Chapter 6.12 — GENERAL ANIMAL REGULATIONS

It is unlawful for any person to commit any of the following acts, to wit:

A.

To attach to, or keep upon, or cause or permit to be attached to or kept upon, any dog any license tag provided by this chapter, except for a tag issued for such dog under the provisions of this title; or to attach to or keep upon, or cause or permit to be attached to or kept upon any dog, or to make or to cause to be made, or to have in possession, any counterfeit or imitation of any tag provided for by this title.

B.

To interfere with, oppose or resist any Animal Control Officer while he or she is engaged in the performance of any act authorized by this title.

C.

To abandon any animal in the County. Failure or refusal of the owner of any animal to pay fees and charges made pursuant to this title shall constitute abandonment of the animal by the owner. The term "abandon" shall also mean dumping an animal within the County boundaries.

D.

To allow any animal to go without adequate food, water, shelter or proper care.

(Code 1997, § 6.12.010; Ord. No. 3446, § 4(part), 1984; Ord. No. 4602, 6-25-2002; Ord. No. 5036, § 1, 4-5-2016)

The surrender of an animal by owner to the Animal Control Officer subsequent to impoundment for a violation of this title or any provision of State law shall not relieve the owner of the obligation to pay such charges as set forth in this title.

(Code 1997, § 6.12.011; Ord. No. 3692, § 5, 1987)

Upon the sale or gift of any dog, the person making such sale or gift shall notify the Animal Control Officer of the County of the person purchasing or receiving any dog within 15 days of the gift or sale.

(Code 1997, § 6.12.012; Ord. No. 3692, § 6, 1987)

A.

Animals in vehicles. No person shall leave any animal in an unattended vehicle without adequate ventilation or in such a manner to subject the animal to extreme temperatures which adversely affect the animal's health and welfare.

B.

Dogs in parked vehicles.

All dogs in parked vehicles shall be confined in such a manner to prevent them from reaching the outside edge of the vehicle with any portion of their body.

No person shall leave any dog unattended in any vehicle without confining the dog in such a manner to prevent it from reaching the sides of the vehicle. The Animal Control Officer shall be empowered to remove an animal from a vehicle under emergency circumstances when the animal is endangering the safety of the public.

(Code 1997, § 6.12.013; Ord. No. 3692, § 7, 1987)

A.

Any enforcement agency that responds to an animal-caused vehicular accident or damaging of fences shall report such incident to County Animal Control, in the event that the owner, lessee or other person entitled to control of the animal cannot be immediately located. If such person cannot be located in a reasonable length of time by the Animal Control Officer, and the

fence containing the animal is intact apart from a damaged area, the officer may at his or her discretion temporarily repair the fence and confine the animal.

B.

In the event repair is made to a fence by an Animal Control Officer, he or she shall obtain the names and addresses of all persons responsible for the negligent repair and upkeep of the fence and the cost of confinement shall be charged to them. In the event that the fence was damaged due to fault of a driver of a vehicle, the cost of confinement shall be charged to this individual.

(Code 1997, § 6.12.020; Ord. No. 3446, § 4(part), 1984)

State Law reference— Lawful fencing for livestock animals, Food and Agricultural Code § 17121.

Any owner, lessee or person entitled to possession or control of a large animal who fails to keep his or her fences in good repair, which failure results in Animal Control Officers being called out to confine loose large animals, shall be charged at rates as established by the Board of Supervisors pursuant to resolution for all occurrences after the first occurrence.

(Code 1997, § 6.12.030; Ord. No. 3446, § 4(part), 1984)

No person owning or having charge of any animal that is infected with any disease transmissible to man and which is also a public health hazard shall permit such animal to be or remain within the County other than at an approved veterinary hospital.

(Code 1997, § 6.12.040; Ord. No. 3446, § 4(part), 1984)

A.

Any animal which bites a person except animals used by law enforcement agencies of the Federal, State and local government in the scope of their duties shall be placed in quarantine. Quarantine may, at the discretion of the Animal Control Officer, consist of confinement at the animal control facility, at a licensed veterinary hospital, or at home kept on the premises of the owner or caretaker. Home quarantine may consist of placing the animal in a secure, locked building, chaining the animal within a fenced enclosure, placing the animal in a kennel and cattery or placing the animal within a double-wire enclosure.

B.

In addition to animals who have bitten persons, the Animal Control Officer shall also quarantine known rabid animals, suspected rabid animals, and animals that have been or could have otherwise exposed humans to rabies. Animals used by law enforcement agencies of the Federal, State and local government who have bitten in the scope of their duties shall not be subject to quarantine unless the animal is suspected of being rabid.

C.

The Animal Control Officer may enter upon private premises in the company of a peace officer if needed to effectuate enforcement of quarantine.

D.

Any animal that is not currently vaccinated with an approved anti-rabies vaccine that has come in contact with a known rabid animal shall be isolated in a double enclosure for a period of not less than 180 days.

E.

Any animal currently vaccinated with an approved anti-rabies vaccine that has come in contract with a known rabid animal shall be placed in strict isolation for a period of 30 days.

F.

Any suspected rabid animal that cannot be located to be tested shall be considered as rabid.

G.

It is unlawful for the owner of any animal to violate any of the conditions of isolation or quarantine prescribed by the Animal Control Officer.

H.

Upon the death of any rabid animal, or any animal suspected of being rabid by the Animal Control Officer or the Director of Health Services, the Animal Control Officer shall obtain and turn over to the Health Officer or his or her designated deputy an adequate specimen thereof.

(Code 1997, § 6.12.045; Ord. No. 3692, § 8, 1987)

A.

Food and Agriculture Code §§ 31601 to 31683 shall be operative in the County for the control of potentially dangerous and vicious dogs except as modified in this section.

B.

Potentially dangerous dog defined. A potentially dangerous dog is any dog which qualifies as a potentially dangerous dog in accordance with Food and Agricultural Code § 31601. Additionally, any dog which while off it's owners or custodians' property and not controlled by leash or lead in the hands of an adult capable to restrain the animal attacks and inflicts injury to any domestic animal while such animal is on it's owners property, custodians property, or controlled by leash or lead in the hands of an adult capable to restrain the animal in compliance with Section 6.12.070.

C.

Vicious dog defined. A vicious dog is any dog which qualifies as a vicious dog in accordance with Food and Agricultural Code § 31602. Additionally, any dog which while off its owner's or custodian's property and not controlled by leash or lead in the hands of an adult capable of restraining the animal attacks any domestic animal and causes injuries which result in the recommendation of a veterinarian that the animal be euthanized, or any injury that results in the death of any domestic animal while such animal is on its owner's property, custodian's property, or controlled by leash or lead in the hands of an adult capable to restrain the animal in compliance with Section 6.12.070.

D.

Animal Control may request a dog be humanely euthanized after it is determined to be vicious. Such request will be made at the time of the hearing. A hearing officer or judge may order a dog be humanely euthanized upon making a determination that the dog is vicious.

E.

Conditions for keeping potentially dangerous or vicious dogs. In addition to any conditions ordered by the court, any person who has possession of a dog that has been declared potentially dangerous or vicious at a hearing shall comply with the following conditions.

All dogs determined after a hearing to be potentially dangerous or vicious dogs shall be properly licensed, micro chipped, and vaccinated at the owner's expense, prior to the release to the dog's owner or custodian or within 15 days if the dog is not in the custody of Animal Control. The licensing authority shall include the potentially dangerous designation in the registration records of the dog.

A potentially dangerous dog or vicious dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced area from which the dog cannot escape, and into which children cannot trespass. The area must be kept locked at all times with a substantial lock. The fencing and other components of the confinement shall be maintained in good order to prevent escape and to prevent children from trespassing.

A potentially dangerous dog or vicious dog may be off the owner's premises only if it is restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog.

The yard or enclosure must be inspected and approved in writing by Animal Control prior to release of the dog to its owner or custodian if the dog is in the custody of Animal Control.

F.

At no time may a potentially dangerous or vicious dog be left unattended while off the owner's premises except as set forth herein. A potentially dangerous or vicious dog may be boarded at a veterinarian hospital or at a licensed boarding kennel and cattery if the owner has informed such facility that the dog has been designated as a potentially dangerous or vicious dog and the facility is able to properly confine the dog.

G.

Owners or custodians of potentially dangerous or vicious dogs are subject to the following legal duties:

The owner or custodian of the dog shall notify Animal Control immediately if the dog is at large or has bitten or attacked any person or animal.

The dog must be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian or within 30 days of the hearing order if the dog is not in the custody of Animal Control.

A potentially dangerous or vicious dog shall be required to wear at all times a bright fluorescent collar visible at 50 feet in normal daylight, which will be provided by Animal Control at the owner's expense. The collar shall be maintained in such a manner that the color is visible and shall be worn in such a manner that it is clearly visible.

The owner or custodian of a potentially dangerous or vicious dog, which has been involved in injury to a human, shall be required to maintain general liability insurance or post bond covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $100,000.00 per occurrence, and will be required to show proof of such insurance 30 days after the court has made its determination.

The owner or custodian of a potentially dangerous or vicious dog must give written notice of the potentially dangerous or vicious dog determination to all of the following entities that apply: local law enforcement agency, Fire Department, United States Post Office (local branch), all utility companies which provide services to the premises where the dog is kept, veterinarian, grooming facility, homeowner's or renter's insurance carrier and landlord. The notice shall include all of the following: owner's name, address, telephone number, the actions of the dog that resulted in the declaration, the designation (potentially dangerous or vicious), description of dog, breed, color, markings, name, location on property that dog is kept. The owner or custodian shall provide a copy of such notice to Animal Control within 30 days after the court determination that the dog is a potentially dangerous or vicious dog.

The owner or custodian of a dog declared to be a potentially dangerous or a vicious dog after a hearing shall post one or more signs on the premises at a location or locations that would be visible to anyone entering the property at normal access points stating, "A dog which has been determined to be dangerous or vicious lives on this property." The signs shall be in both English and Spanish.

H.

When any dog is in the custody of Animal Control for the purpose of a hearing to determine if it is potentially dangerous, all applicable charges for services performed by Animal Control pursuant to this section and all fines shall be paid prior to the release of the dog to its owner or custodian. If said charges are not paid or the dog is not claimed within 14 days after the dog is available to be released to its owner, the date the services are performed, or the order is issued, the dog shall be deemed to be abandoned by the owner, and thereafter subject to disposal by the County. Any dog so abandoned is not adoptable and shall be humanely euthanized by Animal Control.

I.

Any dog that has been designated as a potentially dangerous or vicious dog in any other jurisdiction and has been moved to the County shall be subject to all of the provisions of the prior order and shall be maintained in compliance with all the provisions of this chapter.

J.

Any dog determined to be potentially dangerous or vicious in the County will retain that designation for the remainder of its life. An owner may petition the court having jurisdiction over the matter after the initial 36-month period to submit evidence to support a change or modification of the condition.

K.

An additional fee for initial registration shall be charged. The annual dog license fee for a potentially dangerous or vicious dog shall be greater than a non-potentially dangerous or vicious dog license. The additional fee shall be used to defray the cost of recordkeeping, inspections and administration of potentially dangerous and vicious dog program. The amount of the initial registration fee and dog license fee shall be set by resolution of the Board of Supervisors.

L.

The failure of an owner or custodian of a dog, declared to be potentially dangerous or vicious at a hearing pursuant to the Food and Agricultural Code and/or this chapter, to comply with any of the conditions of any court order, this section, or conditions imposed by the court is guilty of a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

(Code 1997, § 6.12.050; Ord. No. 4608, 9-17-2002)

State Law reference— Potentially dangerous and vicious dogs, Food and Agricultural Code § 31601 et seq.

If upon receiving written notification the owner fails to restrain or control a potentially dangerous or vicious dog, as ordered by the Chief Animal Control Officer, the owner is guilty of a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment and the Chief is empowered to seize and impound the animal at the expense of the owner pending the outcome of a potentially dangerous or vicious hearing. The District Attorney has the discretionary authority to make violations of this chapter an infraction if the circumstances warrant such an action.

(Code 1997, § 6.12.051; Ord. No. 4608, 9-17-2002)

Whenever a dog suspected of being potentially dangerous or vicious is reported, the Animal Control staff shall investigate the circumstances and if they find that the animal shows a propensity to attack, bite, inflict injury to a human or domesticated animal, or harass people or other animals without provocation, the Chief Animal Control Officer ("Chief") shall notify the owner in writing, stating all the facts and circumstances. The Chief may order that the animal be kept within a substantial enclosure or securely fenced area from which the dog cannot escape, and into which children cannot trespass, securely leashed or otherwise controlled. If the owner of the dog cannot provide restraint as so directed by the Chief within 48 hours, the animal shall be temporarily impounded at the expense of the owner pending the outcome of a potentially dangerous or vicious hearing.

(Code 1997, § 6.12.052; Ord. No. 4608, 9-17-2002)

It is unlawful and a public nuisance for any animal to be allowed, permitted or caused to utter any frequent or continuous noise of an irritating or raucous nature which disturbs the peace and quiet of any person. If such nuisance is continuous and no person having custody or control of the animal can be located, the Animal Control Officer may attempt to abate the nuisance, as long as he or she is not required to enter into an enclosed building or residence. If the nuisance cannot be abated by any other means, the animal may be impounded. A notice of impoundment shall be affixed to the premises from which the animal was removed and also sent to the registered owner. The notice will state rights of the owner to reclaim the animal in accordance with the provisions of this title, including the payment of fees as established through resolution passed by the Board of Supervisors.

(Code 1997, § 6.12.060; Ord. No. 3446, § 4(part), 1984)

No person owning or having control of any animal, livestock or poultry shall permit such animal, livestock or poultry to stray or run at large upon any public street or other public place, or any unenclosed private lot or other unenclosed private place in the County with the exception of livestock on open range as defined in Chapter 6.36.

A.

Any animal other than working animals shall be confined by the owner or his or her agent on a leash of not more than ten feet in length during any time the animal is removed from an enclosed private lot or enclosed private place.

B.

Each female dog in heat (i.e., season) will be confined in an enclosed area in such a manner that the female dog cannot come in contact with another animal except for a planned breeding.

C.

No person shall bring or allow any animal into a county owned or leased public building or within 50 feet of the entrances thereto, excepting County Animal Control facilities, with the exception of seeing-eye dogs in the company of blind persons. This section shall also not apply to any animal used by law enforcement agencies of the County, State or Federal government while in the performance of their official duties, to include police dogs.

D.

At large. Any person may take up and deliver to the Animal Control Officer any animal at large on public property or upon the person's private property. The Animal Control Officer shall hold and dispose of the animal in the same manner as though the animal had been found at large and impounded by the Animal Control Officer.

E.

An owner or keeper of a dog who willfully suffers it to go at large, or keeps it without ordinary care, and the animal while at large off the owner's or keeper's property bites a person, engages in behavior that requires a person to take defensive action to prevent physical injury, or which inflicts injury, kills, or otherwise causes injury to any domestic animal, is guilty of a misdemeanor. Upon conviction the owner or keeper must keep the dog involved in the incident which resulted in the conviction in compliance with the requirements of Section 6.12.050. Upon conviction of a violation of this section, the court may order any other conditions to protect public safety including destruction of the dog. Upon conviction of a violation of this section, the court shall order restitution to the investigating agency for the cost of investigation, impound and holding of the dog and to the victim for the treatment of injuries or other damages.

(Code 1997, § 6.12.070; Ord. 3446, § 4(part), 1984; Ord. No. 3692, § 10, 1987; Ord. No. 4608, 9-17-2002)