Corcoran Municipal Code Art. C Rabies Control

A. Primary Immunization: Every person owning, harboring, or keeping any dog shall, within thirty (30) days after such dog attains the age of four (4) months, cause it to be vaccinated against rabies by or under the supervision of a veterinarian licensed by the state of California. This immunization shall be known as the "primary immunization".

B. Revaccination Intervals: Dogs shall be revaccinated one year after the primary immunization. Thereafter, such dogs shall then be revaccinated at least every three (3) years.

C. Approval Of Vaccine: All rabies vaccines shall be approved by the California department of public health.

D. Confinement And Restraint: Pursuant to Health and Safety Code section 121690(c), all dogs under four (4) months of age must be confined to the premises of, or kept under physical restraint of, their owner or keeper. Such confinement and restraint shall not prevent the sale or transportation of a puppy four (4) months old or younger. (Ord. 610, 7-20-2009)

A. Notwithstanding any other provision within this chapter, a dog license shall be deemed expired during all periods wherein the dog's rabies vaccination is invalid.

B. A dog license issued for a period extending beyond the remaining period of validity of the dog's current rabies vaccination shall be void for the period extending beyond the remaining period of validity. (Ord. 610, 7-20-2009)

Pursuant to Health and Safety Code section 121690(d), any dog in violation of chapter 1 of part 6 of division 105 of the Health and Safety Code shall be impounded. (Ord. 610, 7-20-2009)

The animal control officer may provide facilities for the rabies vaccination of dogs or may arrange for such vaccination at low cost public clinics. Blank forms shall be provided for the vaccination certificates required by this chapter. Failure to display a valid rabies vaccination certificate upon reasonable demand by the animal control officer is prima facie evidence of nonvaccination. The vaccination required herein may be obtained either at such facilities or clinics or from a licensed veterinarian of the owner's choice. (Ord. 610, 7-20-2009)

A. The animal control officer shall either take up and place in isolation any dog or cat, licensed or not, which in the opinion of a licensed veterinarian or the county health officer, displays symptoms suggestive of rabies, or such animal shall be euthanized immediately and tested for rabies in a laboratory approved by either the California department of public health or the Kings County department of public health. Such isolation shall be at an animal pound unless the owner of such dog or cat, with the approval of the animal control officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic.

B. Any dog or cat placed in such isolation shall be kept strictly confined and under such observation as may be required by the animal control officer. Such isolation shall continue for at least ten (10) days from the date the symptoms suggestive of rabies were first observed. Such isolation may be continued for a period longer than ten (10) days if, in the opinion of any licensed veterinarian or the county health officer, such longer period is necessary.

C. At the expiration of such confinement, any dog or cat confined at an animal pound shall be released upon payment of the fees set forth in section 5-4C-11 of this article if, in the opinion of any licensed veterinarian or the county health officer, such dog or cat does not have rabies. (Ord. 610, 7-20-2009)

It shall be the duty of every licensed veterinarian to immediately report to the animal control officer and the county health officer any animal observed by him/her which is diagnosed by him/her as having rabies or is suspected of having rabies. (Ord. 610, 7-20-2009)

A. It shall be the duty of every physician, or other person, to immediately report to the animal control officer and the county health officer the name and address of any person treated for a bite inflicted by any animal, and report the biting of any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal, together with such other information as will be helpful in rabies control. The county health officer may follow the "Guidelines For Investigation Of Animal Bites" established by the California department of public health.

B. For those periods wherein Kings County is designated a rabies area under Health and Safety Code section 121585, the animal control officer shall be authorized to submit an annual report of local rabies control activity to the county health officer on a standard form provided by the county health officer.

C. For those periods wherein Kings County is designated a rabies area under Health and Safety Code section 121585, the animal control officer shall be authorized to submit a statement, on a standard form provided by the county health officer, indicating that the city is in compliance with the requirements of the California rabies control program. (Ord. 610, 7-20-2009)

A. Except as otherwise provided herein, the animal control officer shall either take up, impound, and isolate for at least ten (10) days following the date of the alleged bite, any animal of a type subject to rabies that is reported to have bitten any person, whether or not such animal has been vaccinated with a rabies vaccine and whether or not such animal displays any symptoms suggestive of rabies; or during those periods wherein Kings County is designated a rabies area under Health and Safety Code section 121585, such animal may be euthanized immediately and tested for rabies in a laboratory approved by either the California department of public health or the Kings County department of public health. If impounded, such animal must be isolated in the manner provided in this section for the isolation of dogs or cats suspected of having rabies.

B. Any person who is eighteen (18) years of age or older may, however, make written request to the animal control officer for the isolation of such biting animal either in facilities provided by a licensed veterinarian or in a licensed boarding kennel or upon the private premises of the person making such request. If such request is approved by the animal control officer, such biting animal shall not be taken up and impounded but at the option of the animal control officer shall instead be kept strictly confined and isolated in such veterinarian's facilities or on such private premises for the isolation period. The animal control officer shall post such private premises, in a conspicuous place thereon, with notice that an animal is being confined thereon to be observed for rabies.

C. Upon termination of the isolation period, animals isolated in an animal pound or private premises shall be released upon payment of the fees set forth in section 5-4C-11 of this article if, in the opinion of any licensed veterinarian or the county health officer, the animal does not have rabies. (Ord. 610, 7-20-2009)

Every person who, after requesting and obtaining approval for the keeping of a biting animal confined and isolated upon his/her private premises, as provided in this section, fails for any reason whatsoever to keep such animal continuously confined and isolated upon his/her premises, either indoors or inside some enclosure, for a period of ten (10) days after the day such written request is presented to the animal control officer, is guilty of an infraction. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required herein shall be taken up forthwith by the animal control officer and isolated as provided in section 5-4C-8 of this article. (Ord. 610, 7-20-2009)

Any animal isolated at the animal pound as provided in section 5-4C-8 or 5-4C-9 of this article or section 5-4D-8 of this chapter and found not to have rabies may be redeemed by the owner by paying to the animal control officer all applicable fees and by obtaining any necessary license. Any animal which is not so redeemed within seventy two (72) hours after the expiration of the isolation period shall be deemed to have been abandoned and may be disposed of as provided in section 5-4C-9 of this article. (Ord. 610, 7-20-2009)

A. Investigation And Declaration: The animal control officer shall conduct an investigation to determine whether or not a dog or other animal confined or impounded pursuant to section 5-4C-9 of this article is a dangerous or potentially dangerous animal. Within seven (7) days of the date of impounding the dog or other animal pursuant to section 5-4C-9 of this article the animal control officer shall serve upon the owner or custodian of the dog or other animal by regular and certified mail a notice of investigation to determine if the animal is dangerous or potentially dangerous. This notice shall describe the purpose of the investigation, how the investigation will be conducted, the factors the animal control officer will consider in making a finding and a deadline for completing the investigation. The investigation may include interviewing the owner(s) of the dog or other animal, witnesses, reviewing records of citations and reports of previous incidents involving the dog or other animal and evaluating the temperament of the dog or other animal through behavioral testing. In making a finding regarding whether the dog or other animal is dangerous or potentially dangerous, the animal control officer shall consider the factors set forth in subsection C of this section. If after completing the investigation the animal control officer finds that the dog or other animal is dangerous or potentially dangerous, the animal control officer shall serve by regular mail and certified mail a notice of declaration as described in subsection B of this section. If after completing the investigation the animal control officer determines that the dog or other animal is not dangerous or potentially dangerous, the animal control officer shall inform the owner of the dog or other animal of this finding and release the dog or other animal to the owner. The investigation shall be completed and any declaration served within twenty one (21) calendar days of the date the dog or other animal was impounded pursuant to section 5-4C-9 of this article.

B. Dangerous Or Potentially Dangerous Animal; Notice Of Declaration: The notice of declaration finding that a dog or other animal is dangerous or potentially dangerous shall contain:

1. A physical description of the animal, including the breed, if known, and the animal's license number, if any;

2. A statement informing the owner of the animal that the animal control officer has declared the animal a "dangerous animal" or a "potentially dangerous animal", including a brief and concise description of the facts that form the basis for the declaration of the animal as a dangerous animal or a potentially dangerous animal;

3. A statement informing the owner of the animal of the possible consequences should a declaration of dangerous animal or potentially dangerous animal become final;

4. A statement informing that the owner or custodian of the animal may appeal the declaration, provided that the appeal is made in writing as provided in subsection F of this section;

5. A statement that the appeal request must be in writing and filed with the city clerk's office within five (5) calendar days of service of the notice of declaration;

6. If the animal is declared dangerous, an order that the animal be humanely destroyed as provided for in subsection D of this section;

7. If the animal is declared potentially dangerous, an order setting forth any or all of the conditions set forth in subsection E of this section;

8. A statement that failure to appeal the notice of declaration will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter, and if after ten (10) days from the date of the issuance of the notice of declaration, the owner or custodian has failed to inform the animal control officer of an intent to comply with the conditions set forth in the notice of declaration, the animal will be deemed abandoned and may be humanely destroyed or otherwise disposed of;

9. A statement that failure to comply with all of the conditions set forth in the notice of declaration will result in the animal control officer proceeding with impounding and destroying or otherwise disposing of the animal.

C. Determination Of Dangerous Or Potentially Dangerous Animal; Evidence: In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:

1. Any previous history of the dog or other animal attacking, biting or causing injury to a human or other animal;

• 2. The nature and extent of injuries inflicted and the number of victims involved;
• 3. The place where the bite, attack or injury occurred;
• 4. The presence or absence of any provocation for the bite, attack or injury;
• 5. The extent to which property has been damaged or destroyed;

6. Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

8. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;

9. The manner in which the dog or other animal had been maintained by its owner or custodian;

10. Any other relevant evidence concerning the maintenance of the dog or other animal; and

11. Any other relevant evidence regarding the ability of the owner or custodian, or the animal control officer, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.

D. Disposition Of Dangerous Animal:

1. It shall be unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the hearing officer, after a hearing, to be dangerous.

2. Any dog or other animal declared to be dangerous, if not already impounded by the animal control officer, shall be immediately surrendered to the animal control officer, and it is the duty of the animal control officer to take and impound any such dog or other animal.

3. Any dog or other animal declared to be a dangerous animal shall be humanely destroyed.

E. Dog Or Other Animal Found Potentially Dangerous; Procedure: If the notice of declaration states that the dog or other animal is potentially dangerous, in the notice of declaration the animal control officer may set forth any or all of the following as conditions to owning, possessing, controlling or being in charge of the animal declared to be potentially dangerous:

1. The animal shall be confined on the owner's premises in an enclosure approved by the animal control officer;

2. The animal shall be kept securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal when the animal is off the owner's property;

3. The owner shall submit evidence to the animal control officer within seventy two (72) hours that the animal has been photographed and microchipped by the owner for purposes of identification;

4. The animal shall be altered to prevent reproduction;

5. The owner of the animal shall notify in writing any public or corporate entity, including, but not limited to, the city of Corcoran, county of Kings, the postmaster, utility companies, or any other organization that sends out employees to the residence, that a potentially dangerous animal resides at that property. The animal control officer may also set a time period by which such notices must be given, and when copies of such notices must be provided to the animal control officer;

6. The owner shall post signs on the premises where the animal is being kept that are clearly visible from points of entry to the property which state that an animal which has been declared to be potentially dangerous is on the property. The language of such signs shall be determined by the animal control officer and may be required to be in a language other than English. The animal control officer may require that such signs are posted before an impounded animal is returned to its owner or within ten (10) days from the date the animal was declared to be a potentially dangerous animal;

7. An animal which has been declared potentially dangerous may not be transferred to reside either temporarily or permanently at another location within the city of Corcoran without prior written authorization of the animal control officer. Said authorization shall not be issued unless every term set forth in the notice of declaration can be met at the proposed new location;

8. The owner shall allow inspections of the animal and its enclosure by the animal control officer or any law enforcement agency and produce upon demand proof of compliance with all conditions set forth in the final notice of declaration;

9. In the event of the animal's death, the owner shall notify the animal control officer within forty eight (48) hours and, upon request, produce evidence of the animal's death;

10. In the event that the animal escapes, the owner shall immediately notify the animal control officer. In addition, the owner and animal control officer shall make every reasonable effort to recapture the animal;

11. The animal shall be permanently removed from the city of Corcoran and the owner shall provide proof of said removal to the satisfaction of the animal control officer; and

12. The owner shall pay all impound and shelter fees incurred by the animal control officer to impound the animal during the investigation to determine whether the animal is dangerous or potentially dangerous.

If the owner fails to comply with all of the conditions ordered by the animal control officer or the hearing officer through the appeal process described in this section, the animal control officer shall proceed to impound and destroy or otherwise dispose of the animal.

F. Appeal Of Notice Of Declaration:

1. The owner of the animal may appeal the notice of declaration by filing a written appeal with the city clerk within five (5) days from the date of service of such notice. The written appeal shall contain all of the following:

a. A brief statement setting forth the legal interest of each of the appellants regarding the animal involved in the notice of declaration;

b. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested notice of declaration should be reversed, modified, or otherwise set aside;

c. The signatures of all parties named as appellants and their official mailing addresses, with statement from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the city hearing officer at such address; and

d. The declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.

If the owner fails to file an appeal of the notice of declaration within five (5) days of service of the notice of declaration, the notice of declaration shall become final and fully enforceable.

2. An owner appealing a notice of declaration finding an animal dangerous or potentially dangerous shall be required to pay the office of the city hearing officer, at the time the written notice of appeal is filed, an appeal fee set forth in the master user's fee resolution. Such fee shall be refunded to the appellant if the hearing officer determines that imposition of the fee is not warranted or is not in the interest of justice. No notice of appeal is valid unless accompanied by the appeal fee.

3. If an appeal is filed, the appeal hearing shall be noticed and conducted under this section and the city's administrative hearing procedures ordinance.

G. Limitation On Ownership: Any person whose dog or other animal has been declared dangerous or potentially dangerous shall not own, possess, control or be in charge of another animal of the species declared to be dangerous or potentially dangerous for a period of three (3) years from the date of the final notice of declaration of order after appeal. The controller shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person whose dog or other animal has been declared dangerous or potentially dangerous, the animal control officer may in his discretion authorize the issuance of a dog license.

H. Exceptions: No dog or other animal may be declared dangerous that inflicts injury or damage on a person committing a wilful trespass or other tort upon premises occupied by the owner of the dog or other animal, or teasing, tormenting, abusing or assaulting the dog or other animal, or committing or attempting to commit a crime.

No dog or other animal may be declared dangerous if it inflicts injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog or other animal.

No dog or other animal may be declared dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog or other animal from an unjustified attack or assault. (Ord. 610, 7-20-2009)