner of the animal is not present when the animal is seized and impounded, the animal control officer shall post a notice of such impoundment on the front door or other appropriate place at the residence of such person, which notice shall state:

(1) That the animal has been impounded;

(2) Where the animal is being held;

(3) The name, address, and telephone number of the agency or person to be contacted regarding release of the animal;

(4) The consequences as specified in section 4-56, of not requesting a hearing within seventy-two (72) hours of the animal's seizure.

(b) If the owner of the animal is present at the time of the seizure, that person shall be given a written notice with the same information as specified in subsection (a) above.

(Ord. No. 2020, § 2, 2-28-12)

(a) If the owner of the animal seeks to have the animal released from impoundment, that person shall submit a request for hearing to the public health director within seventy-two (72) hours of the seizure.

(b) The seventy-two-hour period does not include the days the impounding agency is closed to the public.

(c) If no request for hearing is submitted as specified in subsection (a), a letter shall be sent by certified mail to the animal owner's last-known address notifying him or her that the animal may be destroyed or otherwise disposed of following one hundred twenty (120) hours from the seizure.

(Ord. No. 2020, § 2, 2-28-12)

(a) Hearing Date. Except as otherwise provided, the owner of any animal impounded pursuant to this article is entitled to a hearing conducted by the public health director within ten (10) days of receipt of a request for hearing.

(b) Continuance. A hearing may be continued if the public health director deems it necessary and proper or if the owner or the animal control officer shows good cause.

(c) Evidence. The owner of the animal and the animal control officer may present relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not be applicable.

(d) Decision. The public health director or authorized designee shall render a brief written decision within ten (10) days of the conclusion of the hearing. Said decision shall be final and may:

(1) Order that the animal will be destroyed, if the animal has bitten or injured a person or domestic animal;

(2) Declare the animal to be a dangerous animal as defined in section 4-43; or

(3) Require the owner or possessor, before the animal is released to his or her custody, to obtain a dangerous animal permit pursuant to this article.

(Ord. No. 2020, § 2, 2-28-12)

Any person who has had a dangerous animal permit denied or revoked pursuant to this article shall not own or have any ownership or possessory interest in, possess, keep, have, maintain, harbor or be in charge of any dangerous animal for a period of three (3) years from the date said animal was declared dangerous pursuant to this article or from the denial or revocation of the permit, whichever date is later. The public health director shall not issue or renew any dangerous animal permit to or for said person within said three-year period.

(Ord. No. 2020, § 2, 2-28-12)

(a) Misdemeanor; Each Day a Separate Offense. Any animal owner violating any provision of this article or any of the terms or conditions of a dangerous animal permit issued hereunder shall be deemed guilty of a misdemeanor. Each and every day or portion thereof that such person violates or continues to violate any such provision, terms or conditions constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

(b) Nuisance. Any violation of any provision of this article or any of the terms or conditions of a dangerous animal permit issued hereunder is hereby declared to be a public nuisance and may be abated as provided by law.

(c) Remedies Cumulative. The remedies provided in this article are cumulative and not exclusive. Nothing in this article bars any legal, equitable, administrative or summary remedy to which any aggrieved public agency, person, firm, corporation or partnership may otherwise be entitled.

(Ord. No. 2020, § 2, 2-28-12)