Kern County Municipal Code Ch. 7.08 Animal Control Regulations

The purpose of this chapter is to protect the public health and safety of Kern County residents and to promote the general welfare of the citizens and to ensure that the animals residing within the unincorporated area of the county are treated humanely. Animal ownership is encouraged and welcomed within this county; however, strong emphasis is placed on responsible ownership of animals. Animal owners are encouraged and required to respect the rights of their fellow residents and to behave responsibly concerning the care of their animals. Primary responsibility is placed upon animal owners to properly maintain and/or secure their animals so as to prevent the animals from causing injury and/or creating a nuisance.

(Ord. No. 7998, § 3, 1-12-10)

The animal control department is hereby established and shall consist of the director of animal control and such necessary assisting personnel as may be approved by the board of supervisors. The department shall provide local rabies control, animal licensing, bite reporting, animal quarantine functions, operation of an animal sheltering system, enforcement of county ordinances and state law related to animal control, and other animal related services.

(Ord. No. G-8252, § 3, 1-31-12)

The position of animal control director is hereby established. The director shall be appointed by and serve under the direction and authority of the board of supervisors.

(Ord. No. G-8252, § 4, 1-31-12)

A. The director is authorized to impound any and all animals which are kept, maintained or found at large in violation of any of the provisions of this chapter and otherwise enforce all statutes, regulations and ordinances within the unincorporated areas of the county and within the area of any incorporated city within the county which has made the provisions of this chapter applicable to its jurisdiction and which has in effect an agreement with the county to enforce these animal control provisions within such city.

B. The director shall be vested with the authority to administer this chapter. In the course of these duties, the director shall have the authority to interpret the provisions of this chapter. Where there is a question as to the meaning or the intent of any requirement of this chapter, including interpretations of conditions of approval required in conjunction with the approval of any ministerial or discretionary permit authorized therein, the director shall provide any necessary interpretation.

C. The director is further authorized to cooperate with veterinarians within the county to develop a comprehensive licensing and spay and neuter program.

D. Kern County animal control department is the designated enforcement agency of the director.

E. The director shall annually promulgate proposed fees based on the actual cost for animal control services to be submitted to the board of supervisors. The director shall charge fees in accordance with the fee schedule as established by the board of supervisors by ordinance.

F. The director of the department may grant an administrative variance to the provisions of this chapter where a determination has been made upon the basis of evidence submitted by the owner or his representative demonstrating that a modification of the animal control standards as provided herein will not endanger the health or safety of the animals, or the public generally, or contribute to creation of a nuisance and strict compliance would be unreasonable in view of all the circumstances.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 4, 1-12-10)

A. "Animal control hearing panel" means the animal control hearing panel created pursuant to Chapter 2.152 of the Kern County Ordinance Code.

B. "Hearing officer" means a member of the animal control hearing panel created pursuant to Chapter 2.152 of the Kern County Ordinance Code.

C. "Dangerous animal" or "potentially dangerous animal" means any animal that is declared to be dangerous or potentially dangerous by the director pursuant to the provisions of Section 7.08.270(A).

D. "Vicious animal" means any animal that is declared to be vicious by the director pursuant to the provisions of Section 7.08.270(B).

E. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous, dangerous, or vicious animal in conjunction with other measures which may be taken or ordered to be taken by the owner. The enclosure shall be designed in order to prevent the animal from escaping, meaning that it shall be securely locked, shall have secure sides and bottom sufficient to prevent the animal from escaping, and shall have a top if required for the enclosure to ensure the animal's containment. The enclosure also shall be of sufficient size to provide the animal with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food, and water.

F. "Impoundment" means taken into custody by a law enforcement officer, an animal control officer or the provider of animal control services to county.

G. "Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

H. "Unprovoked" means without being intentionally incited to aggressive action.

I. "Animal, wild or exotic " means apes, coyotes, foxes, wolves, bears, cougars, lynx, bobcats, wild boars, cheetahs, jaguars, lions, tigers, leopards, panthers, ocelots, monkeys, elephants, or similar animals as determined by the director.

J. "Animal shelter" means a facility operated by a humane society or a governmental agency or its authorized agents that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.

K. "Commercial animal facility" means any premises wherein any person engages in the business, as it relates to dogs or cats, of buying or selling, of boarding, of breeding more than one (1) litter per year, of letting for hire, or training for a fee to do work, except an animal shelter as defined in Section 7.08.015(D)

L. "Cat" means a domesticated animal of the feline type (Felis domesticus), except for a feral cat.

M. "Cat, feral" is a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. A feral cat is unsocialized to people.

N. "Department" means the Kern County animal control department. If the county does not have an animal control department, it means the entity that performs animal control functions for the county.

O. "Director" means the director of the animal control department, or the manager of the entity that performs animal control functions for the county, or his or her designee.

P. "Animal control officer" means any officer employed to enforce the provisions of this title by the department or by the entity that performs animal control functions for the county. "Animal control officer" includes license collectors.

Q. "Dog" means a domesticated animal of the canine type (Canis familiaris); young animals (puppies) of this type are considered dogs upon reaching the age of four months.

R. "Altered dog" means a dog which has been certified in writing by a veterinarian as being nonreproductive.

S. "Ranch dog" means any dog which is utilized for agricultural, herding, or similar related purposes.

T. "Service dog" means any dog individually trained to perform tasks for the benefit of an individual with a disability, as including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

U. "Unlicensed dog" means a dog for which a required license fee has not been paid, or to which the license tag required by this chapter is not attached.

V. "Owner" of an animal means any person who owns, possesses, controls, keeps, cares for, harbors, or has custody of the animal for fifteen (15) or more consecutive days, except feral cat caretakers, a veterinarian, or an operator of a grooming shop, commercial animal facility, or a pet shop engaged in the regular practice of this business as such.

W. "Person" means and includes all natural persons and any firm, sole proprietorship, limited liability corporation, partnership, corporation, trust, and any association of persons, government agency, or political subdivision.

X. "Rescue/sanctuary animal facility" means a non-profit organization exempt from taxation under Internal Revenue Code Section 501(c)(3), or a collaboration of individuals associated with said organization, with at least one (1) of its purposes being the keeping, sale, or placement of dogs or cats that have been removed from the animal shelter or that have been previously owned by any person other than the original breeder of the dog or cat. Rescue/sanctuary animal facilities are considered to be commercial animal facilities for the purpose of permitting, inspection, and enforcement actions pursuant to this code only if those entities or their agents own, possess, and/or care for a minimum of eleven (11) dogs and/or cats at an onsite facility.

Y. "Grooming shop" means a business enterprise where animals are bathed, clipped, plucked, or otherwise groomed. A grooming shop that boards animals shall be considered as a commercial animal facility for permitting, inspection, and enforcement actions pursuant to this code.

Z. "Pet shop" means any person, sole proprietorship, limited liability corporation, partnership, or corporation, whether operated separately or in connection with another business enterprise, except for an animal shelter or a rescue/sanctuary animal facility, that buys, gives away, sells, or takes on consignment dogs, cats, or other animals as companion pets. A pet shop shall be considered to be a commercial animal facility for permitting, inspection, and enforcement actions pursuant to this code.

(Ord. No. 7998, § 5, 1-12-10; Ord. No. G-8265, § 2, 3-12-12)

A. It is unlawful for an owner of a dog to keep or maintain the dog in any place in the county unless it is licensed pursuant to this chapter or is specifically exempt from such licensing requirements. This section shall not apply to the following:

1. Dogs wearing a valid license issued by an incorporated city within the county;

2. Dogs wearing unexpired license tags from another jurisdiction;

3. Dogs under the age of four (4) months which are secured by the owner or confined within the private property of their owner;

4. Any dog owned by or in the charge of any person who is a nonresident of the county and is traveling through the county or temporarily visiting therein for a period not exceeding thirty (30) days, provided the dog has been vaccinated consistent with county requirements and the owner or person in charge presents proof of such vaccination upon demand, and further provided that the dog is confined on the property of the person in charge of it while temporarily in the county;

5. Any dog brought into and maintained in the county for a period not to exceed thirty (30) days for the exclusive purpose of entering it in any show, exhibition, field trials, training or competition or for breeding purposes, provided the dog has been vaccinated consistent with county requirements and the owner or person in charge presents proof of such vaccination upon demand, and further provided that the dog is confined on the property of the person in charge of it while in the county, except when being groomed, trained, bred, shown, exhibited or in competition.

B. No license tag shall be issued for any dog until satisfactory written evidence is presented that the dog has been vaccinated against rabies in a manner approved by the director which must be consistent with the Rabies Compendium of the Centers for Disease Control.

(Ord. G-6942 § 5 (part), 2002)

A. Every owner of a dog over the age of four (4) months in the unincorporated areas of the county, and within the incorporated city within the county which has made provisions of this title applicable to its jurisdiction and which has effect in an agreement with the county for the county to enforce the animal control provisions within such city, shall pay fees in accordance with the fee schedule as established by the board of supervisors.

B. The license fee is due and payable within five (5) days of having the dog vaccinated against rabies.

C. All licenses expire at the same time their supporting rabies vaccination expires, or the previous license fees expire whichever comes first.

D. Penalty. An unpaid dog license fee shall become delinquent thirty (30) days after it is due and payable. Upon delinquency, a penalty shall be added to the regular fee in accordance with the fee schedule as established by the board of supervisors. Penalty fees shall accumulate and be added to each successive license period.

E. Offenses—Failure to Furnish Information. Any owner of any dog in the county who refuses, fails or neglects to furnish to the director fee collector, or veterinarian authorized to vaccinate and license dogs and collect the license fees thereon, as provided in this chapter, information necessary to properly vaccinate and license such dog, or who resists, hinders or obstructs the director in the exercise of the director's duties, or who fails, neglects or refuses to pay any required license fee at the time and in the manner herein provided, is guilty of a misdemeanor and shall be punished as provided in Section 1.12.030 of this code.

F. Any person sixty-two (62) years of age or older may purchase a discounted dog license for not more than three (3) altered dogs in accordance with the fee schedule as established by the board of supervisors. Proof of age is required at time of purchase.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 6, 1-12-10)

A. No person shall own, operate, conduct or maintain a commercial animal facility without first having obtained a permit as prescribed by the director. The payment of an annual permit fee for the operation of the commercial animal facility shall be in accordance with the fee schedule as established by the board of supervisors. The permit holder shall be entitled to maintain any number of animals provided the permit holder complies with the provisions of this title and any and all laws relating to commercial, animal facilities, the cat and/or dog numerical limitations established as a condition of the permit, and the treatment of animals.

1. The permit fees for a commercial animal facility or rescue/sanctuary animal facility shall be in lieu of any dog license required by Section 7.08.050 if the dog is located on the premises for no more than four (4) months; however, the fees may be waived, or reduced, or payment plans approved, for rescue/sanctuary animal facilities, as defined in Section 7.08.015(X), in the interest of advancing humane purposes, at the discretion of the director of animal control. The results of any action under this subsection will be reported on the department's website.

2. A permit application, furnished by the department, shall be filed with the department, accompanied by an appropriate permit fee. The application form shall include the following information:

a. The name and address of the applicant, the property owner or leaseholder;

b. The address, legal description or other sufficient identifying description of the property;

c. The number of cats and dogs kept on the property;

d. The current license numbers of all dogs located on the premises for more than four (4) months; and

e. Such additional information as may be required by the department to facilitate any required investigation.

3. The person filing the application shall sign a statement under penalty of perjury that the facts stated in the application are true and correct and that all information required has been set forth in the application. The owner or authorized representative of the property shall also sign the application acknowledging the intended use to be made of the property.

4. Applicants shall be notified of incomplete or inaccurate applications within twenty (20) working days after the date of the filing of the application. The applicant shall make the necessary corrections and additions and resubmit the application within thirty (30) calendar days of notification. The department shall evaluate the information provided in the application to determine whether or not the application proposal will be in compliance with the applicable requirements of this chapter.

5. The director shall have thirty (30) working days after the date of filing of a complete application to approve or deny. If an application is denied, the applicant may amend the application and resubmit the amended application within thirty (30) calendar days of the date on which the denial was mailed to the applicant. Such submittal of an amended application is not subject to an additional fee.

6. Written notice of the denial of a permit shall be delivered in person or by U.S. mail, postage prepaid, to the applicant at the address on file with the department.

7. Prior to issuing a permit the director shall determine that:

a. The applicant's facilities are so maintained as to prevent dogs or cats from running at large off the premises;

b. The applicant's facilities are maintained in a manner that will ensure that the animals therein will enjoy a healthy, safe, sanitary and humane environment and not become a nuisance to the neighborhood;

c. The applicant has not violated any federal, state or local law or ordinance, which in the director's judgment, would constitute cruelty to animals;

d. The applicant agrees that the director may, at all reasonable times during the facility business hours, inspect the permitted premises, records and operations;

e. The applicant agrees to comply with the provisions of this title;

f. The applicant provides evidence satisfactory to the director that all dogs maintained on the premises have been vaccinated consistent with this chapter;

g. The number of animals in the applicant's facilities will not endanger the health or safety of, the public generally, or contribute to creation of a nuisance or create inhumane conditions for the animals;

h. The commercial animal facility proposal would be in conformance with the applicable requirements of this chapter;

B. Records of all animals at a commercial animal facility shall be kept at the address specified in the permit application. The records shall include, but are not limited to, the name and address of any and all owner(s) of the dog(s), cat(s) or other animal(s), date of transaction (when applicable), species/breed, specific identifying characteristics, gender, age, microchipping identification and name of veterinarian.

C. A record of communicable disease immunizations, including rabies, shall be kept for each animal at a commercial animal facility, recording the date on which immunizations were given or the expiration date. These records shall be retained by the commercial, or the rescue/sanctuary animal facility for a period of thirty (30) days after the animal is removed from the commercial or rescue/sanctuary animal facility.

D. The director shall issue the permit within forty-eight (48) hours of approving the application.

E. Permits shall be reviewed annually from the date of issuance or reissuance. Permit review and reissuance are subject to the following:

1. A permit does not expire at the end of one (1) year absent an express permit term or condition limiting the period of the permit;

2. The department shall reissue the permit upon payment of the annual fee.

F. The director may suspend or revoke a permit upon determining that any of the conditions described herein are not being maintained by the permittee, that the permittee is in violation of this title or that the facility is being operated in a manner that constitutes a nuisance including, but not limited to, noise and odor disturbances. If the director intends to suspend or revoke the permit, a written notice to this effect shall be delivered in person or by certified mail to the mailing address of the permit applicant. The written notice shall state the grounds for the proposed suspension or revocation. The suspension or revocation shall become effective ten (10) days after service of the notice unless the permit holder files an appeal with the administrative review board within that time period.

G. The applicant may appeal a denial, suspension or revocation of a permit. Any appeal or revocation shall be made to the administrative review board by filing a written request for a hearing before the administrative review board with the secretary of the animal control commission not more than ten (10) calendar days after notice of the proposed denial, suspension or revocation has been delivered. Upon receipt of a written request for a hearing, the secretary of the animal control commission shall set the matter for public hearing on a date not more than sixty (60) calendar days following receipt of such written request, and shall give the permit applicant and the administrative review board at least thirty (30) calendar days written notice of the time, date, and place of the hearing. After the hearing, the administrative review board shall issue its written decision and findings on the appeal within thirty (30) calendar days after the close of the hearing. Any aggrieved party may file a notice of appeal to the board of supervisors within ten (10) days of the date of the decision.

H. The director may temporarily suspend any permit issued under this chapter, prior to any hearing when, in the opinion of the director, such action is necessary to protect the residents of the county from immediate threats to health and safety. The director shall notify the permit holder of the temporary suspension and the effective date thereof and at the same time shall set the matter for hearing as soon as possible before the administrative review board as set forth in subsection (G) herein. The temporary suspension shall remain in effect until the administrative review board has taken final action on the merits.

I. No permit may be transferred.

J. Licensed veterinary hospitals are not required to obtain commercial animal facility permits.

K. Commercial animal facilities will be treated as "kennels" for zoning purposes and will be subject to existing zoning regulations pertaining to whether or not kennels are permitted (or permitted with approval of a conditional use permit) within any particular zoning district.

L. The commercial animal facility permit number shall be included on all public notices advertising the sale or free giveaway of litters or of individual puppies, kittens, dogs or cats.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 7, 1-12-10; Ord. No. 8266, § 2, 3-12-12)

A. The department shall inspect a permitted commercial animal facility, at all reasonable times during the facility business hours, at least one (1) time per year and may inspect more frequently.

B. The department shall charge for services not specifically described that are rendered by personnel that are necessary for the enforcement of the provisions of this chapter. The charge will be calculated on the per-hour fee as established by the board of supervisors.

(Ord. No. 7998, § 8, 1-12-10)

A. Tag. A dog license shall be delivered to each person who complies with the dog vaccination requirement and pays the license fee required by this chapter. The tag shall be stamped with the words "Kern County", the license number and year that the tag expires. The tag shall be secured to a collar or harness which shall be worn at all times by the dog for which it is issued except when the dog is in competition, being trained or being used lawfully being groomed or confined within a kennel, yard or pen (provided the handler has the license tag in his or her possession).

B. Delegation of Licensing Duties. The director may delegate the duty to issue licenses and collect fees when he/she determines such delegation is necessary for a county-wide and uniform service to the public.

C. Lost License Tags. Whenever, during the period for which it is effective, a dog tag issued pursuant to this chapter is lost, taken or stolen, the owner of the dog for which the tag was issued may, upon payment consistent with the fee ordinance and exhibition of evidence of current rabies vaccination, receive a duplicate tag for the period for which the original dog tag was issued.

(Ord. G-6942 § 5 (part), 2002)

A. All dogs shall be vaccinated with a canine antirabies vaccine approved by the director within ten (10) days after becoming four (4) months of age.

B. All dogs shall be vaccinated at the following intervals:

C. No vaccine is licensed for use on wildlife.

(Ord. G-6942 § 5 (part), 2002)

Rabies vaccination shall be performed by or under direct supervision of a California state licensed veterinarian, hereinafter referred to as the "vaccinator." The vaccinator shall issue to the owner of the dog which he/she has vaccinated a certificate in form approved by the director showing the date of the vaccination and such other information as is required by state law or the director. The vaccinator shall also make available or submit a report of the vaccination to the animal control program of the county within ten (10) days of the giving of the vaccination.

(Ord. G-6942 § 5 (part), 2002)

The owner of any animal that bites any person, and any person who treats any person for an animal bite, shall report the circumstances of the animal bite incident to the director who in his or her discretion shall place the animal under regulation or quarantine in a humane manner for such time as may be required or permitted by state law. The regulation or quarantine may be conducted at the home of the owner of the animal or at such other place as may be designated by the director and the animal shall be kept securely confined while under observation. Dogs or cats that have bitten any person and are not vaccinated for rabies may be quarantined at the county animal shelter and the owner shall be liable for the board and care fees.

(Ord. G-6942 § 5 (part), 2002)

If it appears to the director that any dog or cat is afflicted with rabies, the director may apprehend and shall take such other action as the director deems necessary to prevent the spread of the disease.

On the order of a veterinarian the dog or cat shall be destroyed forthwith. If the dog or cat is destroyed the head shall be submitted to the department of public health for testing.

(Ord. G-6942 § 5 (part), 2002)

Whenever any animal susceptible to rabies is exposed to another animal suspected of having rabies, the owner of the animal so exposed shall, upon learning thereof, immediately notify the director. Exposed animals shall be treated as required by state law. When any animal is quarantined by the director, it shall be unlawful for the owner of the animal or any other person to violate the quarantine. Any of the following acts shall constitute a violation of the quarantine:

A. Removing the animal from the quarantine premises;

B. Allowing the animal to run at large;

C. Destroying the animal without director authorization;

D. Failing to notify the director the animal's death immediately upon the occurrence thereof;

E. Disobeying any of the quarantine restrictions imposed by the director; or

F. Allowing the animal to come in contact with other animals or persons.

(Ord. G-6942 § 5 (part), 2002)

Every person within the county who owns any domesticated animal or who owns, conducts, manages or operates any commercial animal facility pursuant to this chapter shall comply with each of the following conditions:

A. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

B. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

C. Every building wherein animals are maintained shall be water resistant, constructed of durable materials that are easily cleaned, properly ventilated to prevent drafts and to remove odors, and routinely maintained to allow animals to stay dry and clean and to provide convenient access to clean food and water. There shall be sufficient light to allow observation of animals and sanitation conditions. Heating and cooling shall be provided as required, according to the physical need of the animals.

D. Primary animal enclosures shall be so constructed and maintained as to prevent the escape of animals and to prevent the entrance of other animals/predators into the enclosure. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

E. All animal enclosures, rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, with flooring that is constructed to prevent injury to the animals' feet and legs.

F. All persons shall provide proper shelter and protection from the weather for all animals at all times. This includes, but is not limited to, shade to protect animals from the direct rays of the sun and prevent overheating with care given to proportion of animal and positioning to provide maximum protection; flooring or platforms raised off the ground, of suitable size to accommodate the animal and allow for retention of body heat. When animals are housed outdoors when the mean temperature is forty-five (45) degrees Fahrenheit or below or is eighty (80) degrees Fahrenheit or above, animals shall be so acclimated.

G. No animals shall be without proper care more than eighteen (18) consecutive hours.

H. The name and telephone number of the owner or operator of a commercial animal facility shall be posted in a conspicuous place that is viewable from the front of the property.

I. Every reasonable precaution shall be used to ensure that animals are not, abused, excessively teased, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

J. Provide the means to be able to isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals with a contagious disease or potentially contagious disease shall at all times be isolated from the other animals.

K. In accordance with Section 597.1 of the Penal Code, the owner or custodian of an animal shall not permit such animal to go without proper care or attention. The director, in lieu of seizure, may allow the owner or custodian to take the animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal.

L. No person shall give an animal any alcoholic beverages, illegal drugs or controlled substances, unless prescribed by a veterinarian.

M. No person shall allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two (2) or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies.

N. No person shall improperly use any tack, equipment, device, substance or material in a manner that is injurious or causes unnecessary cruelty to any animal.

O. Rest periods shall be given to all working animals. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.

P. No person shall work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

Q. No person shall allow any animal which the director has suspended from use to be worked or used until released by the director.

R. No person shall allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

S. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director.

T. Every stable, poultry house, corral, pen, enclosure or other structure used for the purpose of confining, housing, keeping or maintaining any animals or poultry, whether domestic or otherwise now existing or hereafter constructed on or moved onto a lot or parcel of land in the unincorporated territory of the county shall be kept and maintained at all times in a dry, clean and sanitary condition. The property shall be kept as nearly as possible free from offensive odors and any other conditions which tend to breed flies or other insects or furnish food or breeding places for rats or mice. All manure and other offal shall be removed at least once a week and more often when necessary to prevent the odors thereof from becoming offensive or to prevent the creating of conditions described in this section.

U. Except for a permitted commercial animal facility, regardless of the number of unaltered female dogs or cats on the premises, only one (1) unaltered female dog or cat will be allowed to produce one (1) litter within a twelve (12) month period

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. G-7820, § 2, 1-13-09; Ord. No. 7998, § 9, 1-12-10)

A. A dog or puppy shall not be restrained by a fixed point chain or tether for more than twelve (12) consecutive hours in a twenty-four (24) hour period. This chain shall be at least fifteen (15) feet long.

B. A dog or puppy may be exclusively restrained by a chain or tether provided that it is at least fifteen (15) feet in length and attached to a pulley or trolley mounted on a cable which is also at least fifteen (15) feet in length and mounted no more than seven (7) feet above ground level.

C. Any tethering system employed shall not allow the dog or puppy to leave the owner's property.

D. No chain or tether shall weigh more than one-eighth (⅛) of the dog or puppy's weight.

E. Any chain or tether shall be at least fifteen (15) feet in length and have swivels on both ends.

F. Any chain or tether shall be attached to a properly fitting collar (no choke chain collars) or harness worn by the animal.

(Ord. G-6942 § 5 (part), 2002)

It is the intent of the board of supervisors that no animals be exposed to or involved in conditions which constitute a violation of Section 597(f) of the California Penal Code or other state laws or county ordinances as may be in effect from time to time.

A. Notwithstanding any other provisions of this code to the contrary, it is unlawful for any person to have, keep, maintain or harbor any animals on any premises wherein the physical conditions of the premises constitute a violation of state laws or county ordinances.

B. A conviction for violation of any of the sections listed in subsection (A) of this section arising out of circumstances involving the keeping or harboring of animals shall be prima facie evidence that the person in control or possession of the premises on which the animals are located cannot or will not keep the animals in a healthy condition or cannot, or will not keep the premises in a sanitary condition; whereupon the director may order the person to remove some or all of the animals from the premises, and if the animals are not removed within forty-eight (48) hours after the date of the order, the director may remove the animal for appropriate disposition. Upon a veterinarian's examination and determination that an animal has been neglected or mistreated, the animal may be impounded by the county animal control service subject to normal board and care fees pending a hearing within seven (7) days of impoundment.

C. Failure to comply with any order given by the director under subsection (B) of this section is an infraction.

(Ord. G-6942 § 5 (part), 2002)

A. No person shall transport any dog in or on the back of any open truck or other open vehicle while traveling on any county road, street, highway, lane or alley.

B. This section shall not apply to any person who transports a dog in any open truck or other open vehicle which is sufficiently enclosed by stakes, racks, or is equipped with other devices which prevent the dog from falling, hanging, or escaping from the vehicle.

C. This section shall not apply to any person while engaged in agricultural livestock activities.

(Ord. G-6942 § 5 (part), 2002)

Public animal shelters are authorized and established in the county of Kern under the supervision of the director.

(Ord. G-6942 § 5 (part), 2002)

A. It is unlawful for the owner of any dog to allow it to be on the private property of another person or on public property without the consent of the person owning, occupying or controlling the property. Animals on the property of another person with the consent of the person in charge of the property shall be under such restraint as is necessary to protect persons and other animals from injury and to protect the property from damage. In particular, dogs shall be restrained by a leash and under the immediate control of the handler or confined within an enclosed pen when on public property, unless the officer in charge of the property has consented to the owner exercising another form of restraint.

B. Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal, provided that such person shall within twenty-four (24) hours thereafter notify the director of the fact that he has the animal in his possession and shall surrender possession of the animal to the director upon demand when deemed by the director to be in the animal's best interest and in accordance with the law. If the animal is taken up at a time when an animal shelter is not open for business, the person confining it shall within twenty-four (24) hours after the shelter reopens, notify the director.

(Ord. G-6942 § 5 (part), 2002)

The director shall require that a true and faithful record be kept of the number and description of all animals taken into custody, the date of their impounding and the date and manner of their disposition. The director shall require that the necessary subsistence be provided for animals while in custody, that no tattoo thereon be altered and that no animal suffers from inhumane treatment. Every dog and cat shall be scanned for a microchip.

(Ord. G-6942 § 5 (part), 2002)

Upon impounding any animal, the director may cause to be published in any newspaper circulated within the community or by any other electronic means where the animal was captured, a notice describing the animal, the date of its impoundment and the address of the animal shelter where it is being kept.

(Ord. G-6942 § 5 (part), 2002)

The director shall not release to its owner, or adopt any animal that has been impounded in accordance with the provisions of this chapter unless the person to whom the animal is released or adopted provides satisfactory proof that the animal will be maintained in accordance with the provisions of this chapter and any other applicable law.

(Ord. G-6942 § 5 (part), 2002)

A. The owner of any animal impounded but not quarantined may, at any time during regular working hours and before the adoption or other disposition thereof, redeem the animal by showing proof of ownership and paying the director all the fees and fines thereon including, but not limited to, applicable administrative penalties, rabies vaccination fee if not current, vaccinations for other communicable diseases in accordance with current practice as determined by the director, license fee if unlicensed, county impound fees, board and care charges, spay/neuter fee or cost of providing the service, microchipping fee, other service fees and veterinary charges if applicable in accordance with the fee schedule as established by the board of supervisors.

1. Such spay/neuter fee shall be refundable upon submission, to the director, of a written request and proof that the animal has been altered by a licensed veterinarian within sixty (60) days of redemption unless the animal is certified by a licensed veterinarian as too ill or injured to be sterilized. In such cases, the spay/neuter fee shall be refundable upon submission, to the director, of a written request and written certification from a licensed veterinarian within thirty (30) days of redemption, that the animal can not be sterilized. Such spay/neuter fee shall also be refundable if the owner submits, within thirty (30) days of redemption, a written certification from a licensed veterinarian stating that, in the professional judgment of the veterinarian, the animal has previously been altered. The spay/neuter fee shall be forfeited to the county if such proof of sterilization or written certification has not been presented to the director within the specified period. All such forfeited deposits shall be deposited into a trust fund used to issue sterilization vouchers and to pay for sterilization by the director of adoptable animals.

2. No animal shall be released to its owner after a third impoundment unless it has been sterilized. The owner of the animal shall be liable for the cost of the sterilization procedure and related expenses as well as the other enumerated charges contained in this section.

B. In accordance with Section 30804.7 and 31751.7 of the Food and Agriculture Code, the owner of any non-spayed or un-neutered dog or cat that is impounded shall be fined as follows:

C. The director shall collect, in addition to redemption fees and administrative penalties if applicable, a vaccination deposit for any impounded dog under the age of four (4) months which has not been vaccinated against rabies, and shall issue a rabies voucher to the person paying them.

D. Vaccinators who accept rabies vouchers in payment for rabies vaccinations of dogs shall, upon presenting rabies vouchers and claim forms approved by the director, is entitled to payment from the county treasury of the amount stated on the voucher.

E. All dogs and cats, not already microchipped, shall be microchipped prior to redemption.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 10, 1-12-10)

The director shall charge fees in accordance with the fee schedule as established by the board of supervisors as follows:

A. Any impounded and unredeemed live animal held the required time and not suffering from any infectious or communicable disease may be adopted upon the adopter meeting the following conditions:

1. Dogs may be adopted upon payment of an adoption fee, a rabies vaccination fee or rabies voucher, a license fee, a spay/neuter fee, a microchipping fee and other services in accordance with the fee schedule as established by the board of supervisors; and, must be in compliance with the provisions of state law dealing with the sterilization of dogs.

2. Cats may be adopted upon payment of an adoption fee, a vaccination fee, a spay/neuter fee, microchipping fee and other services in accordance with the fee schedule as established by the board of supervisors; and, must be in compliance with the provisions of state law dealing with the sterilization of cats.

3. Dogs and cats too young or infirm to be sterilized may be adopted subject to the adopter establishing proof of sterilization, or returning the animal for sterilization to the department, on a date determined at the time of adoption. Anyone who fails to comply with this sterilization requirement is guilty of a misdemeanor punishable as provided in Section 1.12.030 of the Kern County Ordinance Code.

4. All other animals may be adopted upon payment of an adoption fee.

B. The director shall not knowingly make a gift of, sell or adopt any live dog or cat to any person or institution intending to use the animal for breeding, experimental or consumptive purposes.

C. All dogs and cats, not already microchipped, shall be microchipped prior to adoption.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 11, 1-12-10)

A. The director shall charge, in addition to redemption fees, a deposit for vaccination of any impounded dog which has not been vaccinated against rabies, and shall issue a separate receipt to the person paying them.

B. All sums received by the director shall be deposited in the county treasury forthwith and shall be kept in a separate account or trust fund which may be appropriately designated and provided for by the board of supervisors.

C. A vaccination deposit shall be collected by the director in accordance with the fee schedule as established by the board of supervisors.

D. The receipt referred to in subsection (A) of this section shall contain the following statement:

Any licensed veterinarian accepting this receipt in payment for the rabies vaccination of any dog shall be reimbursed by the County of Kern a sum not to exceed the amount shown hereon upon presentation of this receipt to the Board of Supervisors or any person designated by the Board to pay such claims.

E. Vaccinators who accept receipts in payment for rabies vaccinations of dogs shall, upon presenting receipts and claim forms approved by the director to the board of supervisors, be entitled to payment from the county treasury of the amount stated on the receipt.

(Ord. G-6942 § 5 (part), 2002)

A. All impounded and unredeemed live dogs or cats without identification markings/tags/microchips may be adopted, released or destroyed by the director after being impounded in accordance with state law. All other species of live animals impounded or unredeemed shall be disposed of in accordance with state law.

B. The director may dispose of dogs and cats as in subsection (A) above with license or identification tags/microchips/tattoos after service of written notice to the person whose name appears on the identification tag or license record. Written notice may be given by hand delivery, by posting on the premises of said person at his or her last known address and by mailing a copy to the person by registered or certified mail. Proof of notification or attempted notification is required.

C. The director make an attempt to contact the person listed on the identification tag or license record by telephone within twenty-four (24) hours of a weekday impounding or on the weekday following a weekend or holiday impounding.

(Ord. G-6942 § 5 (part), 2002)

Editor's note— Ord. No. G-7998, § 12, adopted Jan. 12, 2010, repealed § 7.08.230, which pertained to adoption of unredeemed animals and derived from Ord. G-6942, § 5(part), adopted 2002.

If an animal control officer picks up any cat or dog at the request of the owner, or if the owner of a cat or dog brings his or her animal to the animal shelter for the purpose of destroying or disposing of same, the director shall charge and collect a fee in accordance with the fee schedule established by the board of supervisors.

(Ord. G-6942 § 5 (part), 2002)

A. It is unlawful for any person to keep, abandon or turn loose without care any animal suffering distress from disease, injury or other infirmity. Any such animal taken up by the director may be euthanized.

B. This section shall not apply to persons keeping diseased, injured, or infirmed animals which are under medical care from a veterinarian. A written statement prepared by a veterinarian shall be deemed sufficient evidence of such care.

(Ord. G-6942 § 5 (part), 2002)

The owner of any animal which dies shall bury or otherwise dispose of such animal in a manner so as not to create a nuisance or health hazard. Whenever a dead animal is discovered within the unincorporated areas of the county, which has not been properly disposed of, the director shall order its owner to dispose of it properly. If the order is not promptly obeyed, the director may employ any person to dispose of the dead animal and shall charge against and collect from its owner the reasonable cost of the disposal of the animal. In the event the owner of the animal is unknown, the director may employ any person to remove and dispose of the animal, the costs of which shall be a charge against the county.

(Ord. G-6942 § 5 (part), 2002)

A. Potentially Dangerous and Dangerous Animals. The director may declare an animal to be potentially dangerous or dangerous if he has evidence to believe that it poses a potential hazard to the health and safety of humans, other animals, or property. The director may determine an animal to be potentially dangerous or dangerous where:

1. The animal has, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engaged in any behavior that required a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner; or

2. The animal has, when unprovoked, bitten a person causing a less severe injury than as defined in Section 7.08.015(G); or

3. The animal has, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner.

In determining whether or not an animal is potentially dangerous or dangerous, the director may also be guided by, but not limited to, the following criteria:

1. Whether the animal has bitten any person or other animal, damaged property, or attempted or threatened to do so; or

2. Circumstances indicating the temper or ferocity of the animal; or

3. The animal's general menace to the public.

B. Vicious Animals. The director may determine an animal to be vicious where:

1. The animal has, when unprovoked, in an aggressive manner, inflicted severe injury on or killed a human being or another animal; or

2. The animal previously determined to be and currently listed as a dangerous or potentially dangerous animal has, after the owner has been notified of this determination, continued the behavior described in the definition of "dangerous or potentially dangerous animal;" or

3. The animal is associated with conduct which results in the owner being convicted under Penal Code Section 597.5(a).

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. G-8265, § 3, 3-12-12)

A. If an investigation conducted by any law enforcement officer or animal control officer results in a determination that there is probable cause to believe that (1) an animal is potentially dangerous, dangerous, or vicious; or (2) the owner of an animal previously determined to be potentially dangerous, dangerous, or vicious is in violation of any of the provisions of this chapter or orders of the department, the animal control hearing officer, or the court issued pursuant thereto; or (3) if any animal is an immediate threat to the public health, safety, and welfare, the director shall file with the animal control hearing panel, or at the director's option, with the Kern County Superior Court, a verified petition or complaint setting forth facts that establish probable cause to believe the animal in question is potentially dangerous, dangerous, or vicious, that the owner of an animal previously determined to be potentially dangerous, dangerous, or vicious is in violation of any of the provisions of this chapter or orders issued pursuant thereto, or that an animal is an immediate threat to the public health, safety, and welfare.

B. The animal control commission shall act as a panel of hearing officers to the animal control hearing panel, and the chairman of the animal control commission shall designate, from the panel of hearing officers, a hearing officer to conduct a hearing for the purpose of determining whether or not the animal in question should be declared to be potentially dangerous, dangerous, or vicious, or if the owner of an animal previously determined to be potentially dangerous, dangerous, or vicious is in violation of this chapter or orders issued pursuant thereto, and if so, what orders or penalties should apply, or if an animal poses a significant threat to the public health, safety, and welfare, and, if so, what order or penalties should apply.

C. The owner shall be served a copy of the verified petition or complaint, and a notice of hearing date, time, and place, either personally or by first-class mail, return receipt requested, within five (5) business days.

D. A hearing conducted pursuant to this section shall be held promptly within no less than five (5) working days, nor more than ten (10) working days after service of notice upon the owner.

E. The hearing shall be open to the public.

F. The hearing officer may receive at the hearing all relevant evidence from the director, law enforcement officer, animal control officer, and the owner. Such evidence may include incident reports and affidavits of witnesses.

G. The findings, determinations, declarations, and orders of the hearing officer shall be in writing based upon whether, by a preponderance of the evidence, the animal is proven to be potentially dangerous, dangerous, or vicious, or the owner of an animal previously determined to be potentially dangerous, dangerous, or vicious is proven to be in violation of this chapter or orders issued pursuant thereto, or an animal is proven to pose an immediate threat to public health, safety, and welfare. Service of the findings, determinations, declarations, and any orders issued pursuant thereto shall be made upon the owner either personally or by first-class mail, return receipt requested. The findings, determination, and orders of the hearing officer are final, unless appealed to the Superior Court as provided in subsection 7.08.280(H).

H. If the owner contests the determination of the hearing officer, the owner may, within five (5) days of receipt of the notice of determination, appeal the decision to the Kern County Superior Court. The Kern County Superior Court shall conduct a de novo hearing according to its Rules of Court. If the initial hearing was conducted in the Kern County Superior Court, the appeal will be heard by a different judge of the Kern County Superior Court.

(Ord. G-7335 § 4, 2006; Ord. G-6942 § 5 (part), 2002)

(Ord. No. G-8265, § 3, 3-12-12)

No animal may be declared to be potentially dangerous, dangerous, or vicious, or an immediate threat to the public health, safety, and welfare, solely because any of the following conditions result:

A. Injury or damage is sustained by a person who, at the time of the injury or damage, was physically abusing, tormenting, teasing, assaulting, or attacking the animal.

B. Injury or damage is sustained by a person who, at the time of the injury or damage, was committing a willful trespass or other tort upon premises occupied by the owner, or was teasing, tormenting, abusing, assaulting, or attacking the animal, or was committing or attempting to commit a crime.

C. Injury or damage is sustained by a person acting in concert with a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, or was physically abusing, tormenting, teasing, assaulting, or attacking the animal, or was committing or attempting to commit a crime.

D. Injury or damage is sustained by a domestic animal which at the time the injury or damage was sustained, was physically abusing, tormenting, teasing, assaulting, or attacking the subject animal.

E. Injury or damage is sustained by a person who has gained uninvited and/or unauthorized entry onto the fenced or indoor property of the owner (entry into a fenced residential yard or commercial property that is either secured or posted to prohibit entry is deemed "unauthorized entry."

F. The animal acts to protect or defend a person within the immediate vicinity of the animal from an unjustified attack or assault.

G. Injury or damage to a domestic animal or livestock was sustained while the subject dog was working as a hunting dog, herding dog, predator control dog, or ranch dog on the property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal or livestock appropriate to the work of the subject dog acting while in the scope of its trained duties.

(Ord. No. G-8265, § 4, 3-12-12)

A. This chapter shall not apply to animal shelters, commercial animal facilities, rescue/sanctuary animal facilities which have qualified as commercial animal facilities, or licensed veterinarians, unless an employee or volunteer is injured by an animal and its owner failed to announce that the animal has been determined to be potentially dangerous, dangerous, or vicious.

B. This chapter shall not apply to dogs which are utilized by any law enforcement officer in the performance of police work.

(Ord. No. G-8265, § 5, 3-12-12)

A. If, upon investigation, it is determined by a law enforcement officer or animal control officer that probable cause exists to believe any animal poses an immediate threat to public safety, then the law enforcement officer or animal control officer may enter any premises where the animal is kept, other than a place of residence or closed garage, to seize and impound the animal pending any hearing to be held pursuant to this chapter. The owner shall be liable to the county where the animal is impounded for the expense of keeping the animal, if the animal is later adjudicated to be potentially dangerous, dangerous, or vicious.

B. Alternatively, when the animal has been impounded and it is not contrary to public safety for the animal to be housed elsewhere, the director shall permit the animal to be confined at the owner's expense in a department approved kennel or veterinary facility.

C. Subsequent to such hearing, if the animal is determined to be potentially dangerous, dangerous, or vicious and its release would create an immediate threat to the public health, safety, and welfare, the hearing officer may issue an order that the director euthanize the animal. No such order shall take effect until at least two (2) working days after the personal service of the order upon the known owner or seven (7) working days after the date of mailing if the order is sent by first-class mail, return receipt requested, to the known owner. The findings, determinations, declarations, and orders of the hearing officer are final, unless appealed to the Kern County Superior Court as provided in Section 7.08.280(H). If the owner is unknown, no such order shall take effect until the animal has been impounded at least seven (7) calendar days.

D. Alternatively, when an order is issued that a vicious animal shall not be euthanized, the hearing officer or court shall impose conditions on the owner of the animal that protect the public health, safety, and welfare, and any enclosure shall meet the requirements of Section 7.08.015(E).

(Ord. No. G-8265, § 6, 3-12-12)

Potential measures and orders that can be imposed by the director, hearing officer, or the court following the declaration of a potentially dangerous, dangerous, or vicious animal include, but are not limited to:

A. Potentially dangerous:

1. Licensing, including incorporation of the animal's designation in the animal's registration records and the assessment of a fee in addition to the regular licensing fee to cover the increased costs of maintaining the animal's records;

2. Microchip identification;

3. Vaccinations;

4. Alteration;

5. Enclosure indoors or enclosure outdoors meeting the requirements of Section 7.08.015(E), and if off the owner's premises, only if restrained by a substantial leash, of appropriate length, and under the control of a responsible adult;

6. Fines permitted by Food and Agricultural Code Section 31662; and/or

7. Unannounced inspections by law enforcement officers or animal control officers.

B. Dangerous:

1. Licensing, including incorporation of the animal's designation in the animal's registration records and the assessment of a fee in addition to the regular licensing fee to cover the increased costs of maintaining the animal's records;

2. Microchip identification;

3. Vaccinations;

4. Alteration;

5. Enclosure indoors or enclosure outdoors meeting the requirements of Section 7.08.015(E), and if off the owner's premises, only if restrained by a substantial leash, of appropriate length, and under the control of a responsible adult;

6. Fines permitted by Food and Agricultural Code Section 31662;

7. Unannounced inspections by law enforcement officers or animal control officers;

8. Delivery of evidence to the department of a dangerous animal rider to the owner's liability insurance policy; and/or

9. Revocation of the license for the animal.

C. Vicious:

1. Licensing, including incorporation of the animal's designation in the animal's registration records and the assessment of a fee in addition to the regular licensing fee to cover the increased costs of maintaining the animal's records;

2. Microchip identification;

3. Vaccinations;

4. Alteration;

5. Enclosure indoors or enclosure outdoors meeting the requirements of Section 7.08.015(E), and if off the owner's premises, only if restrained by a substantial leash, of appropriate length, muzzled, and under the control of a responsible adult;

6. Fines permitted by Food and Agricultural Code Section 31662;

7. Unannounced inspections by law enforcement officers or animal control officers;

8. Delivery of evidence to the department of a dangerous animal rider to the owner's liability insurance policy;

9. Revocation of the license for the animal;

10. After a hearing conducted under this chapter determining that ownership or possession of a vicious animal by that owner would create a significant threat to the public health, safety, and welfare, prohibit the owner from owning, possessing, controlling, or having custody of any animal for a period up to three (3) years; and/or

11. Direct that the animal be euthanized under Section 7.08.283.

(Ord. No. G-8265, § 7, 3-12-12)

Any violation by the owner of a potentially dangerous, dangerous, or vicious animal of an order of the director, the hearing officer, or the court pertaining to that animal constitutes a misdemeanor punishable as provided in Section 1.12.030 of this code.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. G-8265, § 8, 3-12-12)

If an animal subject to this chapter dies, or is sold, transferred, or permanently removed from the jurisdiction of the county, the owner of the animal shall notify the animal control department of the changed condition and new location of the animal in writing within two (2) working days.

(Ord. No. G-8265, § 9, 3-12-12)

If there are no additional instances of the behavior described in this chapter within a thirty-six (36) month period from the date of designation as a potentially dangerous animal, the animal shall be removed from the list of potentially dangerous animals. The animal may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six (36) month period if the owner demonstrates to the animal control department that changes in circumstances or measures taken by the owner, such as training of the animal, have mitigated the risk to the public safety.

(Ord. No. G-8265, § 10, 3-12-12)

The designation of an animal as dangerous or vicious shall remain permanently on the list of dangerous and vicious animals.

(Ord. No. G-8265, § 11, 3-12-12)

A. It is a misdemeanor for any person to have, keep, maintain, breed, sell, trade, exhibit or let for hire any wild, exotic or carnivorous undomesticated animal without first obtaining a special permit from the director pursuant to this section.

B. Animals Otherwise Licensed. The licensing provisions of this section shall not be applicable to licensed circuses, carnivals, pet shops, veterinary hospitals or zoos.

(Ord. G-6942 § 5 (part), 2002)

No person shall keep a wild or exotic animal without a permit issued by the director. Permit fees for keeping wild or exotic animals, which shall be collected in accordance with the fee schedule as established by the board of supervisors, are due and payable before the permit is issued and in each and every year thereafter on the anniversary date that the permit was issued. The fee is delinquent thirty (30) days after it is due and if not paid within thirty (30) days of the delinquent date will be increased by fifty percent (50%).

(Ord. G-6942 § 5 (part), 2002)

Any person who in the opinion of the director is unable to maintain and provide for any wild, exotic or carnivorous undomesticated animal adequately and safely shall not be issued a permit.

(Ord. G-6942 § 5 (part), 2002)

Any person denied a permit for a wild, exotic or carnivorous undomesticated animal may appeal the denial to the director within thirty (30) days of the denial. The permit applicant(s) shall be notified in writing at the time of denial of the right of appeal and the procedures pertaining to the appeal process. Appeals must be in writing and state the name, address and phone number of the applicant(s) for the permit. The director shall appoint an administrative review board to hear the appeal. The appeal shall be heard within two (2) weeks of its filing with the director and the disposition of the permit application shall be as decided by a majority of the administrative review board.

(Ord. G-6942 § 5 (part), 2002)

The director may at any time inspect the premises where any wild, exotic or carnivorous undomesticated animal is proposed to be kept or is kept, and may investigate the conditions under which any such animal will be or is maintained in order to determine the appropriate requirements to include in any permit to be issued or whether the existing conditions comply with requirements of an issued permit. The director may at any time add to or modify the requirements of an issued permit when in the director's opinion the public health and safety so require. The director may, after notice and hearing, revoke such permit upon a showing of persistent violations of the terms or requirements thereof.

(Ord. G-6942 § 5 (part), 2002)

Any person keeping or maintaining a wild, exotic animal which escapes from its confinement shall immediately notify the director of such escape.

(Ord. G-6942 § 5 (part), 2002)

Wild, exotic or carnivorous undomesticated animals found running loose may be impounded in accordance with the provisions of this chapter. Neither the county nor its officers, agents or employees shall be liable for injury to or disease contracted by such animal while being captured, transported or impounded. Wild, exotic animals found at large and injuring, damaging or threatening to injure or damage any person or property will be deemed to be a public nuisance and may be summarily destroyed. Neither the county nor its officers, agents or employees shall be liable for any such summary destruction. Reclamation by an owner or keeper of any impounded wild, exotic animal may be permitted upon payment to the director of the actual costs of the impounding and care of such animal.

(Ord. G-6942 § 5 (part), 2002)

A. Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license requirements of the county of Kern applicable to the transferred animal.

B. No person shall present any live animal for sale, adoption, barter, exchange or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this section shall include, but is not limited to, dogs, cats, birds, fish, poultry, rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to:

1. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110;

2. Dog or cat shows;

3. Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or

4. Livestock auctions or similar activities.

C. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition.

D. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.

E. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of eighteen (18) years, without the written permission of one of the minor's parents or legal guardians.

(Ord. G-6942 § 5 (part), 2002)

A. The keeping or harboring of any animal or fowl, whether licensed or not, which by howling, yelping, barking or other noise which is offensive to the senses, is injurious to health, disturbs or annoys any considerable number of persons or any neighborhood so as to interfere with the enjoyment of life or property, is unlawful and is a public nuisance, and each day that such act is continued constitutes a separate offense. It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal or fowl committing such act is a public nuisance.

B. Upon proof satisfactory to the director or any peace officer, of a misdemeanor violation of subsection (A), the case may be directly filed with the district attorney. When the director, any animal control officer or peace officer personally witnesses a public nuisance, as described by the complainant and this section, he may issue a citation. The first violation of this section shall be punishable as an infraction. The second and subsequent violations of this section shall be a misdemeanor punishable as provided in Section 1.12.030 of this code.

(Ord. G-7076 § 2, 2004: Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 13, 1-12-10)

A. No person shall obstruct or interfere with the director in the performance of the duties under this chapter or aid or abet others in so doing.

B. No person shall remove or attempt to remove any animal taken into custody by the director without authorization.

C. No person shall cause or aid the escape of any animal sought for custody by the director aid or abet others in doing so.

D. Any person who commits any act prohibited by this section is guilty of a misdemeanor punishable as provided in Section 1.12.030 of this code.

(Ord. G-6942 § 5 (part), 2002)

Editor's note— Ord. No. G-7998, § 14, adopted Jan. 12, 2010, repealed § 7.08.400, which pertained to permit revocation and derived from Ord. G-6942, § 5(part), adopted 2002.

With the exception of those acts expressly declared in any section of this chapter to be misdemeanors, any act in violation of the provisions of any section in this chapter is an infraction punishable by a fine. These fines shall be in addition to any cost or fee provided for in this chapter for the redemption or disposition of impounded animals. A person is guilty of a separate offense for each animal and for every day during which a violation of any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. G-6942 § 5 (part), 2002)

A. Pursuant to the provisions of Penal Code Section 836.5, any of the officers and employees of the animal control division who are in the animal control officer classifications, other than clerical and secretarial personnel, authorized to make arrests and issue written notices to appear, may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his presence which is a violation of any of the following:

1. Orders and ordinances of the board of supervisors pertaining to animal control matters; or

2. Statutes, orders, quarantines and other regulations, as well as rules prescribed by the State of California related to animal control.

B. In any case in which a person is arrested and the person does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear.

(Ord. G-7307 § 4 (part), 2005)

Pet owners will be provided information on local spay/neuter clinics and spay/neuter voucher assistance programs. The public education program will include, but not be limited to, public advertising, school programs, informational campaigns to encourage licensing and the responsible, humane treatment of dogs and cats, the prevention of unwanted, ill-advised and accidental breeding of dogs and cats.

(Ord. G-6942 § 5 (part), 2002; Ord. No. 7998, § 15, 1-12-10)

The department will develop a spaying and neutering program to include:

1. Financial assistance with the costs of spaying and neutering dogs and cats,

2. Offer information on other programs and veterinary services to pet owners,

3. Develop and disseminate spay/neuter education materials,

4. Implement programs encouraging spaying and neutering as well as other aspects of humane animal care,

5. Develop and maintain statistical information for use by the department to determine the best methodologies for pet population control, and

6. Run a foster/adoption program.

(Ord. G-6942 § 5 (part), 2002)

(Ord. No. 7998, § 16, 1-12-10)

Editor's note— Ord. No. G-7998, § 17, adopted Jan. 12, 2010, repealed § 7.08.440, which pertained to monitoring and derived from Ord. G-6942, § 5(part), adopted 2002.

In accordance with the requirements of Penal Code section 12031(c)(2), animal control officers acting in the course and scope of their employment are authorized to use and carry weapons in accordance with applicable federal and state statutes and local ordinances, and animal control department policies and procedures, as amended.

(Ord. G-7655 § 2, 2008)

In addition to the other provisions contained in this chapter, owners of animals or facilities in violation of the provisions of this title that have been confirmed by the director, are subject to the regulations pertaining to the imposition and collection of administrative fines and penalties as provided for in Chapter 8.54 of this code. These fines or administrative penalties shall be in addition to any cost or fee provided for in this chapter for the redemption or disposition of impounded animals.

(Ord. No. 7998, § 18, 1-12-2010)

A. The unaltered dog license shall contain the following terms and conditions:

1. No offspring may be sold, adopted, bartered or otherwise transferred, whether for compensation or otherwise, until such offspring has reached the age of at least eight (8) weeks;

2. The owner must prominently display their unaltered dog license number in any advertisement to the public for the sale, adoption or transfer (whether for compensation or otherwise) of the offspring. The owner must provide the unaltered dog license number to any person who purchases, adopts or receives the offspring and include the unaltered dog license number on any receipt of sale or transfer document;

3. The owner shall submit in writing to the department the name, address and telephone number of the person(s) who received any of the offspring, whether for compensation or otherwise, within five (5) days of the sale or transfer;

4. The owner shall provide to all persons who receive any offspring, whether for compensation or otherwise, an application for a Kern County dog license, as well as written information regarding Kern County's dog license requirements. The owner shall obtain these documents from the department.

B. The provisions of subsection (A) shall not apply to any permitted commercial animal facility.

(Ord. No. 7998, § 19, 1-12-2010)