Calaveras County Municipal Code Ch. 6.10 Control and Nuisances

No person owning or having charge, care or custody of any dog shall cause or permit such dog, either willfully or through failure to exercise due care or control, to be at large as defined in Section 6.04.030. A third violation of this section within a twenty-four month period is a misdemeanor.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person owning or having care or custody of any domestic animal shall permit either willfully or through failure to exercise proper control, such animal to trespass or be upon any private property of another person without consent of such person. A third violation of this section within a twenty-four month period is a misdemeanor.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person, owning or having charge, care or custody of any domestic animal shall cause or permit, either willfully or through failure to exercise due care or control, any such animal to injure a person or damage or destroy property. A violation of this section is a misdemeanor or an infraction.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person shall abandon any domestic animal within the boundaries of the county. A violation of this section is a misdemeanor pursuant to Penal Code section 597s.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person having charge of any dog shall permit the dog to be within public school property, public parks, or cemeteries, unless otherwise allowed under federal or state law, and except as provided below:

A. Dogs are permitted on public school property when used for teaching or other school uses when approved by local school officials.

B. Dogs are permitted in public parks when participating in an obedience class, when used in training, or when participating in some other organized function authorized by park officials.

C. When posted to allow dogs on a leash.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

Every person owning or having charge of any female cat or dog shall strictly confine such animal during its breeding season (i.e., while it is in heat) in a building or other enclosure adequate to keep such cat or dog confined. A third violation of this section within a twenty-four month period is a misdemeanor.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person having or having charge, care, custody or control of any livestock shall cause or permit either willfully or through failure to exercise due care or control, any such animal to be placed, staked, or to graze or be upon the land of another without the written consent of the owner or person in lawful possession of the land, or upon public lands or highways, or to allow any such animal to run at large. A third violation of this section within a twenty-four month period is a misdemeanor.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person having charge, care, custody or control of a stallion, bull, boar, ram or male goat, shall turn out or permit such animal to be turned out or to run at large. A third violation of this section within a twenty-four month period is a misdemeanor.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

No person shall let to mares or jennies any stallion or jack within the limits of any city or town, or within four hundred yards of a city or town, except in an enclosure which is sufficient to obstruct the equine inhabitants from view of all persons within such limits.

(Ord. 2641 (part), 2001).

No person shall, without the consent of the owner, hold or retain possession of any domestic animal for more than twenty-four hours without first reporting the possession of such animal to the director, giving his name and address and a true description of the animal, and then surrendering such animal to the director upon demand. A violation of this section is a misdemeanor.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

A. No person shall keep, maintain or permit either willfully or through failure to exercise proper control, on any lot, parcel of land, or premises under his/her control, any animal(s), including livestock, which disturbs the peace and comfort of the inhabitants of the neighborhood, or interferes with the reasonable and comfortable enjoyment of life or property. No summons and complaint shall be issued for any violation of this section unless there are at least two or more complaining witnesses from separate households who have signed such complaint. In appropriate cases, as determined by the director of the department of animal services or their designee, any animal control officer or police officer who has personally investigated the complaint of a single complainant, and observed problem behavior or nuisance, may be the second complaining witness. Conditions constituting a nuisance under this section include:

1. Excessive dust;

2. Excessive noise;

3. Excessive odors;

4. Vectors;

5. Threat to health.

B. Any dog which has been allowed or permitted to persistently and chronically violate this section, including the conditions set forth in subsection A, as demonstrated by one or more convictions for violating this section, and the receipt of subsequent complaints from more than one household, is declared to be a public nuisance and may be impounded upon compliance with the procedures outlined in subsections C through I.

C. Whenever any chronic barking dog nuisance as defined in subsection B of this section is found on any premises within the jurisdiction of the county, a written notice shall be given to the owner, possessor or keeper of the dog, or to the owner, occupant, person in possession, person in charge or person in control of the premises where the dog is located, or a written notice shall be posted at such premises when none of the above people can be found at the premises. Such notice shall be signed by the director of the animal services or his or her authorized representative and shall give the person or persons to whom it is directed no less than seventy-two hours (three days) nor more than one hundred twenty hours (five days) to abate the chronic barking dog nuisance. Such notice shall also state that the dog may be impounded if the barking dog nuisance is not abated.

D. If, after the time given to comply with the notice has passed, the barking dog nuisance has not been abated, the director of the animal services or designee may: summarily abate the barking dog nuisance by impounding the barking dog; assess the costs of such abatement against the owner, possessor or keeper of the dog, or to the owner, occupant, person in possession, person in charge or person in control of the premises where the dog is located, to be collected by suit or otherwise; and issue a citation for the violation of this section. The impoundment shall continue until the resolution of the citation issued in conjunction with the impoundment or, until the director or a hearing officer has conducted the administrative hearing described in this section and determined that the dog does not constitute a barking dog nuisance and should be released.

E. At the time any dog is impounded as a barking dog nuisance, the director or their designee shall serve a notice on the owner, possessor or keeper of the dog, or to the owner, occupant, person in possession, person in charge or person in control of the premises where the dog is located; or a written notice shall be posted at such premises when none of the above people can be found at the premises. Such notice shall be signed by the director of the animal services or his or her authorized representative. Such notice shall state that the dog has been impounded as a chronic barking dog nuisance under this section; that the owners, possessors, and keepers of the dog are entitled to a hearing to contest the impoundment; that to obtain such a hearing, the owner, possessor, or keeper must submit a written petition for release of the dog, containing the petitioner's name and address, including mailing address, and the reason the dog should not be classified as a chronic barking dog nuisance; and that this petition must be filed with the director within seven business days of the impoundment. If the last day of this seven-day period falls on a non business day or holiday, the time for filing the petition shall be extended to the next regular business day.

F. When a dog has been impounded pursuant to this section, and the owner, possessor or keeper of such dog disputes the classification of such dog as a chronic barking dog nuisance, the owner, possessor or keeper of such dog may file a written petition for a hearing concerning such classification with the director no later than seven business days after impoundment. If the last day of this seven-day period falls on a non business day or holiday, the time for filing the petition shall be extended to the next regular business day. Such petition shall include the petitioner's name and address, including mailing address and the reason the petitioner believes the dog should not be classified as a chronic barking dog nuisance. The petition shall be set for a hearing to be held on a date no more than thirty days after the date the petition is filed. The director, or the director's designee, shall issue a notice of the hearing date by mailing a copy to the petitioner's address no later than ten days prior to the date of the hearing. The director, or the director's designee, shall post a public notice of the hearing for a minimum of two weeks prior to the hearing date. Where the owners, possessors, or keepers of the dog fail to file a written petition with the director within seven days of the impoundment, excluding non business days and holidays, they shall be deemed to have waived their right to a hearing to contest the classification of the dog as a chronic barking dog nuisance.

G. The hearing on the chronic barking dog classification shall be held before the director or a hearing officer designated by the director. The sole issue at the hearing shall be whether the dog constitutes a chronic barking dog nuisance as defined in subsection B of this section. The hearing shall not address the sufficiency of abatement or any other issues.

H. If the hearing officer determines the dog does constitute a chronic barking dog nuisance as defined in subsection B of this section, the hearing officer shall make a determination to the disposition of the offending dog and remand custody of the offending dog to the director of animal services for re-homing or humane destruction. The owners, possessors, or keepers of the dog shall be responsible for all cost associated with the impoundment and housing of the animal until the time the animal is remanded to the custody of the director.

I. This section shall not apply to agricultural activities, operations, or facilities, or appurtenances thereof that are exempt as set forth in California Civil Code section 3482.5.

J. This section shall not apply to agricultural processing activities, operations, facility, or appurtenances thereof that are exempt as set forth in California Civil Code section 3482.6.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

The owner of any animal which dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the director within seventy-two hours after the owner has knowledge of the animal's death.

(Ord. 2641 (part), 2001).

Except as provided herein, the placing or displaying on any public property in Calaveras County, of any dog, cat, puppy, kitten, or other animal for the purpose of offering to sell, give away, or otherwise dispose of said animal is prohibited. This section shall not apply to the display or offering of animals for adoption or sale from the animal shelter, when such display or offering is performed by animal services department personnel, or humane organizations acting under the auspices of the animal services department or in conjunction with said department.

(Ord. 2901 § 1, 2006).

(Ord. No. 3009, § 1, 5-22-2012)