Del Norte County Municipal Code § 8.01

This title shall be known and cited as the Del Norte County Animal Control Ordinance.

Pursuant to the authority granted by Article XI, Section 7 of the California Constitution, and Government Code Section 25800 et seq., the Board of Supervisors does enact this Chapter.

It is the intent of this chapter to provide necessary regulation for the protection and preservation of livestock and other animals, and for the public health and safety.

This title is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to any activity which is regulated by federal or state law to the extent that application of this title would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the Board of Supervisors that this title shall be interpreted to be compatible with federal and state enactments, and in furtherance of the public purposes which those enactments express.

1. The Agricultural Commissioner shall be the ex officio Director of Animal Control, which shall be a division of the Del Norte County Agricultural Department. The Division of Animal Control shall be responsible for:

   1. Regulating, controlling and protecting animals and enforcing laws pertaining thereto within the unincorporated area of the county, and in any other jurisdictions which have authorized the Division to act under a Joint Powers Agreement with the county, pursuant to Government Code §6500 et seq. for the provision of animal control services;

   2. Maintaining the county animal shelter;

   3. The care of animals impounded by any officer or employee of the county or of any other public entity designated by the board of supervisors;

   4. The issuance of all licenses under this title, and shall assist the local health officer in performing rabies control activities within the county in accordance with Chapter 1 (commencing with Section 121575) of Part 6 of Division 105 of the Health and Safety Code and any regulations promulgated pursuant thereto, to the extent applicable within Del Norte County.

2. Whenever this Chapter grants a power to or imposes a duty upon the Director of Animal Control, such power may be exercised or such duty performed by either the Director or such of the Director's representative(s) as the director may designate. Whenever “Animal Control” is referred to in this Title, it refers to the Director of Animal Control or his or her representatives.

Any person who prevents, resists, threatens, or obstructs an attempt by the Director, animal control officer, humane officer, or peace officer to perform his or her lawful duties pursuant to this chapter or any person who conceals or secrets any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of either an infraction or misdemeanor.

Neither the Director nor any animal regulation officer shall be deemed to be a peace officer, but pursuant to Penal Code Section 830.9 they may exercise the powers of arrest of a peace officer as specified in Penal Code Section 836 and the power to serve warrants as specified in Penal Code Sections 1523 and 1530 during the course and within the scope of their employment if those officers have successfully completed a course in the exercise of those powers pursuant to Section 832.

Whenever an animal is being abused, neglected or otherwise cruelly treated, Animal Control may impound the animal pursuant to the procedure found in Penal Code Section 597.1.

Any violation of this title is an infraction unless otherwise specified, subject to administrative citation pursuant to Chapter 60 of Title 1 of this Code. Alternatively, the Director of Animal Control may use administrative procedures in Chapter 8 of Title 7 of this Code to abate any animal related public nuisance.

Animal control officers shall have the right to enter upon and inspect any premises where an animal is kept or harbored when such entry is necessary to enforce the provisions of this title or state laws relating to the care, control and treatment of animals, or to save an animal, or to protect the public health, safety and welfare. All entries and inspections shall be carried out in accordance with applicable laws, including, but not limited to, the laws pertaining to search warrants and inspections warrants.

The County, the Division of Animal Control, and its officers and employees shall not be held responsible or liable for any accidents, diseases, injuries, or deaths to any livestock while being impound or boarded at the animal control facility or any facility designated by the animal control unit to house such animal.