Calaveras County Municipal Code Ch. 6.04 General Provisions

The ordinance codified in this title shall be known as the "Calaveras County animal control ordinance".

(Ord. 2641 (part), 2001).

The purpose of this title is to establish uniform rules and regulations pertaining to domestic and certain wild animals within the unincorporated area of the county. The provisions of this title may be extended to any incorporated areas within the geographic boundaries of the county provided there is an agreement between the county board of supervisors and the governing body of such city or cities to that effect.

(Ord. 2641 (part), 2001).

As used in this title, the following terms shall be ascribed the following meanings:

"Altered" means rendered incapable of reproduction by physical (surgical alteration or the implantation of a device) or other accepted and legally recognized methods and certified by a licensed veterinarian.

"Animal control" means the entire program for the regulation of domestic and certain wild animals in the county.

"Animal shelter" means the public facility or facilities furnished by the board for the safekeeping, impoundment and disposition of animals entrusted to its care as defined in this title.

"Animal permit" means a permit, issued by the director, that authorizes a person to keep, harbor or maintain four or more dogs of at least four months of age, or five or more cats of at least four months of age for noncommercial purposes.

"At large" means an animal off the premises of its owner, and not under restraint by means of a leash or otherwise under the immediate control of the owner.

"Assistance dog" means any dog that is specially trained as a guide dog, signal dog or service dog (as defined in Section 54.1 of the California Civil Code) that is used by a disabled person or any dog that is being trained for such use by a bona fide trainer.

"Board" means board of supervisors of the county.

"Capture gun" means any rifle or pistol used to temporarily immobilize an animal with a substance approved by the Food and Drug Administration.

"Cat" means any member of the species Felis catus; long domesticated as a pet or companion animal; it excludes other members of the family Felidae.

"Commercial" means operated or carried on for financial gain.

"Director" means the director of animal control of the county, his/her officers and agents.

"Dog" means and includes members of the species Canis familiaris; long domesticated as a pet or companion animal; it excludes other members of the family Canidae.

"Domestic animal" means cats, dogs and includes, but is not limited to: horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits and fowl including ostriches, emus and rheas, and other animals commonly kept for domestic purposes; it does not include any animals regulated pursuant to Section 2118 of the California Fish and Game Code.

"Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the dog from escaping and shall be approved by the director. The animal(s) shall be housed pursuant to section 597t of the Penal Code.

"Foster home" means any facility approved by the director where domestic animals are kept on a temporary basis not to exceed six months while a permanent home for such animals is sought.

"Health officer" means the health officer of the county, his/her officers and agents.

"Humane officer" means any person appointed pursuant to Section 14502 of the California Corporations Code.

"Impoundment" means the taking up and confining of all animals by the director in a manner consistent with recognized standards of humane treatment.

"Kennel" means any enclosure, premises, building, or structure, for which the director has issued a license that authorizes four or more dogs or five or more cats over the age of four months to be kept, harbored or maintained.

"Livestock" means but is not limited to the following: horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits and fowl including ostriches, emus and rheas, and other animals commonly kept for domestic purposes, except dogs and cats.

"Owner" means any person, having care, custody, control, title, interest in or possession of any animal subject to regulation by this title.

"Person" means any individual, firm, partnership, corporation, company, society or association, and every officer, agent or employee thereof.

"Pet shop" means any person that buys, sells or boards any species of animals, whether operated separately or in connection with another business enterprise, excepting licensed kennels or for agricultural purposes.

"Police dog" means any dog used by a duly appointed peace officer at a recognized police agency which is used in legitimate police work so long as said dog is authorized by the appointing authority.

"Potentially dangerous dog" means any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog;

2. Any dog which, when unprovoked, bites a person causing an injury that is less than a severe injury;

3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner of the dog.

"Quarantine" means the strict confinement of an animal or animals upon the premises of the owner or other such location as directed by the health officer in an enclosed building, cage or paddock, as may be appropriate for the species.

"Ranch dog permit" means a permit that is issued to allow a person to keep, harbor or maintain four or more dogs over four months of age in the pursuit of a legitimate livestock production endeavor.

"Rescue organization" means a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of dogs or cats that have been removed from the animal shelter or that have been previously owned by any person other than the original breeder of that dog or cat.

"Severe injury" means any physical injury to a human being that results in muscle tears, or disfiguring, or requires multiple sutures, or corrective or cosmetic surgery.

"Vaccination" means the inoculation of an animal against rabies with vaccine approved by, and in the manner prescribed by, the state department of public health.

"Veterinarian" means a person licensed to practice veterinary medicine in the state of California.

"Vicious dog" means any of the following:

1. Any dog seized under Penal Code Section 599aa and upon the sustaining of a conviction of the owner under subdivision (a) of Section 597.5 of the Penal Code;

2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner has been notified of this determination, continues the behavior described under "potentially dangerous dog" or is maintained in violation of Section 6.12.060 of this title.

"Wild animal" means any of the following:

1. Any animal described in California Fish and Game Code Sections 2116 and 2118;

2. Any animal described, in any addition to Fish and Game Code Section 2118, by regulation of the Fish and Game Commission as provided in Section 2118 (j) and (k);

3. The following members of the Class Mammalia:

a. Order Carnivora, expressly excepting the domestic dog Canis familiaris and the domestic cat Fells catus, but including, but not limited to, the family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), the family Canidae (such as wolves, dingos, coyotes, foxes and jackals), the family Pracyonidae (raccoons), and the striped skunk Mephitis mephitis;

b. Order Marsupialia such as kangaroos and opossums;

c. Order Chiroptera (bats);

d. Order Proboscidea (elephants);

e. Order Primata including, but not limited to, monkeys, chimpanzees and gorillas;

4. Any nondomestic species when kept, maintained or harbored in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings;

5. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.

6. Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state, any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in the wild state.

(Ord. 2641 (part), 2001).

The official name of the department charged with enforcement of this title shall be known as the "Office of Animal Services". The term "animal control", "animal control officer", as used throughout this title, is interchangeable with and means the same as "animal services".

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

The board may, by resolution, promulgate necessary rules and regulations for the administration of this title.

(Ord. 2641 (part), 2001).

The board may, by resolution, establish an advisory committee to serve at the pleasure of the board for the purpose of making recommendations for the betterment of the animal control program.

(Ord. 2641 (part), 2001).

The board may, by resolution, periodically establish a schedule of fees for all animal control activities.

(Ord. 2641 (part), 2001).

Upon the recommendation of the director and with the approval of the board, the fees provided for by this title may be waived when the animals have been impounded because of civic disorganization, disruption, or other conditions of devastation within the county due to fire, flood, earthquake, storm, or other natural calamity.

(Ord. 2641 (part), 2001).

No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this title while that person is engaged in the performance of their duties.

(Ord. 2641 (part), 2001).

The director shall deliver a notice of revocation or refusal to the permit or license holder or applicant in any one of the following ways:

A. By first class or registered mail addressed to the individual as the individual's name and address appear on the permit or license or permit or license application;

B. By delivering the notice to the individual, any partner or corporate officer named in the permit or license or permit or license application in person;

C. By delivering the notice to any employee of the individual at the fixed place of business if specified in the permit or license or permit or license application;

D. By posting the notice in a conspicuous place upon the premises of the establishment as specified in the permit or license or permit or license application affected by number, date and name and specify the grounds for which the permit was revoked or refused and be dated and signed by the director.

E. The revocation or refusal shall be effective at the time written revocation or refusal is delivered personally or posted on the property or forty-eight hours after the notice is deposited in the United States mail unless the revocation or refusal states a later effective date.

(Ord. 2641 (part), 2001).

Any person owning or having an interest in any establishment for which a permit or license was refused or revoked by the director, or is subject to any action or decision made by the director may appeal the action, decision, refusal or revocation to the board by filing a written notice of appeal stating the name and address of the appellant and his/her desire to appeal the action, decision, refusal or revocation of the permit or license to which is attached a copy of the application for the permit or license with the refusal endorsed thereon or a copy of the notice of revocation with the board within ten days following the date of the refusal or revocation. The board shall fix a date for hearing the appeal not more than thirty days following the date the notice of appeal is filed and shall mail notice of the time and place of the hearing to the person filing the notice of appeal not less than five days prior to the date of hearing. The appellant may appear in person or by counsel and present any relevant evidence relating to matter or the lack of such grounds and director may present evidence in rebuttal thereof. The hearing may be continued from time to time as deemed appropriate by the board. The board shall find and determine from the evidence and the provisions of this title whether the appeal should be granted or denied. Nothing in this title shall prevent the board from granting a variance from the terms and conditions of this title for good cause. The decision of the board shall be final.

(Ord. 2641 (part), 2001).

If an application for an interim animal permit, ranch dog permit, foster care permit, commercial kennel license or private kennel license has been denied, or has been revoked, the director may refuse to accept a new application for such a permit or license unless the applicant can demonstrate to the director's satisfaction that the conditions or circumstances for which the permit or license was revoked or denied have changed to such an extent that a new application should be considered. Such application shall be considered as a new permit or license and shall conform to any new requirements that may have been adopted since such permit or license was originally issued.

(Ord. 2748 § 1(part), 2004).

Any activity which has been licensed or otherwise expressly permitted by the director prior to the enactment of the ordinance codified in this title may continue to exist, provided:

A. Such activity may not be expanded, enlarged, or increased with respect to the number of animals without strict compliance with this title;

B. In the event an animal is sold, given away, impounded, dies, or is otherwise transferred, the animal shall not be replaced without strict compliance with this title;

C. The continued use or activity does not become a nuisance or threat to the health, safety, and welfare of any other person or animal.

(Ord. 2641 (part), 2001).

A. Any person violating any of the provisions of this title shall be guilty of an infraction, unless otherwise expressly provided elsewhere in this title, and shall be punished with a fine not exceeding one hundred dollars for the first conviction and a fine not exceeding two hundred dollars for a second conviction within two years.

B. The third and each subsequent conviction of this title in the period of two years shall constitute a misdemeanor, and shall be punishable by fine of not more than one thousand dollars, or by imprisonment not to exceed one year, or by both such fine and imprisonment.

C. Each and every day or portion thereof on which any violation of this title is committed, continued, or permitted by any person shall constitute a separate violation hereof.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)