Del Norte County Municipal Code § 8.02 Dogs And Other Pets 8.02.10 Application 8.02.20 Duty Of Care 8.02.30 Immediate…

• 8.02.120 Potentially Dangerous And Vicious Dogs Defined

The provisions of this chapter shall apply to any animal not regulated as livestock pursuant to Chapter 3 of Title 8, which is legally allowed as personal property, including, but not limited to, any dog, cat, guinea pig, hamster, potbellied pig, birds, lizard, snake, turtle, or tortoise.

1. It shall be the duty of every owner or custodian of any animal to exercise reasonable care and take all necessary steps and precautions to protect other people, property, or other animals from injuries or damage. If the owner or custodian of any animal is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with.

2. The owner or custodian of any animal shall provide it with necessary food, proper drink and proper shelter, necessary veterinary care and shall secure it in a humane manner as will effectively restrain it from roaming at large. The owner or custodian shall maintain any enclosures or surroundings where the animal’s safety, good health, and wellbeing are provided for.

If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe an animal poses an immediate threat to public safety the animal control officer or law enforcement officer may seize and impound the animal pending the determination through the applicable hearing procedure.

1. The owner of any dog over the age of six months, which is within the unincorporated area of the County, shall license such dog as provided in this section.

   1. Within thirty days of the acquisition of a dog, or within thirty days of the dog reaching six months of age, the owner shall license such dog.

   2. Annually thereafter the owner of any dog over the age of six months shall procure a license between December 1st and February 1st which shall be effective for the calendar year commencing January 1st following such December 1st.

   3. The amount of dog license fees, penalties for failing to procure a license when required, and provisions for reduced fees based on ability to pay, shall be prescribed by the Board of Supervisors by ordinance.

   4. The owner of a dog which has been duly licensed in another California county shall not be required to procure a license for such dog until after the expiration of the license issued by the other county.

2. No license shall be issued for any dog until a signed current rabies vaccination certificate issued by a licensed veterinarian is presented to Animal Control and the certificate adequately identifies the dog to the satisfaction of Animal Control.

1. Animal Control shall issue serially numbered metallic dog tags for each dog licensed.

2. Animal Control shall endorse the license number upon the application for a license.

3. Every licensed dog must wear the license tag upon its collar. In the event a license tag is lost from the body of the dog for which it was issued, the owner shall procure a duplicate license.

4. Animal Control shall keep a record which shall establish the identity of the person that owns or harbors each dog.

1. No unlicensed dog over the age of six months shall be sold or given away by any person, feed store, kennel, firm or association until the dog is properly licensed pursuant to this title.

2. It is unlawful for any person to sell or give away, or to offer to sell or give away, dogs or cats of any age in or near public places including, but not limited to, shopping centers, parks, business districts, or public streets or sidewalks.

1. Any person owning or controlling a kennel shall secure a kennel license as required by this section. The amount of the kennel license fee, and the penalty for failing to procure such license, shall be prescribed by the Board of Supervisors by resolution. A kennel license is in lieu of the individual licensing of dogs kept in the kennel. Dogs removed from the kennel for other than temporary purposes shall be licensed as provided in Section 8.02.20. Kennel licenses shall be procured annually between December 1st and February 1st for the calendar year commencing on January 1st following such December 1st. Newly operating kennels shall be licensed within thirty days of commencing operation.

2. For purposes of this section, a "kennel" means a place where more than five dogs are kept for breeding, training, sale or other commercial purposes.

3. The kennel must comply with all applicable zoning and land use ordinances.

1. It is unlawful for the owner or keeper of a dog to allow such dog to be unleashed or unattended in any public area not designated for unleashed dogs, or on any public road, or any private road to which the dog owner does not have a right of possession.

2. It is unlawful for the owner or keeper of a dog to allow such dog to trespass on private property.

3. Any dog found to be unleashed in violation of this section is subject to immediate seizure and impoundment.

4. A dog that has strayed from but then returned to the private property of his owner or keeper shall not be seized or impounded, but a citation may be issued. If the owner or keeper is not home the dog may be impounded a notice posted pursuant to Government Code Section 53074.

1. Every person who has been bitten by a dog, or who has care and custody of a minor who has been bitten by a dog, shall report the bite to Animal Control within 48 hours. All physicians treating dog bites shall report to Animal Control the fact of having treated a dog bite when ordered to do so by the County Health Officer.

2. It shall be the duty of Animal Control to thoroughly investigate the occurrence of the dog bite. The dog shall be impounded for a period of ten days for observation but at the discretion of the director, the dog may be quarantined and isolated upon the property of the owner, provided that the facilities thereupon are suitable for such purpose. It is unlawful for any person to release a dog so impounded or quarantined except upon the written release of the Director of Animal Control. It is unlawful for any person to kill, destroy or otherwise dispose of any dog under observation unless otherwise authorized under this chapter.

1. The required holding period for a stray or abandoned legally possessed animal other than livestock, which is impounded pursuant to this chapter shall be held six business days, not including the day of impoundment, except as a follows:

   1. If the shelter has made the animal available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment;

   2. If the shelter has fewer than three full time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their animals by appointment at a mutually agreed upon time when the shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.

2. Any animal impounded pursuant to this section shall be available for owner redemption during the first three days of impoundment, and open for adoption the remainder of the holding period. In order to redeem the animal, the owner shall pay to Animal Control all fees for the impoundment and board of the animal as set by the Board of Supervisors, as well as any required spay and neuter deposit, and the actual cost of any veterinary costs incurred by the county. At the end of the required holding period the animal may be euthanized. The refusal or failure of the owner of any such animal to pay the fee and charges after notice of charges shall be held to be an abandonment of the animal by the owner.

3. Any animal that is impounded pursuant to this section shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The shelter may enter into cooperative agreements with any animal rescue or adoption organization. In addition to any required spay or neuter deposit, Animal Control may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.

4. During the holding period required by this section and prior to the adoption or euthanasia of a dog or cat, the shelter shall scan the animal for a microchip that identifies the owner of that dog and shall make reasonable efforts to contact the owner and notify that owner that the dog or cat is impounded

and is available for redemption.

5. The owner of a nonspayed or unneutered dog that is impounded shall be fined in accordance with Food and Agriculture Code §30804.7. These fines shall be in addition to the fees imposed by the Board of Supervisors.

Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption, and shall immediately be euthanized. Newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for redemption or adoption.

1. “Potentially dangerous dog” means any of the following:

   1. 1. Any dog which, when unprovoked, on two separate occasions within the prior 36-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 or keeper of the dog.

   2. Any dog which, when unprovoked, bites a person causing a less than severe injury, as defined in Food and Agriculture Code Section 31604.

   3. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

2. “Vicious dog” means either of the following:

   1. Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

   2. Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior described in paragraph A of this section, or is maintained in violation of Food and Agriculture Code Section 31641, 31642, or 31643.

3. If an animal control officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the officer may petition the superior court for a hearing for the purpose of determining whether the dog in question should be declared potentially dangerous or vicious, pursuant to the judicial process set forth in Chapter 9 of Division 14 of the Food and Agriculture Code commencing at section 31601, and all definitions, procedures, powers, penalties and rights set forth in that chapter shall apply.

4. As an alternative to the judicial process described in Food and Agriculture Code §31621, animal control may utilize the county’s administrative hearing process where that process would provide an equally expedient hearing.