Chapter 6.28 — MISCELLANEOUS PROVISIONS

When any animal owned by or in the custody or control of any person dies within the County, the person shall, within 24 hours, provide for the burial, incineration or other disposition of the body of the dead animal in a safe and sanitary manner.

(Code 1997, § 6.28.010; Ord. No. 3446, § 9(part), 1984)

A.

The Animal Control Officer shall not be required to remove and dispose of bodies of dead animals, wild or domestic, on State highways or on State property or Federal properties within the County.

B.

Removal of dead animals on City or County property may be effected by the Animal Control Officer under an agreement executed between the Department of Agriculture and the City and County departments. The agreement shall be approved by the Board of Supervisors.

(Code 1997, § 6.28.020; Ord. No. 3446, § 9(part), 1984)

A fee shall be charged for the removal of the bodies of small animals when the request for removal is made by the animals' owner or agent thereof. The fee shall be established by resolution of the Board of Supervisors. Removal from veterinary offices shall be performed pursuant to a contract between the Division of Animal Control and such offices.

(Code 1997, § 6.28.030; Ord. No. 3692, § 25, 1987)

A.

Applicability. The provisions of this section shall govern all aspects of the possession and keeping of wild animals within the County.

B.

Definition. As used in this chapter, and in conformity with Fish and Game Code § 2116, the term "wild animal" means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish) or class Gastrophoda (slugs, snails) which is not normally domesticated in the State.

C.

Permit required. No person shall possess any animal, if such animal is a member of any class, family and species as set forth in Fish and Game Code § 2118(a) to (h), within the County without first applying to and receiving from the Director of Animal Control a permit to do so. Such permit shall not in any way act in lieu of the required State permit for possession of such animal, nor shall the State permit act in lieu of the permit required herein by the County. County permits shall not be issued for any animal for which a State permit may not be issued.

D.

Application and fee. The application for a permit shall contain the name of the applicant, his or her address, the address of the proposed location of the animal, if different from the applicant's, and a brief description of the applicant's plan for keeping the animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities for the animal.

The initial fee for the issuance of each permit shall be set by resolution of the Board. The permit shall be valid for a period of one year from the date of its issuance unless revoked or suspended. The fee may cover more than one animal and the maximum number of animals to be kept shall be specified in the permit. Whenever a new animal is added, so as to exceed the maximum number permitted, a new permit must be secured and a new fee must be paid subject to the exceptions in Subsection D.2 of this section. The fee shall be due and payable at the time of issuance of the permit and shall be a prerequisite of such issuance. Permits shall be renewed each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the date of the issuance of the earliest initial permit. Renewal fees for wild animal permits shall be established by resolution of the Board of Supervisors.

Whenever, in any given permit year, there are new animals in a collection due to the reproduction of members of the collection or due to trade, exchange or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new animals do not require an additional permit during that year, provided the Director of Animal Control is notified in writing of the new animals within 30 days of acquisition.

Approval of application. Upon receipt of an application for an initial permit by the Director of Animal Control, the application shall be forwarded to the Building, Planning and Environmental Health Departments of the County and designated employees of these departments shall ascertain whether or not the applicant's plan is in conformity with County law governing their respective department.

a.

If the applicant's plan is in conformity with the law governing the departments, departmental approval shall be indicated on the face of the application. If the applicant's plan is not in conformity with the law governing the departments, the face of the application shall be marked "NOT APPROVED" and the reason for nonapproval noted thereon, along with any revisions or changes in the applicant's plan which if made would result in approval by the department in question.

b.

Upon approval by the department of an application for an initial permit or upon the receipt of an application for a renewal permit, the Director of Animal Control shall make any investigation he or she deems proper. He or she shall approve an application finding all of the following:

i.

The keeping of the wild animal at the location specified in the application will not violate any law or ordinance of the County or any law of the State;

ii.

The keeping and maintenance of the wild animal will not endanger the peace, health or safety of persons in the immediate vicinity, or in the County as a whole;

iii.

The premises and housing for keeping the wild animal are in a clean and sanitary condition, and any wild animal will not be subject to suffering, cruelty or abuse;

iv.

The applicant has not had a permit provided for herein revoked within a year prior to the date of application; and

v.

The keeping and maintenance of the wild animal does not constitute a public nuisance.

Revocation and suspension. Any permit issued pursuant to this section may be revoked or suspended as herein provided if, after investigation, the Director of Animal Control finds any of the following to be true:

a.

The owner, his or her agent or employee has been convicted of any offense involving the violation of Penal Code § 597, or any provision of this title, or is in violation of the zoning, health and safety or building ordinances relating to the keeping of wild animals;

b.

The owner has failed to meet any of the requirements set forth in Subsection D.3.b.i to v of this section;

c.

The owner has at the place for which the permit is issued, failed to provide any wild animal with proper food, water, shelter or attention; or

d.

The owner has violated any rules, regulations or conditions adopted by the Director of Animal Control as necessary to ensure that the wild animal will not endanger the safety of any person or property.

E.

Appeal. Appeal from such permit revocation may be made in the manner prescribed in Section 6.24.070.

(Code 1997, § 6.28.050; Ord. No. 3446, § 9(part), 1984)

A.

In the South Lake Tahoe watershed within the County, as delineated on the official maps of the Tahoe Regional Planning Agency, no person shall knowingly and willfully feed or in any manner provide access to food to any wild animal, as defined in Section 6.28.050, of the class Mammalia (mammals).

B.

In all portions of the County not specified in Subsection A of this section, no person shall knowingly and willfully feed or in any manner provide access to food to any coyote, mountain lion, deer, or bear.

C.

Violations of this section shall be deemed an infraction. In addition, violations of this section are hereby declared to constitute a public nuisance which threatens the public health and safety and which shall be subject to abatement through applicable administrative and judicial proceedings.

D.

This section shall not apply to any person who has legal possession of any such animal and who has a permit from the State Department of Fish and Game and the Director of Animal Control to keep such animal.

(Code 1997, § 6.28.055; Ord. No. 4437, 1997; Ord. No. 5207, § 1, 9-24-2024)

When the Director of Health Services has determined that an infectious disease exists among animals in any area and importation of animals from such an area might spread disease within the County, he or she may refuse to permit shipments of animals from such areas to the County unless accompanied by a health certificate signed by a duly approved veterinarian certifying that the animals for which the certificate is issued are not infected with and have not been exposed to an infectious disease. Any animal entering the County from any area so described and designated without such a certificate may be quarantined, confiscated or disposed of by the decision of Animal Control in such a manner as to eliminate any danger to persons or animals within the County from being exposed to infection from the disease.

(Code 1997, § 6.28.060; Ord. No. 3446, § 9(part), 1984)