Chapter 8-16 — ANIMALS

Editor's note— Ord. No. 672, § 2 (exh. A), adopted January 14, 2019, repealed the former Ch. 8-16, and enacted a new Ch. 8-16 as set out herein. The former Ch. 8-16 pertained to similar subject matter and derived from Ord. No. 561, § 2, 2006; Ord. No. 480, § 1, 1997; Ord. No. 365, §§1 (part), 2, 3 (part), 1988.

The board of supervisors of the Contra Costa County has adopted Ordinances 80-97, 83-10, 85-23, 87-74, 2005-24, 2005-25, 2006-05, 2011-08, 2011-09, 2016-02 and 2017-12 regarding animal control. These ordinances are codified in County Ordinance Code Division 416, including Chapters 416-2 through 416-12. Certified copies of Division 416 are on file with the city clerk, where they are open to public inspection as required by Government Code Section 50022.3. This animal control code (Division 416) Ordinance Nos. 80- 97, 83-10, 85-23, 87-74, 2005-24, 2006-05, 2011-08, 2011-09, 2016-02 and 2017-12, with the exceptions of those portions of said county ordinances referring to penalties, are hereby referred to and adopted by this reference, under Government Code Section 50022.2.

(Ord. No. 672, § 2 (exh. A), 1-14-2019)

County Ordinance Code Division 416, referred to and adopted in Section 8-1601, contains requirements referred to in the California Food and Agricultural Code, Section 30501. This chapter constitutes the city's request that Division 416 of the County Ordinance Code be applicable within the city.

(Ord. No. 672, § 2 (exh. A), 1-14-2019)

The penalty clauses of the Contra Costa County code Division 416, set forth in this section are expressly adopted under Government Code Section 50022.4:

416-4.604 Penalties.

(a)

Notwithstanding Section 14-8.004, and pursuant to Food and Agriculture Code Section 31401, violations of Division 416 of this code, excepting Chapter 416-10 and Article 416-12.2, are punishable by fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second or subsequent offense.

(b)

Notwithstanding subsection (a) above, violation of Section 416-4.404 Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such.

416-10.012 Violation.

Violation of this chapter, except for the provisions of Section 416-10.010(b), is a misdemeanor. Violation of Section 416-10.010(b) is subject to Article 416-4.6 of this division.

Article 416-12.2.

Per Section 14-8.004, violation of Article 416-12.2, Nuisance, is an infraction. Except as otherwise provided by statute, every infraction violation is punishable, upon conviction thereof, by:

A fine not exceeding one hundred dollars for a first violation;

A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. (See Government Code Section 25132(b).)

416-12.202(d) Animal Noise Enforcement.

The department may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of Section 416-12.202 based on either or both of the following:

An observation of the violation by a department employee.

A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal.

416-12.434 Penalties for violation of dangerous animal permit.

It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of Article 416-12.4, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years.

416-12.436 Prohibited dog ownership by convicted felons.

(a)

Any person who has been convicted of a felony under the laws of the United States, of the state of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public's health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Section 416-12.438 of this article. A convicted felon under this article shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. "Misuse" by a convicted felon means use of a dog in a threatening or aggressive manner, or in the commission of a crime.

(b)

Any dog whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner's expense.

(c)

A dog that poses a danger to the public's health, safety or welfare if misused by a convicted felon under this section means any of the following:

(1)

A dog weighing more than twenty pounds;

(2)

A dog who has been designated a potentially dangerous or dangerous animal under Sections 416-12.402 and 416-12.404 of this article;

(3)

A dog designated by the animal services director as posing a danger to the public's health, safety or welfare if misused by a convicted felon based upon the following factors:

(i)

The nature of any complaints regarding the dog,

(ii)

The strength of the dog, including jaw strength,

(iii)

The dog's tolerance for pain,

(iv)

The dog's tendency to refuse to terminate an attack,

(v)

The dog's potential propensity to bite humans or other domestic animals,

(vi)

The dog's potential for unpredictable behavior,

(vii)

The dog's aggressiveness,

(viii)

The likelihood that a bite by the dog will result in serious injury.

This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability.

416-12.1006 Enforcement.

In addition to any other remedy allowed by this code or applicable law, the animal services director may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of this article.

(Ord. No. 672, § 2 (exh. A), 1-14-2019)

This section sets forth Article 416-4.8 of the Contra Costa County Code, as adopted by Contra Costa County Ord. No. 2017-12, and provides for administrative fines that the animal services department may impose, enforce, and collect to address any violation of Division 416 as adopted by the City of Lafayette.

416-4.802 Applicability and Authorization.

(a)

This article provides for administrative fines that the animal services department may impose, enforce, and collect to address any violation of this division.

(b)

Remedies under this article are in addition to any other remedy allowed by this code or applicable law.

(c)

This article is authorized by California Government Code Section 53069.4.

416-4.804 Definitions.

For purposes of this article, the following words and phrases have the following meanings:

(a)

"Complainant" means a person who reports a violation of any section of Division 416 to the department.

(b)

"Department" means the animal services department.

(c)

"Effective date" means the date by which a violation must be corrected, as specified in a notice of violation.

(d)

"Hearing examiner" means the animal services director, or the animal services director's designee.

(e)

"Responsible person" means any of the following:

(1)

A person who possesses, has title to, has an interest in, or has control, custody or possession of an animal or the property on which an animal is kept.

(2)

A person who allows, or whose agent, employee, or contractor allows, a barking dog or other noisy animal violation to exist, whether through action, failure to act, or failure to exercise control over a barking dog or other noisy animal.

(3)

For purposes of this article, there may be more than one responsible person for a barking dog or other noisy animal violation.

(f)

"Service date" means the date a notice or decision is served in accordance with Section 416-4.816.

416-4.806 Administrative Fines.

(a)

Notice of violation. If a violation is a continuing violation, such as the failure to obtain a dog or cat license, the department will first serve a notice of violation on the responsible person as specified in Section 416-

(1)

The date of the violation.

(2)

The name of the responsible person.

(3)

The address or location where the violation occurred.

(4)

The code section(s) violated and a description of the violation.

(5)

Whether the violation(s) were established by inspection or by complaint, if applicable.

(6)

A description of how the violation can be corrected.

(7)

A specified time period of at least ten calendar days, beginning on the service date, within which the violation must be corrected.

(8)

An advisement that the owner may be subject to an administrative fine under this article if the violation is not corrected by the effective date, and the amount of that fine.

(b)

The department may impose an administrative fine on a responsible person if any of the following occur:

(1)

The violation is not a continuing violation, such as a violation of the animal noise ordinance.

(2)

The continuing violation has not been corrected in the time period specified in the notice of violation.

(3)

The continuing violation was corrected as specified in the notice of violation, but a violation of the same section continues, exists, or occurs within one year after the effective date.

(c)

Notice of fine. An administrative fine will be assessed by means of a notice of fine. The responsible party will be served with the notice of fine as specified in Section 416-4.816. The notice of fine will include all of the following information:

(1)

The date of the violation.

(2)

The code section(s) violated and a description of the violation.

(3)

The amount of the fine.

(4)

An advisement of the right to request a hearing before the hearing examiner, contesting the imposition of the fine.

(d)

For a continuing violation, the amount of the fine is one hundred dollars for the first notice of fine. If the owner fails to correct the violation after the first notice of fine, and a second notice of fine is issued in the same year, the amount of the fine in the second notice is two hundred dollars. If the owner still fails to correct the violation after the second notice of fine, the amount of the fine is five hundred dollars for each additional notice of fine that is sent within one year.

(e)

If the violation is not a continuing violation, the amount of the fine is one hundred dollars for a first violation, two hundred dollars for a second violation of the same section within one year, and five hundred dollars for each additional violation of the same ordinance within one year.

416-4.808 Hearings.

(a)

Any person upon whom an administrative fine is imposed by the department may request a hearing pursuant to the procedures set forth in this section. The appellant must file a written appeal with the department within fifteen calendar days after the service date of the notice of fine. The written appeal must contain:

(1)

A brief statement explaining who the appealing party is and what interest the appealing party has in challenging the imposition of the fine; and

(2)

A brief statement of the material facts that the appellant claims supports his or her contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

(b)

Notice of the hearing will be served on the appellant and the complainant, if any, as specified in Section 416-4.816. The department will set the hearing no sooner than twenty days and no later than forty-five days following the service date of the notice of hearing.

(c)

The hearing of an administrative fine imposed for violations of this division will be heard by the hearing examiner.

(d)

At the hearing, the appellant and complainant, if any, will be given the opportunity to testify, and present written and oral evidence.

(e)

An appellant's failure to appear at the hearing shall constitute an abandonment of any defense the appellant may have to the administrative fine.

(f)

Where applicable, a complainant's failure to appear at the hearing shall constitute an abandonment of the complaint and shall be grounds for a dismissal of the administrative fine.

(g)

After considering the testimony and evidence submitted at the hearing, or after the appellant or complainant has failed to appear at the hearing, the hearing examiner will issue a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision. The decision will be served as specified in Section 416-4.816.

416-4.810 Final Administrative Order.

The imposition of the administrative fine becomes a final administrative order at one of the following times:

(a)

On the date the notice of fine is served, if the responsible party fails to file a written appeal to the department within the time specified.

(b)

On the date the written decision by the hearing examiner is served, if the responsible party files a written appeal to the department within the time specified.

416-4.812 Payment of the Fine.

The fine must be paid to the county within thirty days after the imposition of the administrative fine becomes a final administrative order. Payment of a fine under this article does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of fine. The payment of

a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

416-4.814 Collection.

If the fine is not paid within thirty days after the imposition of the fine becomes a final administrative order, the county may collect the fine, the county's collection costs, and interest. An administrative fine accrues interest at the same annual rate as any civil judgment, beginning on the twentieth day after the fine becomes a final administrative order. The county may collect by using any available legal means, including, but not limited to, the following:

(a)

The county may file a civil action. If a civil action is commenced, the county is entitled to recover all costs associated with the collection of the fine, including those costs set forth in Code of Civil Procedure Section 1033.5.

(b)

The county may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq.

416-4.816 Service.

All notices or decisions required to be served by this article will be served by any of the methods specified below:

(a)

First class mail. First class mail will be addressed to the responsible person at the address shown on the last equalized assessment roll, at the address where the violation occurred, or as otherwise known. Service is deemed completed upon the deposit of the notice or decision, postage prepaid, in the United States mail.

(b)

Personal service. Personal service is deemed complete on the date the notice or decision is personally served on the responsible person.

416-4.818 Judicial Review.

A final administrative order may be appealed to the superior court of the county in accordance with the provisions set forth in Government Code Section 53069.4.

(Ord. No. 672, § 2 (exh. A), 1-14-2019)