Humboldt County Municipal Code Ch. 1 Regulating and Licensing Dogs

Sections: Purposes. Definitions.

§ 541-11. § 541-12. § 541-13. § 541-14. § 541-15. § 541-16. § 541-21. § 541-22. § 541-23. § 541-24. § 541-25. § 541-26. § 541-31. § 541-32. § 541-33. § 541-34. § 541-35. § 541-36. § 541-37. § 541-38. § 541-41. § 541-42. § 541-43. § 541-51. § 541-61. § 541-62. § 541-63. § 541-64. § 541-65. § 541-66. § 541-71. § 541-72. § 541-81.

Appointment. Assistants. Qualifications. [Repealed by Ord. 2317, § 2, 5/25/2004] Duties. Confined to Owner’s Premises. Regulating Dogs at Arcata Airport. Pups to Be Restrained until after Vaccination. Prohibits Running Near Livestock and Poultry. Females Strictly Confined. Impoundment of Loose Dogs Near Children. Animal Control Officer Acquires Tags and Receipt. Dog Tags. Tag Not Transferable. Tag Attached to Permanent Collar. Kennel License. Hunting Pack License. Working or Stock Pack License. Fee Exempt Dog License. Authority to Kill Dog. Authority to Seize or Kill Dog. Application of Sections 541-41 and 541-42. Impounding Fees. Animal Control Center. Impound Record. Notice to Owner. Abandonment of Dog. Presumptive Notice of Impounded Dog. Disposal of Abandoned Dog. Livestock Indemnity Fund. Charges on Livestock Indemnity Fund. Penalties. Interference with Animal Control Officer, His/Her Assistants and Deputies.

541-1. Purposes. This chapter is adopted for the following purposes: (a) To prevent dogs running at large at any time. (b) To require the registration and licensing of dogs for identification purposes. (c) To provide for the establishment of an Animal Control Officer and such assistants as may be necessary to enforce this chapter. (d) To authorize the seizure, impounding or killing of dogs found running at large contrary to the provisions hereof. (e) To provide for an animal control center for dogs and the maintenance thereof. (f) To define violations hereof as infractions, except as otherwise specified. (g) To declare that the owner of any dog is responsible to confine his dog to his premises to prevent the dog from damaging the person or property of others. (h) Such other purposes as may be authorized by law. (Ord. 886, § 3, 10/24/1972) 541-2. Definitions. (a) Dog License. “Dog license” as used herein shall refer to a license required to be issued for each individual dog. (b) Kennel License. “Kennel license” as used in this chapter shall be understood and construed to mean an annual license to be issued to the owner or proprietor of such kennel wherein is maintained more than five (5) dogs for breeding, training or sale or other commercial purposes. (c) Owner. “Owner” as used herein shall be construed to include any person who owns, controls, harbors or keeps in his possession any dog over the age of four (4) months. (d) Hunting Pack. “Hunting pack” as used herein shall be construed to mean five (5) or more hound dogs used exclusively for running and hunting predatory animals commonly referred to as varmints, including members of the larger cat species. (e) Working Pack. “Working pack” as used herein shall be construed to mean five (5) or more dogs used exclusively for control of livestock. (Ord. 886, § 2, 10/24/1972)

541-11. Animal Control Officer. In order to carry out the purposes of this chapter, it is hereby determined that public necessity demands, and there is hereby established, the office of Animal Control Officer for the County of Humboldt. Deputy Animal Control Officers are public officers and not peace officers. (Ord. 886, § 23, 10/24/1972; Ord. 1135, § 1, 5/3/1977; Ord. 2317, § 1, 5/25/2004) 541-12. Appointment. The Sheriff of the County of Humboldt shall be, ex officio, the Animal Control Officer. (Ord. 886, § 21, 10/24/1972; Ord. 2317, § 1, 5/25/2004) 541-13. Assistants. The Board of Supervisors may by resolution or order from time to time employ deputies or assistants to the Animal Control Officer, at such compensation as may be determined by said Board. (Ord. 886, § 22, 10/24/1972) 541-14. Qualifications. No person is eligible nor can he/she be appointed Animal Control Officer, assistant or deputy unless he is a citizen of the United States, over the age of eighteen (18) years, and has resided in the County of Humboldt for thirty (30) days continually next before his/her appointment. (Ord. 886, § 23, 10/24/1972) 541-15. Repealed by Ord. 2317, § 2, 5/25/2004. 541-16. Duties. It shall be the duty of the Animal Control Officer to enforce all the provisions of the laws of California and the provisions of this chapter concerning the licensing, seizure, impounding and killing of dogs, and such other duties as may be required by law. The Animal Control Officer and his/her assistants and deputies shall have the power to make such arrests as is conferred by Section 836.5 of the Penal Code of the State of California. (Ord. 886, § 25, 10/ 24/1972; Ord. 1315, § 2, 3/13/1979)

541-21. Confined to Owner’s Premises. (a) It shall be unlawful for any person to cause, permit or allow any dog owned, harbored, controlled or kept by him/her to roam, run or stray away from the premises where the same is owned, harbored or kept, at any time, except in the custody and control of the owner or some responsible person, duly authorized by the owner. (b) The Animal Control Officer may seize and impound any dog found running at large at any time contrary to the provision of this section. (Ord. 886, § 10, 10/24/1972; Ord. 2322, § 1, 7/6/2004) 541-22. Regulating Dogs at Arcata Airport. It shall be unlawful for any person to cause, permit or allow any dog owned, harbored, controlled or kept by him/ her to enter upon the premises of the Humboldt County Airport at Arcata, California, unless such dog be kept on a leash. (Ord. 1117, § 1, 1/11/1977) 541-23. Pups to Be Restrained until after Vaccination. All dogs under four (4) months of age shall, in addition to the confinement required by Section 541-21 of this chapter, be confined to the premises of, or kept under physical restraint by, the owner, keeper or harborer, and such restraint shall continue until a period of thirty (30) days has elapsed after vaccination of the particular dog with an approved anti-rabies vaccine. (Ord. 886, § 11, 10/24/1972; Ord. 1315, § 3, 3/13/1979) 541-24. Prohibits Running Near Livestock and Poultry. It shall be unlawful for any person to permit or cause any dog to run on the lands of another whereon poultry or livestock is kept, without the permission of the owner of such lands. (Ord. 886, § 12, 10/24/1972) 541-25. Females Strictly Confined. All unspayed female dogs shall be strictly confined to the owner’s premises when the dog is in breeding condition. (Ord. 886, § 15, 10/24/1972) 541-26. Impoundment of Loose Dogs Near Children. For the health, welfare and safety of children, it is provided that any dog found not in the custody and control of the owner at, upon or near any school yard, bus stop, road, street, alley or highway where one (1) or more children are in route to or from school or home, or where children are gathered, may be forthwith seized by any peace officer, or by the Animal Control Officer or his/her deputies, and impounded by the Animal Control Officer. (Ord. 886, § 16, 10/24/1972; Ord. 2322, § 1, 7/6/2004) 541-31. Animal Control Officer Acquires Tags and Receipt. The Animal Control Officer is hereby authorized and directed to procure suitable applications and license tags to be issued to the owner or owners of dogs as required by this chapter. Said tags shall be metallic or of other durable material and have stamped thereon “Humboldt County Dog License”, and a consecutive serial number. (Ord. 886, § 50, 10/24/1972) 541-32. Dog Tags. (a) Each person owning any dog over the age of four (4) months shall procure a license for such dog within thirty (30) days after the dog reaches the age of four (4) months or within ten (10) days after the arrival of such dog in the unincorporated area of Humboldt County, except those dogs that are currently licensed by one of the cities in Humboldt County, and shall be required to pay for each dog at said time a license fee in such amount as the Board of Supervisors may prescribe by resolution. If said license fee is not paid within the above specified period of time, the owner shall be required to pay a license fee for each dog so owned in such larger amount as the Board of Supervisors may prescribe by resolution. The Animal Control Officer may demand such proof as may be necessary to ascertain that the dog has in fact reached the age of four (4) months within the thirty (30) days next preceding the application for a license, or that the dog has arrived in the unincorporated area of the County of Humboldt within the ten (10) days next preceding the application for a license. No dog license shall be issued except upon proof by the applicant that the rabies vaccination will be effective during the entire period for which the license is issued. (Ord. 2351, § 17, 12/6/2005) (b) On or before the anniversary date of the dogs certified rabies vaccination, each person owning a dog required to be licensed in Humboldt County may purchase a two-year or three-year license for such dog and shall pay for each dog a license fee in such amount as the Board of Supervisors may prescribe by resolution, except that, where a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered, the fee for each dog shall be such lesser amount as the Board of Supervisors may prescribe by resolution. A three- year license may only be issued for dogs that have attained the age of twelve (12) months or older. No dog license shall be issued for the two or three year period except upon proof by the applicant that the rabies vaccination will be effective during the entire period for which the license is issued. If said license fee is not paid on or within 30 days of the anniversary date of the dog’s certified rabies vaccination, the owner shall be required to pay a late fee for each dog so owned in such amount as the Board of Supervisors may prescribe by resolution. (c) Each person owning a dog required to be licensed who fails to procure said license and pay the license fee required hereunder shall be guilty of an infraction. (Ord. 1019, § 1, 3/18/1975; Ord. 1710, § 1, 1/7/1986; Ord. 1936, § 1, 7/2/1991; Ord. 1970, § 1, 4/28/1992)

541-33. Tag Not Transferable. It shall be unlawful for any person to attach a dog license tag to the collar of any dog other than the one described in the application of such license tag. (Ord. 886, § 13, 10/24/1972) 541-34. Tag Attached to Permanent Collar. It is hereby required that said tag be attached to a collar to be permanently worn by said dog. (Ord. 886, § 14, 10/ 24/1972) 541-35. Kennel License. (a) Each person who owns or controls a kennel or place where there are kept five (5) or more dogs for breeding purposes or for training, sale or other commercial purposes shall pay an annual license fee for such kennel in such amount as the Board of Supervisors may prescribe by resolution. (b) Such license fee shall be paid on or before the first day of July of every year. If said license fee is not paid on or before the 31st day of July, the said owner shall be required to pay an annual license fee for each kennel in such larger amount as the Board of Supervisors may prescribe by resolution. Any owner, proprietor or person in control of such kennel who refuses to obtain and pay for such license within the time required herein shall be guilty of an infraction. (c) It is further provided that no kennel license shall be issued unless and until the prior approval of the Planning Department has been obtained. (d) It is further provided that such kennel license shall be issued unless and until the prior approval of the Planning Department has been obtained. (e) It is further provided that the Animal Control Officer may at any time enter on the premises of such licensed kennel to inspect said premises. The purpose of such inspection is to assure that the premises are being maintained in a sanitary and proper condition, and that said kennel has not been permitted to become a nuisance or detriment in the immediate neighborhood. If the Animal Control Officer finds that the premises are not maintained in a sanitary and proper manner, he/she may revoke the kennel license for said kennel. (f) It is further provided that no kennel license shall be issued without a certificate signed by the Animal Control Officer that such kennel is operated, or is to be operated, in accordance with provisions of this chapter, and, unless such certificate is made, the owner of said kennel will not be entitled to a kennel license according to the provisions of this chapter. It is further provided that when any dog is removed from such kennel the owner thereof shall obtain an individual license as required under this chapter. (Ord. 1315, § 4, 3/13/1979; Ord. 1710, § 2, 1/7/1986)

541-36. Hunting Pack License. (a) Any person who owns or controls a pack of five (5) or more hound dogs for the purpose of hunting bears and varmints exclusively shall pay an annual license fee for such pack in such amount as the Board of Supervisors may prescribe by resolution, which shall be the license for all hound dogs regularly kept upon the premises and constituting said pack. Each dog in a pack shall have an individual, numbered license tag. (b) Such license fee shall be paid on or before the first day of July of every year. If said license fee is not paid on or before the 31st day of July, the owner shall be required to pay an annual license fee for such pack in such larger amount as the Board of Supervisors may prescribe by resolution, and the owner, proprietor or person in control of such pack who refuses to obtain and pay for such license within the time required herein shall be guilty of an infraction. (Ord. 1315, § 6, 3/13/1979; Ord. 1710, § 3, 1/7/1986) 541-37. Working or Stock Pack License. (a) Any person who owns or controls a pack of five (5) or more working or stock dogs for the purpose of herding or otherwise working cattle, sheep or other livestock shall pay an annual license for such pack in such amount as the Board of Supervisors may prescribe by resolution, which shall be the license for all working dogs regularly kept upon the premises and constituting said pack. Each dog in a pack shall have an individual, numbered license tag. (b) Such license fee shall be paid on or before the first day of July every year. If said license fee is not paid on or before the 31st day of July, the owner shall be required to pay an annual license fee for such pack in such larger amount as the Board of Supervisors may prescribe by resolution, and the owner, proprietor or person in control of such pack who refuses to obtain and pay for such license within the time required herein shall be guilty of an infraction. (Ord. 1315, § 6, 3/13/1979; Ord. 1710, § 4, 1/7/1986) 541-38. Fee Exempt Dog License. Any person having the custody and control of any dog designated and trained as a “guide dog”, “signal dog”, or “service dog” may file an affidavit biannually with the Animal Control Officer. The affidavit shall contain the name and address of the disabled person or individual having custody of a law enforcement canine, the required description of the dog(s), the statement, “I am disabled. I have a guide, signal or service dog” or the statement “I am a Law Enforcement Officer. I am assigned a service dog.” The applicant may deliver or mail the affidavit and a current rabies certificate to the Animal Control Officer who shall thereupon endorse the license receipt, “Disabled Person or Law Enforcement Agency”, and deliver the license tag without charge. (a) As used in this section, “guide dog” means any guide dog or Seeing Eye dog which was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or which meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).

(b) As used in this section, “signal dog” means any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds. (c) As used in this section, “service dog” means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability or public Law Enforcement Agency, including but not limited to minimal protection work, rescue work, pulling a wheelchair, fetching dropped items, law enforcement duties. (d) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as a guide, signal or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding One Thousand Dollars ($1,000), or by both that fine and imprisonment. (Ord. 2118, § 1, 6/11/ 1996) 541-41. Authority to Kill Dog. Any person may kill any dog found in the act of killing, wounding or persistently pursuing or worrying livestock or poultry on land or premises not owned or possessed by the owner of the dog, or if he/she has such proof as conclusively shows that the dog has been recently engaged in killing or wounding livestock or poultry on land or premises not owned or possessed by his/her owner, and no action, civil or criminal, shall be maintained for killing such dog. (Ord. 886, § 60, 10/24/1972) 541-42. Authority to Seize or Kill Dog. Any dog entering any enclosed or unenclosed property wherein livestock or poultry are confined may be seized or killed by the owner or tenant of the property, or any employee of the owner or tenant, and no action, civil or criminal, shall be maintained therefore against such owner, tenant or employee. (Ord. 886, § 61, 10/24/1972) 541-43. Application of Sections 541-41 and 541-42. The provisions of Section 541-41 and 541-42 do not apply to any dog inside the corporate limits of any city or to any dog under the reasonable control of his owner or keeper, unless actually caught in the act of worrying, wounding, chasing or killing any livestock or poultry. (Ord. 886, § 62, 10/24/1972) 541-51. Impounding Fees. When any dog has been impounded for violation of this chapter, the owner thereof shall be charged the following fees:

(a) If the dog has not been impounded within the preceding six (6) months, a redemption fee in such amount as the Board of Supervisors may prescribe by resolution; if the dog has been impounded within the preceding six (6) months, the redemption fee for subsequent impoundments within such period of time shall be as prescribed by the Board of Supervisors by resolution. (b) A boarding fee for each day the dog is impounded as prescribed by the Board of Supervisors by resolution. (c) Mileage attributable to the impounding of the dog. The above fees, together with any license fees due, must be paid before the dog can be redeemed. (Ord. 1315, § 7, 3/13/1979; Ord. 1710, § 5, 1/7/1986) 541-61. Animal Control Center. An animal control center is hereby authorized at some convenient place to be fixed by the Board of Supervisors. The animal control center shall be under the control of the Animal Control Officer. The Animal Control Officer shall provide impounded dogs with sufficient food, care and water and shall maintain the animal control center in a clean and sanitary condition at all times. (Ord. 886, § 100, 10/24/1972) 541-62. Impound Record. When any dog has been impounded, the Animal Control Officer shall keep a record, within which he/she shall enter the time of day, description of the dog and license tag number, if any license tag is upon the dog when it is found by the Animal Control Officer. The Animal Control Officer’s impound record shall include the hour and date the dog was destroyed or the date, name and address of the person to whom the dog was given. (Ord. 886, § 101, 10/24/1972) 541-63. Notice to Owner. If any dog impounded by the Animal Control Officer has a license tag attached when it is found by the Animal Control Officer, the Animal Control Officer shall ascertain the name and address of the owner of record of such dog from the licensing authority issuing such dog tag, and mail such person a notice containing the information within the Animal Control Officer’s record concerning such dog. Said notice shall include a statement of fees due, as herein provided, and the statement: “The refusal or failure of the owner of any impounded dog to pay the fees and charges prior to three (3) working days, excluding Saturdays, Sundays and holidays, from the time such notice was mailed constitutes abandonment of the dog by its owner.” (Ord. 1315, § 3, 3/13/1979)

541-64. Abandonment of Dog. The refusal or failure of the owner of any such dog to pay the fees and charges within the period provided in Section 541-63 from the time it was impounded constitutes abandonment of the dog by its owner. (Ord. 1315, § 9, 3/13/1979) 541-65. Presumptive Notice of Impounded Dog. Whereas this chapter requires all dogs to be confined to the owner’s premises at all times, excepting when the dog is under the custody and control of its owner, now, therefore, it is hereby expressly provided that an owner of any dog which has strayed from the premises of its owner, keeper or harborer is on notice that such dog may be impounded in an animal control center and may, therefore, be humanely destroyed at the expiration of time limited in Section 541-63, after it has strayed from the premises of its owner. The purpose of this section is to serve constructive notice on owners of dogs which have no license tag attached or other means of identifying the dog’s owner at the time when the dog is found by the Animal Control Officer. (Ord. 1315, § 10, 3/13/1979) 541-66. Disposal of Abandoned Dog. (a) The Animal Control Officer may give any abandoned dog, as herein defined, to any person whom he/she believes will provide a suitable home for such dog. The new owner of the dog shall pay a total fee for such dog in such amount as the Board of Supervisors may prescribe by resolution. The official receipt, therefore, shall show the license fee and a deposit in trust in such amounts as the Board of Supervisors may prescribe by resolution. The Animal Control Officer shall issue an order on any veterinarian in the County that he/she is holding in trust the sum specified by the Board in its resolution, as prepayment on the vaccination of the dog for rabies. The new owner will be directed to present the animal and the order to a veterinarian of his/her choice for the vaccination of the animal. The new owner will be given a list of veterinarians who have agreed to accept the sum deposited in trust as full compensation for the administration of the vaccine. After the vaccine has been administered, the veterinarian shall present the order to the Animal Control Officer together with a copy of the vaccination certificate. The Animal Control Officer shall reimburse the veterinarian the sum deposited in trust for the administration of the vaccine, and shall forthwith issue the license to the new owner. (b) In the event the dog is not vaccinated as provided and the rabies vaccination certificate has not been returned to the Animal Control Officer within forty-eight (48) hours of the delivery of the dog to the new owner, exclusive of Saturdays, Sundays and holidays, the Animal Control Officer shall reimpound the dog as an unlicensed dog, except that, when the dog is a pup under the age of four (4) months, the Animal Control Officer shall set the date by which the pup shall have been vaccinated and the certificate returned to the Animal Control Officer. The failure of the new owner to have the dog vaccinated as provided shall be a violation of Chapter 2 of this division. (Ord. 1315, § 11, 3/13/1979; Ord. 1710, § 6, 1/7/1986)

541-71. Livestock Indemnity Fund. (a) Establishment and Receipts. The amounts from all fees collected for the issuance of dog licenses and for the impounding, care and redemption of dogs and of all fines collected under the provisions of this chapter shall be paid into the County Treasury and shall constitute a fund to be known as the Livestock Indemnity Fund, which shall be used as described in subsection (b) below. (b) Uses. The Livestock Indemnity Fund shall be used to pay the owners of livestock or poultry injured or destroyed by dogs running at large; provided, however, that each claim for damages on account of livestock or poultry injured or destroyed by any such dog shall be certified and supported by the affidavits of two (2) disinterested, reputable witnesses who shall therein fix the value of such livestock or poultry. Such affidavits shall be executed within the period of four (4) days after finding the carcass of the animals or poultry destroyed or injured and shall establish the fact beyond a reasonable doubt that such animal or animals or poultry were killed by a dog or dogs. Claims shall be paid after allowance, and a warrant drawn in the same manner as other claims on the County Treasury, but exclusively from the Livestock Indemnity Fund. The County of Humboldt expressly hereby denies any liability against any other fund for the payment of any claims arising hereunder. It is expressly provided also that nothing in this chapter shall be construed as releasing, diminishing or extinguishing any liability of the owner of any dog for damages to person or property existing under the laws of the State of California. (Ord. 886, § 110, 10/24/1972) 541-72. Charges on Livestock Indemnity Fund. All fees for the issuance of dog license tags and all fines collected pursuant to this chapter shall be paid into the County Treasury and shall be used: (a) First, to pay fees for the issuance of dog license tags; (b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this chapter; (c) Third, to pay damages to owners of livestock which are killed by dogs; and (d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code of the State of California. (Ord. 886, § 111, 10/24/1972) 541-81. Penalties. Except as otherwise provided herein, any violation of any provision of this chapter is hereby declared to be an infraction, punishable by a fine of not more than Fifty Dollars ($50.00) for the first offense, and for a second or subsequent offense, a fine of not more than One Hundred Dollars ($100.00). If a dog is permitted to run at large and wounds, kills or otherwise causes injury to livestock or poultry, the owner of the dog shall be guilty of a misdemeanor. (Ord. 886, § 120, 10/24/1972; Ord. 1408, § 1, 6/17/1980)

541-82. Interference with Animal Control Officer, His/Her Assistants and Deputies. Any person who shall interfere with, oppose or resist the Animal Control Officer or other person authorized under the provisions of this chapter while in the performance of any act or duty authorized or prescribed by this chapter shall be guilty of a misdemeanor. (Ord. 886, § 121, 10/24/1972) § 542-1. § 542-2. § 542-3. § 542-4. § 542-5. § 542-6. § 542-7. § 542-8. § 542-9. § 542-10. § 542-11. § 542-12. § 542-13.