Kings County Municipal Code Art. I In General

There shall be a division of animal control in the county sheriff's office, under the direction of the animal control supervisor. It shall be the duty of the division of animal control to enforce the provisions of this chapter.

(Ord. No. 672, § 2, 6-30-15)

This chapter shall be known as "The Animal Control Ordinance".

(Ord. No. 672, § 2, 6-30-15)

As used in this chapter, all words shall have their usual meaning except that the following words or terms as used in this chapter shall be defined as follows:

Agent shall mean any agency, society or other organization or representative of any agency, society or other organization with which the county has contracted to carry out the provisions of this chapter.

Altered shall mean a spayed female dog or cat or a neutered male dog or cat.

Animal control officer shall mean the animal control division supervisor or any person employed by the County under the supervision of the animal control officer or the sheriff's office for the purpose of enforcing the animal control laws and regulations.

Animal shelter shall mean any animal shelter, temporary animal shelter, or shelter vehicle owned by or on behalf of the County of Kings, for animal control purposes, whether maintained directly by the county or its agents.

Competition dog shall mean any dog which is used to show, to compete or to breed, which is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), America Dog Breeders Association (ADBA), or valid registry approved by the animal control officer and meets one of the following requirements:

(1) The dog has competed in at least one dog show or sporting competition sanctioned by a national registry or approved by the animal control officer, within the last 365 days;

(2) The dog earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from the AKC, UKC, ADBA, or other registry or dog sport association approved by the animal control officer; or

(3) The owner or custodian of the dog is a member of a purebred dog breed club, approved by the animal control officer, which maintains and enforces a code of ethics for dog breeding that includes restrictions from breeding dogs with genetic defects and life threatening health problems that commonly threaten the breed.

County shall mean the unincorporated area of the County of Kings.

County health officer shall mean the Kings County Health Officer, or his designee.

Diseased or injured animal shall mean any animal not suspected of rabies which is apparently diseased, sick, injured, disabled, infirm or crippled.

Domestic animals shall mean dogs, cats, small mammals, reptiles, amphibians and birds that are kept and maintained as household pets.

Fowl shall mean chickens, turkeys, emus, ostriches, and all other domestic or domesticated fowl other than household pets.

Harboring. A person "harbors" a dog or cat within the meaning of this chapter when he feeds or shelters the dog or cat for a period of 30 days or more.

Kennel shall mean any place or premises where ten or more dogs or cats or combinations thereof, over the age of four months, are kept. For the purposes of the chapter, "keeping" includes boarding, grooming, breeding, training, sale and related purposes other than places maintained by a licensed veterinarian.

Livestock shall mean horses, ponies, mules, burros, jacks or jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

Owner shall mean any person, association, firm or corporation owning, having an interest in, or having control, custody, or possession of any animal.

Public service/military dog shall mean any dog that was appropriately trained and is now being used as or has retired from being used as a search and rescue dog or by law enforcement or the military. This includes dogs designated as breeding stock for search and rescue, law enforcement, or military purposes by an agency or organization approved by the animal control officer.

Rescue group shall mean any organization that provides temporary housing and care for domestic animals with the purpose of placing those animals with a new and permanent owner.

Running at large. A dog "runs at large" within the meaning of this chapter when it is on private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash continuously held in the hand of a responsible person capable of controlling such dog in compliance with section 4-66.

Service dog shall mean 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, a signal dog or other dog individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing, pulling a wheelchair or fetching dropped items.

Unaltered shall mean a dog or cat that is neither spayed nor neutered.

(Ord. No. 672, § 2, 6-30-15)

Any person who has an animal in his possession, custody, or control and who willfully fails or refuses to exhibit the animal or any required license for inspection upon demand by the animal control officer or any peace officer is guilty of an infraction.

(Ord. No. 672, § 2, 6-30-15)

For the purpose of enforcing or discharging the duties imposed by this chapter, Health and Safety Code section 121625, Government Code section 53074, or other applicable law, the animal control officer or any peace officer may enter upon private property, except dwellings, as follows:

(1) When in pursuit of any animal which the officer has reasonable or probable cause to believe is subject to impoundment.

(2) To impound or place in isolation or quarantine any animal which the officer has any cause whatsoever to believe or suspect has rabies or is a biting animal.

(3) To inspect or examine, during daylight hours only, animals isolated on the property.

Except when time does not permit, such as in an emergency or when in fresh pursuit, before entering upon private property reasonable effort shall be made to locate the property owner or possessor to request permission to enter upon the property and to explain the purpose for entry.

(Ord. No. 672, § 2, 6-30-15)

It is unlawful for any owner or any person who has an animal in his possession, custody, or control to permit, either willfully or through failure to exercise due care or control, any cruel acts upon the animal as defined as follows:

(1) To place or leave any poisonous substance where it is accessible to animals, or to otherwise expose the animal to any poisonous substance.

(2) To have or harbor any animal which is infected with any dangerous, incurable or painfully crippling condition. All such animals will be impounded by the animal control officer. This section does not apply to animals in veterinary hospitals, under the care of a veterinarian, or when the veterinarian has concluded that impoundment or quarantine is not recommended.

(3) To fail, refuse or neglect to provide any animal with food, drink, shade, or weatherproof housing.

(4) To restrain a dog by tether, fasten, chain, tie or otherwise to a doghouse, tree, fence or other stationary object unless that dog is restrained in accordance with Penal Code section 597t and is restrained:

a. On a running line, pulley or trolley system but only if the dog's collar is not a choke or pinch collar;

b. No longer than necessary for the owner or person in possession to complete a temporary task but in no case longer than three hours within a 24-hour period;

c. In compliance with the requirements of a camping or recreational area;

d. While the dog is engaged in, or is actively training for, an activity pursuant to a valid license issued by the State of California if that activity is associated with the use or presence of a dog;

e. While the owner of person in possession is actively engaged in activities related to cultivating agricultural products if the restraint is for the safety of the dog or shepherding and herding;

f. As otherwise allowed by Health and Safety Code section 122335.

(5) To carry or restrain any animal in, upon, or in connection with any vehicle that places the animal in reasonable likelihood of injury.

(6) To willfully or maliciously kill, maim, disfigure, tease, torture, beat, mutilate, burn, scald, hit or drive over with a vehicle or otherwise injure any animal. This section does not apply to anyone who uses reasonable force to drive off vicious and/or trespassing animals.

(7) To keep any animals in a foul, offensive, obnoxious, filthy or unsanitary condition.

(8) For any person, business, or organization of whatever nature, to give away any live vertebrate animal as a prize for, or as an inducement to enter, any contest, game or other competition; or as an inducement to enter a place of amusement; or as an incentive to enter in any business agreement.

(Ord. No. 672, § 2, 6-30-15)

Every person who breaks open an animal shelter, temporary shelter or shelter vehicle, or who willfully resists, delays, or obstructs the animal control officer in the discharge of, or attempt to discharge, any duty of his office, is guilty of a misdemeanor.

(Ord. No. 672, § 2, 6-30-15)

In addition to other authority provided by law for making arrests, the animal control officer and his deputies are hereby designated as public officers and employees and are authorized to make arrests according to Penal Code, Section 836.5 for the purpose of enforcing and carrying out provisions of this chapter.

(Ord. No. 672, § 2, 6-30-15)

All animals impounded shall be kept at the risk of the owner, and neither the county nor its officers, agents or employees, shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the animal. Neither the county, nor its officers, agents or employees shall be liable for injury or disease to any animal incurred while the animal is being captured, transported, or impounded.

(Ord. No. 672, § 2, 6-30-15)

Except as otherwise specifically provided in this chapter, any person violating or failing to comply with any provision of this chapter or any rule or regulation of the animal control officer or any peace officer shall be guilty of an infraction punishable pursuant to the provisions of section 1-8.1 of this Code.

This shall be in addition to any criminal or civil liability that may arise from violations of the California Constitution, codes, statutes, and regulations.

(Ord. No. 672, § 2, 6-30-15)

(a) Any person arrested for violation of this chapter shall be given the opportunity to sign a written notice to appear with his promise to appear pursuant to Section 836.5 of the Penal Code. Any person refusing to sign a written notice to appear with his promise to appear may be taken into custody.

(b) Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Ord. No. 672, § 2, 6-30-15)

(a) Any person willfully violating his written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(b) Any person willfully failing to pay a lawfully imposed fine for a violation of any provision of this chapter within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of the full payment of the fine after such time.

(Ord. No. 672, § 2, 6-30-15)

If any part of this chapter is found to be unconstitutional or invalid, the board of supervisors hereby declares that it would have enacted the remainder of this chapter regardless of the absence of any such invalid part.

(Ord. No. 672, § 2, 6-30-15)

The board of supervisors may, by resolution or order, establish fees for services provided or licenses issued under the provisions of this chapter. There shall be no refunds for any redemption and board fees charged.

(Ord. No. 672, § 2, 6-30-15)

Upon denial or revocation of any dog license, multiple animal permit, or kennel permit under sections 4-24, 4-33, 4-38, 4-42, or the impounding of an animal running at large under section 4-70, the animal control officer shall mail to the applicant or owner a written notice of its intent to deny or revoke the license or permit or that the animal was impounded. The written notice shall provide the specific reasons for the denial, revocation or impound. Within ten days after the mailing of the notice, the applicant or owner may request a hearing to appeal the denial, revocation, or impound. Any request for a hearing must be in writing and provided to the animal control officer. Failure to submit a timely written request for a hearing shall be a waiver of the applicant or owner's right to appeal the denial, revocation or impound. Hearings shall be conducted by the head of the department or designee.

(1) Notice and conduct of hearing. The animal control officer shall mail a written notice of the date, time, and place for the hearing not less than ten days before the hearing date. The hearing date shall be no more than 30 days after the receipt of the applicant or owner's request for hearing. Failure of the owner or applicant or his or her agent to appear at the hearing shall result in forfeiture of the right to a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The head of the department or designee shall mail a written decision to the owner or applicant within ten days after the hearing. The decision shall be the final administrative decision.

(2) In the event the animal is moved after the animal control officer has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license or permit, the owner or applicant must provide the department with any and all information concerning the animal's whereabouts, including the new owner's name, address, telephone number, and the date upon which the animal was moved. Failure to provide this information shall be deemed a violation of this article and shall be subject to the penalties as set forth in section 4-10.

(Ord. No. 672, § 2, 6-30-15)