Article I — ANIMAL CONTROL

(a)

Owner shall mean any person, firm, or corporation having interest in or having control, custody, or possession of an animal, provided however, that any occupant of premises upon which an animal is found shall be deemed prima facie the owner of said animal for the purposes of this article unless said occupant either presents said animal to the Animal Control Director for inspection or permits the Animal Control Director to take custody of said animal.

(b)

Person shall mean any person, individual, firm, partnership, corporation or unincorporated association.

(c)

Commercial Kennel or Kennel shall mean any lot, building, structure, enclosure, or premises whereupon five (5) or more dogs over the age of four (4) months are kept and/or maintained, regardless of their housing arrangements.

(d)

Pet Shop shall mean any premises devoted or partly devoted to the commercial trade of selling live animals for use as pets.

(e)

Domestic Animal shall mean any cow, horse, mule, burro, sheep, goat, pig, or bird or any other valuable animal or fowl commonly confined and maintained by man for domestic or commercial purposes (excepting pets).

(f)

At Large means any animal, except working animals, when off the premises of the owner and not under restraint of leash and physical control by a responsible party.

(g)

Working Animal means any dog employed by a law enforcement agency during duty hours or training, any specifically trained guide dog or service dog performing their specifically trained tasks, any dog currently active in a search and rescue team for purposes of training or rescue, specifically trained herding dogs or hunting dogs being used for their specific purpose.

(h)

Wild Animal means any animal which is by its natural state wild and not considered a pet, like a dog or cat. Also excluded are "Domestic Animals".

(i)

Leash means any rope, leather strap, chain, or other material not exceeding six (6) feet in length, being held in the hand of any capable person, for the purpose of controlling the animal.

(j)

Cat shall mean a domestic cat (Felis Catus).

(k)

Feral Cat shall mean a domestic cat that lives in a wild state without the benefit of close human interaction.

(l)

Community Cat shall mean a domestic cat that has been abandoned by its owner or strayed from its owner, and is currently living in a wild state.

(m)

Cat Caregiver shall mean a person who maintains a free roaming or confined cat colony, as the case may be, subject to a cat colony permit and in accordance with established professional standards approved by the Director of Animal Care and Control, that include, but are not limited to, spaying/neutering, vaccinating, and feeding. Such person shall be considered the animal owner for purposes of this article.

(n)

Cat Colonies:

(1)

Free Roaming Cat Colony shall mean five (5) or more community/feral cats over the age of four (4) months who establish, inhabit, and control a territory in common, but which are maintained by a cat caregiver.

(2)

Confined Cat Colony shall mean five (5) or more cats of any distinction that are kept confined at all times in a house, enclosed barn, or other such structure, but are maintained by a cat caregiver.

(o)

Lawful Fence shall mean any fence which is strong, substantial, and sufficient to prevent the ingress or egress of the animals it is meant to contain within its boundaries.

(p)

Proper Care shall mean:

(1)

The provision of food that is free of contamination and of sufficient quality and nutritive value to meet the known normal daily requirements for the condition and size of the animal.

(2)

The provision of water receptacles which are kept clean and have fresh water provided at all times.

(3)

The removal of excrement from primary enclosures at least once a day, or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and doors.

(4)

The maintenance of premises in a clean condition and in good repair in order to protect the animals from injury.

(q)

Nuisance Animal means an animal, about which the Animal Care and Control Department has had three (3) or more separate complaints within a six-month period where a verified violation of Chapter 4 of the Lake County Code has occurred and the owner has received a Notice of Violation or Citation for each of the said violations yet failed to correct the nuisance.

(r)

Verified means investigated, documented, and confirmed by the Animal Control Director.

(s)

Assistance Dog means any dog specially trained as guide dog, signal dog, or service dog, as defined in Food and Agricultural Code Section 30850.

(Ord. No. 556, § 1, 1969; Ord. No. 789, § 3, 2-19-74; Ord. No. 878, § 1, 3-1-76; Ord. No. 1502, § 1, 8-27- 85; Ord. No. 2703, § 1, 10-26-2004; Ord. No. 2738, § 1, 7-5-2005; Ord. No. 2920, § 1, 3-9-2010)

(Ord. No. 2979, § 1, 9-4-2012)

of the Government Code, there is hereby

established in this county the office of the Animal Control Director. The Animal Control Director shall be appointed by the Board of Supervisors. Animal Control Officers shall be appointed by the Animal Control Director from a list of eligible candidates. The Animal Control Director and his/her officers shall take and subscribe an oath of office and file the same with the County Clerk.

(1)

To operate the public pound and any branches thereof within the County of Lake at such place or places as may be designated by the Board of Supervisors, provided however, that nothing in this section shall prevent the Board of Supervisors from entering into a contract with any city within the County, Humane Society, or other organization for the operation of a public pound.

(2)

To provide for the sale and issuance of licenses and to enforce all provisions of this article and all laws of the State of California relating to the control of dogs and other animals, domestic or wild.

(3)

Keep a record of the number, description, and disposition of all animals impounded, showing in detail in the case of each animal, the date of receipt, date, manner, and reason for disposal, name of all persons redeeming animals, the fines, charges, and proceeds received on account thereof, and such additional records as may be deemed necessary. A report of all rabies control activities shall be submitted to the Health Officer containing the same information required in section 2606.4, Title 17, California Administrative Code. In the event the pound is operated by a Humane Society or other organization under contract with this county, then the above records shall be kept by said organization and shall be open to inspection by those agents of the county designated in such contract at any reasonable time and shall be delivered to the Animal Control Director on termination of the contract.

Animal Control Department are hereby given the powers of arrest:

(1)

Animal Control Director;

(2)

Animal Control Officers.

The above named officers and employees shall enforce all provisions of this article and all laws of the State of California relating to the control of dogs and other animals, domestic and wild.

his/her officers are hereby authorized and directed to enter upon any enclosed or unenclosed property upon which any animal is kept or found in violation of the provisions of this article, and to demand from the person owning or having charge or control of the animal, exhibition of the license and tag for such animal if it is required to be licensed by this article. No entry shall be made except upon reasonable evidence that such violation is occurring or has in fact occurred.

wear in plain view a badge on which shall be engraved the words, "Animal Control Officer" as is appropriate.

appropriate uniforms for his/her officers; uniform allowances consistent with allowances in other county enforcement agencies; and necessary immunizations. The cost of immunizations shall be a proper county expense.

carry loaded firearms in their vehicles and shall be authorized to carry such firearms on their person only

when necessary to carry out their duties. The Animal Control Director and his/her officers shall not be authorized to routinely carry loaded firearms under any other circumstance except as listed above.

(Ord. No. 556, §§ 1, 2, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1410, § 1, 9-18-84)

(Ord. No. 2979, § 2, 9-4-2012)

Control for the seizure and impoundment of stray, injured, ill, neglected, and abandoned animals and by imposing criminal penalties against the owners or keepers of such animals. Except as provided in Section 8 of this article, all public pounds shall be conducted pursuant to Penal Code Section 597.1.

(Ord. No. 2230, § 4, 4-19-94)

Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure,

lane, street, square, or lot of Lake County without proper care and attention is guilty of a misdemeanor. An animal control officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to return to the owner.

(Ord. No. 2230, § 4, 4-19-94)

health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and shall comply with all postseizure hearing provisions of Section 3.4 herein. The officer shall, prior to commencing criminal proceedings, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment or both.

(Ord. No. 2230, § 4, 4-19-94)

(a)

The impounding officer shall cause a notice to be fixed to a conspicuous place where the animal was situated or shall personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within forty-eight (48) hours, excluding weekends and holidays. This notice shall include all of the following:

(1)

Impounding Officer information: name, Identification, phone, address;

(2)

Description of animal(s) seized;

(3)

Authority and purpose of the seizure: including time, date, place;

(4)

A statement indicating that the owner/keeper has ten (10) days, including weekends and holidays, to provide the impounding officer with a written and signed declaration of their right to ownership. This declaration may be personally delivered or returned by mail.

(5)

A statement indicating that the cost for caring and treating any animal properly seized under this section is a lien on the animal, and that the animal will not be returned until said costs are paid in full. Failure to request or attend a hearing will result in liability for the cost.

(b)

The post-seizure hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The Department of Animal Control may authorize its own officer or employee to conduct the hearing, but such a hearing officer may not be the same person who directed the seizure or impoundment of the animal and may not be junior in rank to that person. The Department of Animal Control may utilize the services of an outside hearing officer for the purposes of complying with this section.

(c)

Failure of the owner/keeper, or his/her agent, to request or attend a scheduled hearing shall result in forfeiture of any right to a post-seizure hearing and any right to challenge his/her ability for costs incurred.

(d)

If the seizure by an Animal Control Officer is determined in the post-seizure hearing to be unreasonable, the Department of Animal Control shall be responsible for all costs incurred in the care and treatment of the animal. If it is determined that the seizure was justified, the owner/keeper shall be personally liable to the Department of Animal Control for the cost of the seizure and the care of the animal, the charges for the seizure and care of the animals shall be a lien on the animal, and the animal shall not be returned until the charges are paid and the Department of Animal Control or hearing officer, if such officer is selected from outside the department, has determined that the animal is physically fit or the owner/keeper demonstrates to the satisfaction of the Department of Animal Control or hearing officer that the owner can and will provide the necessary care.

(Ord. No. 2230, § 4, 4-19-94)

(Ord. No. 2979, § 3, 9-4-2012)

lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide for the care and treatment of that animal until it is deemed to be in a suitable condition to return to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of an animal or the health and safety of others, the officer shall immediately seize the animal and comply with the provisions of Section 4-3.4 herein. In all

other cases, the officer shall comply with the provisions of Section 3.6 regarding Preseizure Hearing Procedures.

(Ord. No. 2230, § 4, 4-19-94)

(a)

When the need for immediate seizure is not present and prior to the commencement of criminal proceedings, the Animal Control Director shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal.

(Ord. No. 2230, § 4, 4-19-94)

(b)

The Office of Animal Control shall comply with all notice requirements delineated in Section 4-3.4 herein.

(Ord. No. 2230, § 4, 4-19-94)

(c)

The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the Animal Control Director to view the animal upon request of the Director, or unless the owner can provide verification that the animal was humanely destroyed.

(Ord. No. 2230, § 4, 4-19-94)

herein is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00).

(Ord. No. 2230, § 4, 4-19-94)

lien on the animal, and the animal shall not be returned to its owner until the charges are paid.

(Ord. No. 2230, § 4, 4-19-94)

(a)

Every sick, disabled, infirm, or crippled animal, except a dog or cat, which is abandoned in the unincorporated areas of the County may be killed by the officer, if, after a reasonable search, no owner of the animal can be found.

(Ord. No. 2230, § 4, 4-19-94)

(b)

An animal control officer may, with the approval of the Animal Control Director, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to destroy the animal.

(Ord. No. 2230, § 4, 4-19-94)

(a)

An animal control officer shall convey all injured dogs and cats found without their owners in a public place directly to a veterinarian known by the officer to treat dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. If the veterinarian clinic to which the dog or cat is taken is not in continuous operation, the veterinarian may transfer the animal to another appropriate facility. If the owner does not redeem the animal within five (5) days, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the Animal Control Director has been contacted and refuses to take possession of the animal.

(Ord. No. 2230, § 4, 4-19-94)

(b)

If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services which are provided pending the owner's inquiry to the Animal Control Director shall be paid pursuant to the requirements of Penal Code Section 597.1, subdivision (c).

(Ord. No. 2230, § 4, 4-19-94)

(c)

A veterinarian may humanely destroy an impounded animal without regard to the prescribed fourteen (14) day holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled.

(Ord. No. 2230, § 4, 4-19-94)

(d)

A veterinarian may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.

(Ord. No. 2230, § 4, 4-19-94)

(e)

No veterinarian shall be criminally or civilly liable for any decision made as to the services to be provided to an animal under this section.

(Ord. No. 2230, § 4, 4-19-94)

(14) days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the animal control officer.

(Ord. No. 2230, § 4, 4-19-94)

personally liable to the Office of Animal Control for the cost of the seizure and care of the animal. If the charges for the seizure or impoundment and any other charges permitted under this section are not paid within fourteen (14) days of the seizure, or if the owner, with fourteen (14) days notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the animal control officer.

(Ord. No. 2230, § 4, 4-19-94)

determination of the Animal Control Director or the hearing officer, the animal is physically fit or the owner can demonstrate to the satisfaction of the Animal Control Director or hearing officer that the owner can and will provide the necessary care.

(Ord. No. 2230, § 4, 4-19-94)

impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the Animal Control Director for proper disposition.

(Ord. No. 2230, § 4, 4-19-94)

Control for all costs of impoundment from the time of seizure to the time of proper disposition. This section does not prohibit the seizure or impoundment of animals as evidence as provided for under any provision of law.

(Ord. No. 2230, § 4, 4-19-94)

Editor's note— Prior to its amendment by Ord. No. 2230, § 4, § 3 was derived from Ord. Nos. 556, 789, 878, 1502, and 1669.

Such

fees shall be set and amended from time to time by ordinance of the Board of Supervisors.

(Ord. No. 556, § 3, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 2626, § 1, 3-5-2003)

(a)

Provided, however, that notwithstanding the provisions of this provision, any organization contracting with this County for the maintenance of a public pound shall make charges for feed and care as are provided by such contract.

(Ord. No. 556, § 3, 1969)

animals in bona fide homes or for other disposal, when such service is requested by the owner of the animal, but shall not charge less than the reasonable cost of such services, provided, however, that upon the Animal Control Director's written certification that such charges in a given case would probably result in the abandonment of an animal, he may accept such animal from its owner without charge. No schedule of charges established hereunder shall be effective unless and until the same is approved by the Board of Supervisors.

(Ord. No. 556, § 3, 1969; Ord. No. 878, § 1, 3-1-76)

of this article should be retained by the County to facilitate investigation, prosecution or other enforcement of this article or other County or State Law, he may refuse to permit redemption of the animal until, in his opinion, the need for retention no longer exists. The cost of such retention, but not including any damages claimed by the owner, shall, after attempted redemption by the owner, be borne by the County.

(Ord. No. 556, § 3, 1969; Ord. No. 878, § 1, 3-1-76)

redemptions, and other services performed by the Lake County Animal Control Department. The fees and charges established herein are subject to change at any time and will not necessitate amendment of this ordinance if the increase is due to either of the following conditions: 1) as required by State law, and/or 2) if the increase is no more than the annual increase for the previous calendar year of the Consumer Price Index ("CPI") for all urban consumers in the San Francisco-Oakland-San Jose areas as published by the U.S. Bureau of Labor Statistics. A temporary decrease in fees is permitted when, in the opinion of the Animal Control Director, there is a need to facilitate low-fee adoptions because the resources of the facility are overtaxed due to overcrowding. Unless otherwise specified, the Animal Control Department shall collect the fees, charges, and deposits set forth below before issuing licenses, allowing redemption and performing other Animal Control Services. Fifty dollars ($50.00) of all fees collected for unaltered unregistered dogs shall be deposited in the Spay Neuter Program Fund for use in advancing the County of Lake's efforts to ensure responsible pet ownership through programs associated with the spaying and neutering of dogs and cats.

A.

Dog and Cat Licensing Fees .....

Altered Dogs .....$20.00

Unaltered Exempt Dogs .....$50.00

Unaltered Non-Registered Dogs .....$75.00

Altered Cats .....$4.00

Unaltered Cats .....$10.00

Late Payment Fee .....$20.00

Dangerous Dog Fee .....$50.00

Transfer/Replacement Fee .....$5.00

B.

Redemption Fees .....

Dog Impound (1st time) .....$40.00

Dog Impound (2nd time) .....$100.00

Dog Impound (3rd time) .....$150.00

Cat Impound .....$20.00

Daily Food and Care .....$12.00

Lg. Livestock Impound (< 100 lbs) .....$80.00

Sm. Livestock Impound (> 100 lbs) .....$50.00

Livestock Daily Food and Care .....$25.00

C.

Adoption Fees .....

Dog .....$30.00

Dog Neuter (< 40 lbs) .....$80.00

Dog Neuter (> 40 lbs) .....$90.00

Dog Spay (< 30 lbs) .....$80.00

Dog Spay (30—60 lbs) .....$100.00

Dog Spay (> 60 lbs) .....$120.00

Cat .....$20.00

Cat Neuter .....$45.00

Cat Spay .....$60.00

Chicken/Duck .....$10.00

Rabbit .....$20.00

Goat/Sheep/Pig/Emu/Other small stock .....$45.00

Lg. Livestock deemed sound by vet .....BID

Lg. Livestock needing special care .....$75.00

[1.]

Rescue/Income Qualified Surgery Fees .....

Cat Neuter .....$55.00

Cat Spay .....$65.00

Dog Neuter (< 40 lbs) .....$80.00

Dog Neuter (> 40 lbs) .....$90.00

Dog Spay (< 30 lbs) .....$80.00

Dog Spay (30—60 lbs) .....$100.00

Dog Spay (> 60 lbs) .....$120.00

[2.]

Pitbull Altering Program .....

Dog Neuter .....$60.00

Dog Spay .....$80.00

(Zeuterin Sterilization available as an alternative at a $10.00 discount)

D.

Owner Surrender Fees .....

Dog .....$50.00

Litter .....$55.00

Cat .....$40.00

Litter .....$45.00

Fowl .....$5.00

Sm. Livestock (< 100 lbs) .....$50.00

Lg. Livestock (100—500 lbs) .....$175.00

Lg. Livestock (> 500 lbs) .....$400.00

E.

Pickup Fees .....

Field Service Fee .....$30.00

F.

Owner Request Euthanasia .....

Small Rodents .....$10.00

Dog .....$50.00

Cat .....$40.00

Large Animal (< 200 lbs) .....$75.00

G.

Cremation Services .....

1—10 Pounds .....$55.00

11—30 Pounds .....$65.00

31—60 Pounds .....$75.00

61—90 Pounds .....$85.00

91—120 Pounds .....$95.00

120 Pounds and up .....$120.00

H.

Quarantine .....

Quarantine Fee (unvaccinated animals) .....$50.00

Daily Food and Board .....$20.00

I.

Kennel License/Cat Colony Permit Fees Yearly .....

5—7 Dogs .....$100.00

8—15 Dogs .....$200.00

16—Over .....$300.00

License Fee for each dog over 16 .....$7.00

Cat Colony Permit .....$20.00

Late Fee .....$15.00

J.

Senior Citizen Fees .....

County Adoption Fee .....$10.00

Owner Requested Euthanasia .....$20.00

Cremation Services .....50% Discount

Pet License Fee (altered only) .....$10.00

K.

Special Services .....

Micro Chipping .....$20.00

Heartworm Testing .....$10.00

FELV/FIV Testing .....$20.00

Dog/Cat Vaccine .....$12.00

Bordatella Vaccine .....$15.00

Rabies Vaccine (at cost) .....$8.00

Vet Care Services

Level 1 .....$25.00

Level 2 .....$50.00

Level 3 .....$100.00

Level 4 .....$250.00

Pet ID Tags .....$8.00

Cat Carriers .....$5.00

Dead Animal Disposal (< 100 lbs) .....$15.00

Dead Animal Disposal (> 100 lbs) .....$30.00

E Collars .....$10.00

L.

Pet Memorials .....

Memorial Stones .....$25.00

Pet Urns .....$20.00

(Ord. No. 2704, § 1, 10-26-2004; Ord. No. 2844, § 1, 11-6-2007; Ord. No. 2914, § 1, 12-15-2009; Ord. No. 2968, § 1, 1-10-2012; Ord. No. 2979, § 4, 9-4-2012; Ord. No. 3019, §§ 1—6, 12-9-2014; Ord. No. 3046, § 1, 8-2-2016)

county and investigate or impound:

(a)

Any animal not having attached to its body a current license tag where such is required by this article.

(b)

Any animal when there is reason to believe said animal has been abandoned by the owner thereof.

(c)

Any animal found trespassing on public or private property when such animal has destroyed anything of value on said property.

(d)

Any female dog running at large while in heat.

(e)

Any vicious animal not under the immediate control of its owner or keeper.

(f)

Any dog trespassing upon any farm whereon livestock or domestic fowl are kept.

(g)

Any animal staked or tied on any street or other public place or upon any private property without consent of the owner or occupant thereof, provided that this provision shall only be enforced upon complaint of an interested party.

(h)

Any animal when, in the opinion of the Animal Control Director, such taking up is necessary for the health and safety of the community.

(i)

Any animal at large in violation of any law of this state.

(j)

Any animal when such impounding is, in the opinion of the Animal Control Director, necessary to facilitate investigation, prosecution, or enforcement of this article or any other law of this county or state.

controlling any animal:

(a)

To refuse to display said animal to the Animal Control Director upon his reasonable request.

(b)

To refuse to obey the conditions of a lawfully imposed quarantine.

(c)

To own, harbor, or control any such animal which:

(1)

Is abandoned in any unincorporated area of this County.

(2)

Is trespassing on public or private property so as to damage or destroy anything of value thereon, or to commit a nuisance thereon.

(3)

Is running at large when he knows or should know that said animal is a threat to the community.

(4)

In the case of a female dog, is running at large or remaining accessible to other dogs running at large while said female dog is in heat or breeding condition.

(5)

Is trespassing on any farm whereon livestock or fowl are kept.

(6)

Is staked or tied on any street or other public place, or upon any private property without the consent of the owner or occupant thereof, provided that this provision shall only be enforced upon complaint of an interested party.

(7)

Is under four (4) months of age and running at large.

(8)

In the case of a dog required to be licensed pursuant to this article has attached to said dog a license issued by the County or any other county or city in the state for the current or immediately preceding year when said license was not issued for said dog.

(9)

In addition to other provisions contained herein, is at large or pastured or kept on any street or other public place or private property against the wishes of the owner or occupant, or in any manner or place to the injury of the owner or occupant of any other property. As used in this section, "at large" means an animal not under restraint by leash, not in an enclosed area, or not under the direct control of the owner. A hunting dog is presumed to be under direct control of its owner when performing in the act of legally hunting game or within the confines of its owner's property. A stock dog is presumed to be under direct control of its owner when performing its herding duties.

(10)

Is not confined by a lawful fence.

affected residents, from three (3) or more different households, that an animal is a habitual nuisance by reason of its barking, howling, or making other noise with such frequency and in such a manner as to disturb the peace of the immediate neighborhood, he shall investigate and if he finds such condition to exist, he shall serve notice in writing to abate the same upon the person owning, keeping, or harboring such animal. Failure to so abate said condition within ten (10) days after receipt of said notice shall constitute a separate offense punishable as provided in Section 10 of this article.

upon his own premises; provided, however, that such dog may be off such premises if it be under the control of a competent person and restrained by a substantial chain or leash not exceeding six (6) feet in length. The following exceptions are permitted, provided the dog does not present a hazard to public safety and welfare, does not trespass upon private property, cause a nuisance, or violate any other provision of this section or state law:

(a)

Lawful hunting.

(b)

Livestock herding and control on public lands.

(c)

An animal being used by peace officers in the pursuit of their duties.

(d)

Organized field trials.

(e)

Tracking, obedience training, or other recognized work activities when under the direct control of the owner or handler.

(Ord. No. 556, § 4, 1969; Ord. No. 720, § 1, 12-4-72; Ord. No. 878, § 1, 3-1-76; Ord. No. 1110, § 1, 10-16- 79; Ord. No. 1502, § 3, 8-27-85; Ord. No. 2738, § 2, 7-5-2005)

(Ord. No. 2979, § 5, 9-4-2012)

from the Animal Control Director and shall pay therefor a fee in the amount established by the Board of Supervisors, plus any additional fee required under Section 8 of this article.

Four dollars ($4.00) of the license fee collected for all dogs which are not spayed or neutered shall be applied to the County's spay or neuter program established in Section 4-13 hereunder. All licenses issued hereunder shall expire one year after their date of issuance. Any license which was properly issuable more than thirty (30) days prior to the actual date of issuance under the provisions of this section or Section 6.2 shall be subject to a Late Payment Fee in an amount established by the Board of Supervisors.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1343, § 1, 9-13-83; Ord. No. 1572, § 1, 5-27- 86; Ord. No. 1729, § 2, 4-19-88; Ord. No. 1970, § 1, 10-23-90; Ord. No. 2626, § 2, 3-25-2003)

any owner whose dog reaches the age of four (4) months, or any owner of a dog for which an individual license was not theretofore required shall procure a license for such dog from the Animal Control Director within a period of thirty (30) days after such dog is brought into the unincorporated area of this County. Provided, however, that as to any dog brought into the unincorporated area of this County to which there is attached a license issued by a county or city in the State for the current or immediately preceding year, the license shall be obtained within sixty (60) days after said dog is brought into the County.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1572, § 2, 5-27-86)

preceding year the license shall be subject to such other penalties as may be duly imposed for violation of this section.

(Ord. No. 556, § 5, 1969)

shop, unless otherwise exempt, shall annually procure and maintain a valid and unexpired kennel license from the Animal Control Director. Application for such kennel license shall be made on the form provided by the Animal Control Director. No kennel shall be hereinafter established unless the person proposing to act as kennel operator shall first apply for, receive, and maintain a kennel license pursuant to this article. All kennel licenses issued hereunder shall expire one year after their date of issuance.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1572, § 3, 5-27-86)

approved by the Animal Control Director as meeting the appropriate standards set forth in provision 6.8 below. No such inspection shall be a prerequisite to renewal of kennel or pet shop licenses and the fact of such renewal shall not be construed as an approval of the conditions of the kennel or the manner in which it is operated.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76)

a properly completed application and payment of the fee established by the Board of Supervisors. The Animal Control Director shall not issue an original kennel or pet shop license until the Community Development Department has certified that the zoning regulations of the County permit the maintenance of a kennel at the proposed location. No kennel license shall be issued unless the applicant therefor displays at the time of application, certificates showing that all dogs permanently kept in said kennel have been vaccinated against rabies. Any license which was properly issuable more than thirty (30) days prior to the actual date of issuance shall be subject to a Late Payment Fee as established by the Board of Supervisors.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1343, § 2, 9-13-83; Ord. No. 1572, § 4, 5-27- 86; Ord. No. 2626, § 3, 3-25-2003)

charge license tags corresponding to the number of dogs for which the kennel licensed was issued, except that all license tags in excess of sixteen (16) shall only be issued upon payment of an additional fee. The fee shall be the same amount charged for replacement license tags. No dog kept by said kennel shall be taken therefrom without having attached to its body a tag issued pursuant to this provision unless said dog is otherwise licensed and has attached to it a tag issued pursuant to this article.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1636, § 1, 4-7-87)

permit the premises to be kept in a clean and sanitary condition; constructed so as to prevent animals confined therein from running at large; maintained in a clean and sanitary condition and conducted in such a manner that they will not cause detriment or nuisance in the immediate neighborhood. Periodic inspections of licensed kennels and pet shops shall be made by the Animal Control Director at such intervals as he deems necessary. Such inspections may also be made by the Health Officer or his designated agent at the request of the Animal Control Director or on his own initiative. Inspecting officers shall use reasonable caution to prevent contamination of any pet shop or kennel during inspection.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76)

pet shop license, the Animal Control Director or Health Officer shall report such facts to the Board of Supervisors with a recommendation that such permit be revoked. The licensee's refusal to permit reasonable inspection to the licensed premises by the Animal Control Director, or his failure to make the premises available for inspection after reasonable notice shall constitute a valid ground for revocation. After receipt of such recommendation and upon ten (10) days' written notice of the time and place thereof, the Board of Supervisors shall hold a hearing on the recommendation and at the conclusion thereof may permit the continued operation under the permit or revoke the permit. Should the Board revoke the permit it may direct that no similar permit be issued to the licensee for a period not to exceed one year following the revocation. The action of the Board of Supervisors shall be final. This section shall not be interpreted to limit any power granted the Health Officer under any other provision of law.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76)

this article, or any other license issued pursuant to this Chapter, the new owner shall apply to the Animal Control Director for the transfer of said license to his/her name. Such transfer shall be subject to a fee in an amount established by the Board of Supervisors. The fact of said transfer shall not be construed as an approval of the condition of any kennel or the manner in which it is observed.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1343, § 3, 9-13-83; Ord. No. 2626, § 4, 3-25- 2003)

6.12—6.15 Reserved.

Editor's note— Sections 4-6.12—4-6.15, derived from Ord. No. 759, § 4, adopted Mar. 19, 1974, and Ord. No. 878, § 1, adopted Mar. 1, 1976, were repealed by § 4 of Ord. No. 1110, adopted Oct. 16, 1969.

The

Animal Control Director shall keep a file of all applications made, pursuant to this article. Fees shall be paid at the time said application is filed with the Animal Control Director.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76)

(a)

No tags shall be issued until the applicant has also exhibited to the Animal Control Director a certificate of vaccination certifying that the dog has been vaccinated in compliance with this article.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 34-76)

(b)

If any person applies to license a dog under this article and pays all fees required but thereafter fails to exhibit to the Animal Control Director the certificate of vaccination within thirty (30) days after his application was filed, that person shall forfeit the fees paid and shall be required to reapply and pay the fees due as if no application had been made previously.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76)

to the dog for which the license is issued and shall be attached in a clearly visible manner.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1343, § 4, 9-13-83)

(a)

In the event the license tag becomes lost from the body of any dog for which the same was issued, the owner shall within thirty (30) days procure a duplicate license for said dog from the Animal Control Director upon payment of the fee in the amount established by the Board of Supervisors.

(Ord. No. 556, § 5, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1343, § 4, 9-13-83; Ord. No. 2626, § 5, 3-25- 2003)

control program related to rabies control. The Animal Control Director shall, in addition to continued cooperation with the Health Officer in this area, provide adequate time in which the Health Officer shall instruct the Animal Control Directors Deputies and assistants in the detection and control of rabies.

(Ord. No. 556, § 6, 1969; Ord. No. 878, § 1, 3-1-76)

County of Lake any dog over the age of four (4) months if such dog has not been vaccinated as provided herein.

(Ord. No. 556, § 6, 1969)

anti-rabies vaccine, administered by a licensed veterinarian.

(Ord. No. 556, § 6, 1969; Ord. No. 878, § 1, 3-1-76)

have or suspected of having rabies shall immediately notify the Animal Control Director. It shall be unlawful for any person having such information to refuse to disclose the same after demand therefor by the Health Officer, Animal Control Director or their deputies.

(Ord. No. 556, § 6, 1969; Ord. No. 878, § 1, 3-1-76; Ord. No. 1110, § 2, 10-16-79)

Officer who shall direct the Animal Control Director as to the immediate disposition of the animal and shall thereafter cause an inspection or examination of such animal to be made until the existence or non- existence of rabies in such animal is established, such animal shall be kept isolated in a pound, veterinary hospital or other adequate facility, in a manner approved by the Health Officer and shall not be killed, or released or disposed of in any other manner except on direction of the Health Officer. The Health Officer or his duly authorized representative is hereby authorized and empowered upon reasonable evidence that an animal with symptoms of rabies is present to enter upon private property where any dog or other animal is kept or believed by him to be kept for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies.

(Ord. No. 556, § 6, 1969; Ord. No. 878, § 1, 3-1-76)

rabies, whether or not the animal is suspected of having rabies. Any animal which bites or otherwise exposes a person or other animal shall, in the discretion of the Health Officer, be isolated for such time and under such conditions as may be directed by the Health Officer.

(Ord. No. 556, § 6, 1969)

proper charge against funds budgeted for animal control, provided however, that in the case of rabies, where it cannot be proven that a dog so impounded, has been vaccinated against rabies as required by law, then the owner of such dog shall pay all expenses of such impounding.

(Ord. No. 556, § 6, 1969)

Administrative Code of the State of California relating to rabies shall control when said provisions are more stringent than those provided in this article.

(Ord. No. 556, § 6, 1969)

Director with a copy of each official rabies certificate within thirty (30) days after the vaccination. Any person violating the requirements of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both fine and imprisonment.

(Ord. No. 1500, § 1, 8-27-85)

(Ord. No. 2979, § 6, 9-4-2012)

provision 6.2. No guide dog shall be destroyed except upon written direction of the Health Officer.

(Ord. No. 556, § 8, 1969)

or immediately preceding year to a dog when such person knows or should know that said license was not issued for said dog.

(Ord. No. 556, § 8, 1969)

No parent

shall allow or knowingly permit a minor child to incite any animal to vicious acts or to tease any animal.

(Ord. No. 556, § 8, 1969)

Officer, or any of their deputies in the exercise of their duties as imposed by this article.

(Ord. No. 556, § 8, 1969; Ord. No. 878, § 1, 3-1-76)

area of this County for the purpose of selling said animals alive for profit unless said person shall first file with the Health Officer a complete statement of such contemplated activities and thereafter comply with such rules and regulations relating to rabies control as may be prescribed by the Health Officer.

(Ord. No. 556, § 8, 1969)

hundred dollars ($100.00); or as a misdemeanor by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 556, § 7, 1969; Ord. No. 1110, § 3, 10-16-79)

any portion of those duties imposed upon the Animal Control Director. Provision may be made in said contract for appointment and compensation of the Animal Control Director other than as provided in provision 2.1 but no person appointed by such organization shall become a Peace Officer as provided by provision 2.3 until such person has been approved by the Board of Supervisors. Any contract executed pursuant to this provision which provides that the impounding function shall be handled by other than the Animal Control Director shall provide that such agency shall make adequate provisions for receiving animals from the Animal Control Director or his deputies during regular business hours.

(Ord. No. 556, § 8, 1969; Ord. No. 878, § 1, 3-1-76)

services as are provided in this article to the unincorporated area of the County.

(Ord. No. 556, § 8, 1969)

giveaway any dog or cat that has not been spayed or neutered, unless a deposit for spaying or neutering the animal has been tendered to the pound or shelter. The deposit shall be in an amount determined by the pound or shelter to be comparable to the lowest fee charged by veterinarians in the locale, but shall not exceed the amount established by the Board of Supervisors. The pound or shelter shall return the deposit to the person purchasing or receiving the animal upon presentation or a written statement or receipt from the veterinarian or clinic that the animal has been spayed or neutered. The deposit may also include an amount necessary to recover any additional costs under this section.

shall be spayed or neutered within thirty (30) days, or the deposit shall be deemed unclaimed. Any dog or cat six (6) months of age or younger at the time it is sold or given away by the pound or shelter shall be spayed or neutered within thirty (30) days after reaching the age of eight (8) months, or the deposit shall be deemed unclaimed.

Fund.

(Ord. No. 1502, § 4, 8-27-85; Ord. No. 2626, § 6, 3-25-2003)

(Ord. No. 2979, § 7, 9-4-2012)

population of unwanted dogs.

(Ord. No. 1572, § 5, 5-27-86; Ord. No. 1729, § 1, 4-19-88)

be eligible to participate in the program established by this section.

(Ord. No. 1572, § 5, 5-27-87; Ord. No. 1729, § 1, 4-19-88)

owner's costs of a spay or neuter surgical operation if said owner provides the Animal Control Director, within thirty (30) days of the qualifying spay or neuter surgical operation, a certificate of spay or neuter and a copy of the receipt of the veterinarian charges for the spay or neuter operation.

(Ord. No. 1572, § 5, 5-27-86; Ord. No. 1729, § 1, 4-19-88)

13.3 shall receive a reimbursement in the amount of one-half of the actual spay or neuter surgical fee charged by the veterinarian, however, in no case shall any reimbursement exceed sixty dollars ($60.00). Said reimbursement shall be limited to surgical fees only and shall not include other fees or supplies.

(Ord. No. 1572, § 5, 5-27-86; Ord. No. 1729, § 1, 4-19-88)

(a)

"Vicious animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behaviors:

(1)

An attack, without provocation which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully;

(2)

An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal;

(3)

An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully;

(4)

Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such a person is conducting himself peaceable and lawfully.

For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by laws of the state or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, expressed or implied.

(b)

"Vicious animal" also means an animal which has been found to be a vicious animal pursuant to Section 4- 14.4 of this chapter.

(Ord. No. 1710, § 1, 12-15-87)

It is unlawful for the owner and/or possessor of a vicious animal to maintain the

animal within the unincorporated area of Lake County unless it is penned, muzzled or otherwise confined so that it cannot bite, attack or cause injury to any person or other animal.

(Ord. No. 1710, § 1, 12-15-87)

A vicious animal in violation of this chapter constitutes a public

nuisance.

(Ord. No. 1710, § 1, 12-15-87)

(a)

Investigation. Whenever the Animal Control Director has reasonable cause to believe a vicious animal is being maintained within the unincorporated area of Lake County, the Animal Control Director shall conduct an investigation.

(b)

Findings And Notice Of Abatement Order. If, upon investigation, the Animal Control Director finds that the animal is vicious as defined in Section 4-14.1 of this chapter, the animal owner and/or possessor shall be personally served or served by mail with an abatement order summarizing the results of the investigation. If the owner and/or possessor cannot be ascertained and located, an abatement order shall be served by posting the abatement order on the property where the animal was found. The abatement order may impose conditions and restrictions for maintenance of the animal pursuant to subsection (c) of this section. The abatement order shall state that the owner and/or possessor of the animal has five days from the date of service thereof to comply with the order or to file a request for a hearing before the Board of Supervisors. If the owner and/or possessor fails to file a timely appeal, the abatement order of the Animal Control Director shall become final. Filing of a timely appeal shall stay the abatement order until a determination is made by the Board of Supervisors pursuant to subsection (d) of this section.

(c)

Restrictions and Conditions for Maintaining a Vicious Animal. The abatement order may impose restriction and conditions for maintaining a vicious animal to protect the public safety and the safety of other animals. Such conditions may include, but are not limited to, the following:

(1)

Written proof (a true copy) of a public liability insurance policy in the single incident amount of $50,000 for bodily injury or death of any person(s) or for damage to property which may result from the ownership or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy be made unless ten (10) days written notice is first given to the Lake County Department of Animal Control;

(2)

Requirements as to size, construction and design of an enclosure for such animal;

(3)

Requirements as to the location of such animal's residence;

(4)

Requirements as to the type and method of restraints and/or muzzling of such animal;

(5)

Photographing of such animal for purposes of identification.

(d)

Hearing Upon Appeal. If the owner files a timely appeal pursuant to subsection (b) of this section, a hearing shall be conducted before the Board of Supervisors who shall decide whether to sustain, modify or overrule the abatement order. The owner and/or possessor shall be served in person or by mail with the decision of the Board of Supervisors.

(Ord. No. 1710, § 1, 12-15-87)

(a)

It is unlawful for an owner and/or possessor to fail to comply with an abatement order issued pursuant to Section 4-14.4 unless a timely appeal is filed and pending in accordance with Subsection 4-14.4(b).

(b)

In the event that an owner and/or possessor fails to comply with an abatement order, the Animal Control Director may take one or more of the following actions:

(1)

Cite the owner and/or possessor of the animal for violation of this chapter. Each day that a violation occurs is a separate offense;

(2)

Refer the matter to the District Attorney or County Counsel for prosecution of the alleged violation or for abatement of the public nuisance;

(3)

Impound the animal in accordance with the procedures specified herein. The owner and/or possessor may redeem an impounded animal prior to its final disposition by the Animal Control Director in accordance with the provisions of this chapter provided that the owner and/or possessor agrees to comply and is able to comply with the abatement order and has paid all applicable fees and charges. In the event an owner and/or possessor does not file a timely appeal in accordance with subsection 4-14.4(b) or redeem an impounded animal within fourteen (14) days after a written notice has been sent to the last address of the owner as shown on the licensing/abatement records, notifying said owner that said vicious animal will become the property of the County of Lake and will be humanely destroyed unless redeemed within fourteen (14) days after the mailing date of the notice, the Animal Control Director shall humanely destroy the subject vicious animal. Said written notice shall also advise the owner and/or possessor of their right to a hearing and an opportunity to be heard on the question of whether their animal should become the property of the County of Lake and be humanely destroyed. The notice shall be served upon the owner and/or possessor either personally or by registered or certified mail, return receipt requested.

(Ord. No. 1710, § 1, 12-15-87; Ord. No. 1785, § 1, 10-11-88; Ord. No. 1886, § 1, 9-19-89)

(a)

Notwithstanding the provisions of Section 4-14.5, the Animal Control Director may immediately seize and impound a vicious animal for any of the following reasons:

(1)

The animal is at large or is otherwise in violation of this chapter;

(2)

Whenever the owner and/or possessor consents to immediate impoundment of the animal;

(3)

The Animal Control Director reasonably believes that immediate impoundment is necessary for preservation of the public's health or safety, the safety of other animals or the animal involved. Relevant factors in making this determination include whether the animal has attacked and caused serious bodily injury to a person or animal, whether the owner and/or possessor has suffered or permitted the animal to run at large and whether the animal owner and/or possessor is immediately willing and able to confine the animal as required in Section 4-14.2 of this chapter.

(b)

Whenever an animal is immediately impounded without serving a preseizure notice on the owner or keeper pursuant to Section 4-3.6, the Animal Control Director shall comply with the procedures for immediate impoundment specified in Section 4-3.7 of this chapter.

(c)

If a hearing is requested by the owner or keeper on the question of whether their animal was lawfully seized, it shall be conducted by the Board of Supervisors and shall be scheduled no later than fourteen (14) days after the date the appeal is filed. The decision of the Board of Supervisors shall be based on the weight of the evidence and shall be final. The owner and/or possessor shall be given notice of the decision in person or by mail. The Board of Supervisors shall determine whether the impoundment and/or destruction are authorized under this chapter. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the County. If the animal is determined to be a vicious animal, it may either be handled by bringing action against the owner of such animal pursuant to Civil Code Section 3342.5, or released with conditions, or humanely destroyed.

(Ord. No. 1710, § 1, 12-15-87)

The owner and/or possessor of a vicious animal

which has been the subject of an abatement order shall notify the Animal Control Director within ten (10) days of making a change in the residence or ownership of the animal and provide the new residence address and, when applicable, the name of the new owner. The owner or possessor is also required to provide a copy of the abatement order to the new owner on or before transfer of ownership of the animal.

(Ord. No. 1710, § 1, 12-15-87)

The owner/possessor of a

vicious animal may, after three (3) years of acceptable compliance, petition for a hearing before the Board of Supervisors in order to request a modification or removal of their existing vicious animal order.

(Ord. No. 2939, § 1, 2-15-2011)

provide care to a feral cat colony unless that person first obtains from the Director of Animal Control, a cat colony permit (free roaming or confined) and agrees to the following conditions:

(a)

To feed and water the colony daily.

(b)

To trap the cats over eight (8) weeks of age and have them spayed, neutered, rabies vaccinated, and ear clipped.

(c)

To test those cats in need of testing for FIV/FELV and to either humanely euthanize or confine separately, all cats that test positive.

of Animal Control. The cat colony permit shall be issued to the cat caregiver responsible for the cat colony only after the applicant has satisfied all of the care standards approved by the Director of Animal Control. The cat colony permit shall contain the following information:

(a)

Designation as to "free roaming" or "confined" colony.

(b)

The address or location where the colony is to be maintained.

(c)

Authorization from the property owner to maintain a cat colony.

(d)

The name, address, and phone number of the cat colony caregiver.

(e)

The approximate number of cats maintained.

(f)

The date of issuance, along with the date of expiration.

(Ord. No. 2703, § 2, 10-26-2004)

(Ord. No. 2979, § 8, 9-4-2012)

Editor's note— Ord. No. 2979, § 9, adopted Sept. 4, 2012, repealed § 4-16, which pertained to inhumane treatment of animals and derived from Ord. No. 2740, § 2, 7-19-2005.

the age of four (4) months, which has not been spayed or neutered unless the dog or cat is exempt from the provisions of this section pursuant to subsection 17.3 of this section.

days shall be deemed the owner of such dog or cat and shall comply with subsection 17.1 of this section.

(a)

Dogs employed by Law Enforcement Agencies;

(b)

Certified Search and Rescue Dogs;

(c)

Certified Assistance Dogs: Guide, Signal, Service;

(d)

Animals whose health prohibits such a procedure (Veterinarian verified);

(e)

Dogs appropriately trained and used for herding/hunting (AC verified);

(f)

Dogs or cats registered with AKC, UKC, or other recognized organization;

(g)

Dogs or cats boarded in a licensed kennel or business, for the purposes of training or resale.

(Ord. No. 2739, § 1, 7-19-2005)

(Ord. No. 2979, § 10, 9-4-2012)

(a)

Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, create excessive dust, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons;

(b)

Engage in any practices relating to the care and maintenance of an animal which is contrary to proper care, as defined in Section 4-1.1(o) of this chapter.

nuisance as defined in this section exists, the Director may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the Director shall investigate the alleged nuisance; provided, however, that where there is only one (1) person residing or regularly employed within three hundred feet (300) of the alleged public nuisance, written affirmation of only that one (1) person shall be required for the Director to investigate the alleged nuisance. If, upon investigation, the Director determines that a public nuisance exists, the Director may issue an order to the owner of the offending animal directing such nuisance be abated. In the event that the owner does not comply with the abatement order, the Director may pursue administrative penalties pursuant to Article IV of Chapter 13 of this Code or may refer the matter to the District Attorney for prosecution of the public nuisance.

from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law.

(Ord. No. 2797, § 1, 10-24-2006)

(a)

Investigation. Whenever the Animal Control Director has reasonable cause to believe a nuisance animal is within the unincorporated area of Lake County, the Animal Control Director shall conduct an investigation.

(b)

Findings and Notice of Nuisance Abatement Order. If, upon investigation, the Animal Control Director finds that the animal is a nuisance as defined in Section 4-19 of this chapter, the animal owner and/or possessor shall be personally served or served by mail with an abatement order summarizing the results of the investigation. If the owner and/or possessor cannot be ascertained and located, an abatement order shall be served by posting the abatement order on the property where the animal was found. The abatement order may impose conditions and restrictions for maintenance of the animal pursuant to subsection (c) of this section. The abatement order shall state that the owner and/or possessor of the animal has five (5) days from the date of service thereof to comply with the order or to file a request for a hearing before the Board of Supervisors. If the owner and/or possessor (County Code Section 4-1.1(a)) fails to file a timely appeal, the abatement order of the Animal Control Director shall become final. Filing of a timely appeal shall stay the abatement order until a determination is made by the Board of Supervisors pursuant to subsection (d) of this section.

(c)

Restrictions and Conditions For Maintaining a Nuisance Animal. The abatement order may impose restrictions and conditions for maintaining a nuisance animal in a manner which will protect the public safety and the safety of both the nuisance animal and other animals. Such conditions may include, but are not limited to, the following:

(1)

Written proof (a true copy) of a public liability insurance policy in the single incident amount of fifty thousand dollars ($50,000.00) for bodily injury or death of any person(s) or for damage to property which may result from the ownership or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy be made unless ten (10) days written notice is first given to the Lake County Department of Animal Control.

(2)

Requirements as to size, construction and design of an enclosure for such animal.

(3)

Requirements as to the location of such animal(s) residence.

(4)

Photographing, micro chipping and licensing of such animal for purposes of identification.

(5)

Requirements as to ways and means to stop any nuisance from occurring again.

(d)

Hearing Upon Appeal. If the owner files a timely appeal pursuant to subsection (b) of this section, a hearing shall be conducted before the Board of Supervisors who shall decide whether to sustain, modify or overrule the abatement order. The owner and/or possessor shall be served in person or by mail with the decision of the Board of Supervisors.

(a)

It is unlawful for an owner and/or possessor to fail to comply with an abatement order issued pursuant to Section 4-19.1 unless a timely appeal is filed and pending in accordance with Subsection 4-19.1(b).

(b)

In the event that an owner and/or possessor fails to comply with an abatement order, the Animal Control Director may take the following action:

(1)

Impound the animal in accordance with the procedures specified herein. The owner and/or possessor may redeem an impounded animal prior to its final disposition by the Animal Control Director in accordance with the provisions of this chapter provided that the owner and/or possessor agrees to comply and is able to comply with the abatement order and has paid all applicable fees and charges. In the event an owner and/or possessor does not file a timely appeal in accordance with Subsection 4-19.1(b) or redeem an impounded animal within fourteen (14) days after a written notice has been sent to the last address of the owner as shown on licensing/abatement records, notifying said owner that said nuisance animal will become the property of the County of Lake and will be adopted, transferred, or humanely destroyed in a manner determined by the Animal Control Director within fourteen (14) days after the mailing date of the notice. Said written notice shall also advise the owner and/or possessor of their right to a hearing and an opportunity to be heard on the question of whether their animal should become property of the County of Lake and be adopted, transferred, or humanely destroyed. The notice shall be served upon the owner and/or possessor either personally or by registered or certified mail, return receipt requested.

(a)

Notwithstanding the provisions of Section 4-19.2, the Animal Control Director may immediately seize and impound a nuisance animal for any of the following reasons:

(1)

The animal is at large or is otherwise in violation of this chapter;

(2)

Whenever the owner and/or possessor consents to immediate impoundment of the animal;

(3)

The Animal Control Director reasonably believes that immediate impoundment is necessary for preservation of the public's health or safety, the safety of other animals or the nuisance animal.

(b)

Whenever an animal is immediately impounded without serving a pre-seizure notice on the owner or keeper pursuant to Section 4-3.6, the Animal Control Director shall comply with the procedures for immediate impoundment specified in Section 4-3.4 of this chapter.

(c)

If a hearing is requested by the owner or keeper on the question of whether their animal was lawfully seized, it shall be conducted by the Board of Supervisors and shall be scheduled no later than fourteen (14) days after the date of the appeal is filed. The decision of the Board of Supervisors shall be based on the weight of the evidence and shall be final. The owner and/or possessor shall be given notice of the decision in person or by mail. The Board of Supervisors shall determine whether the impoundment and/or destruction is authorized under this chapter. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the County. If the animal is determined to be a nuisance animal, action will be brought against the owner of such animal, or released with conditions, or adopted, transferred or humanely destroyed.

The owner and/or possessor of a nuisance

animal which has been the subject of a nuisance abatement order shall notify the Animal Control within ten (10) days of making a change in the residence or ownership of the animal(s) and provide the new residence address and, when applicable, the name of the new owner. The owner or possessor is also required to provide a copy of the abatement order to the new owner on or before transfer of ownership of the animal.

(Ord. No. 2920, § 2, 3-9-2010)

Secs. 4-20—4-29. - Reserved.