Lassen County Municipal Code Ch. 8.06 Administration

The animal control unit is hereby created. It shall be considered a division of the department of the Lassen County sheriff's department. The animal control unit shall be administrated by a supervisor of animal control, who shall be appointed by the Lassen County sheriff. The position of animal control supervisor shall be classified in the mid-management bargaining unit.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

The supervisor of animal control and related personnel shall be under the direction and supervision of the director of the Lassen County sheriff.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

The supervisor of animal control is responsible for the enforcement of this title, all laws of the state pertaining to the control of dogs and other animals, and the humane treatment of animals. The supervisor's duties shall include, but are not limited to, the following:

(a) To administer the animal shelter and keep such records as may be required by the board of supervisors and the director;

(b) To pick up and impound animals which are in violation of this chapter;

(c) To quarantine animals when necessary and to cooperate with the county health officer;

(d) To administer licensing programs as provided for in this title;

(e) To administer rabies clinics;

(f) To remove and dispose of the carcass of any animal found on any county-maintained road within the unincorporated area of the county;

(g) To cooperate with the employees of the California Department of Fish and Game regarding predatory animals and other problems related to animal control;

(h) To make referrals to the sheriff or the sheriff's designee regarding general law violations and major crimes involving animals.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

The board of supervisors may establish, by resolution, rules, regulations and policy for the administration and implementation of this title, which may include a schedule of fees for licenses as well as for services provided in accordance with this title. Such regulations and fees, when adopted, shall become and thereafter be a part of this title. A copy of the regulations and fees established by resolution of the board of supervisors shall be filed with the clerk of the board and posted at the animal control shelter.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

Each animal control officer shall have and is vested with the authority of a public officer as specified in Section 836.5 of the California Penal Code.

(a) Authority to Enter Upon Private Property. Each animal control officer may, in the performance of his/her duties, enter upon any property pursuant to law to ascertain if any of the provisions of this title or any state laws relating to disease, care, treatment, impounding, or cruelty to animals are being violated.

(b) Authority to Issue Citations. Each animal control officer may issue citations for violation of the provisions of this title or any state laws in the manner prescribed by Section 836.5 of the Penal Code.

(c) Authority to Carry Firearms. In performance of duties, each animal control officer shall have the authority to employ the use of a tranquilizer gun, and all animal control devices in common use within the state. The supervisor of animal control and such animal control officers as he/she may specifically designate in writing are authorized to carry a long rifle when acting in the course and scope of their employment pursuant to Section 12031 of the California Penal Code.

The intent of this paragraph is to enable the animal control officer to tranquilize or destroy diseased or dangerous animals as may be made necessary by the performance of his/her duties.

(d) Arrest Authority. In the performance of duties, each animal control officer shall have the arrest authority and immunities of public officers and employees as set forth in Section 836.5 of the California Penal Code.

(e) Procedures for Seizure of Animals. Section 597.1of the California Penal Code shall be operative in the county of Lassen and enforced by the animal control division of Lassen County. California Penal Code Section 597f shall not be operative.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

Notwithstanding any other provisions of this title, if, in the judgment of the supervisor of animal control, an animal is found to be dangerous, injured, or ill, and if ill with the concurrence of a licensed veterinarian, and should be destroyed, the director of animal control may at any time, in a humane manner destroy such animal.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

No liability shall be incurred for the sale, death, or other disposition of any animal made pursuant to the provisions of this title.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

The board of supervisors of Lassen County reserves their right to an administrative hearing.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

(a) If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the director of the animal control department, Lassen County sheriff, or designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The director of the animal control department, Lassen County sheriff, or designee, shall notify the owner or keeper of the dog that a hearing will be held by the superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five working days nor more than ten working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public.

(b) The court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.

(c) The county is entitled to seek all penalties, fees and costs, including attorney's fees, associated with the civil action to enforce this chapter and state law, as permitted by law.

(d) Whether the county proceeds administratively or by way of limited civil action is entirely within the discretion of the Lassen County sheriff or designee.

(e) The failure to conduct a hearing required by this title or by state law shall have no bearing on any criminal prosecution for violation of any provision of this title.

(Ord. 2022-10 § 3)

Animal control shall keep a record of all animals taken into custody which shall show the date of impoundment and the date and manner of disposition. Records shall also be kept of the identity of owners of licensed dogs.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)

(a) Infractions. Unless otherwise specified, any person violating any provision of Chapters 8.04 through 8.12 or Chapters 8.18 through 8.20 is guilty of an infraction.

(b) Misdemeanors.

(1) Any person willfully violating his/her written promise to appear in court, or before a person authorized to receive a deposit of bail, may be subject to criminal penalties as provided for in the Penal Code of the state of California regardless of the disposition of the charge upon which he/she was originally arrested.

(2) Any person willfully failing to pay a lawfully imposed fine pursuant to 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 may be subject to criminal penalties as provided for in the Penal Code of the state of California regardless of the full payment after such time.

(3) Any person violating any provision of Chapter 8.14 is guilty of misdemeanor.

(4) Any person violating any provision of this title is subject to penalties, fees and costs associated with enforcing these provisions, as allowed by law.

(c) Each Day a Separate Offense. Each person violating any provision of this title, except subsection (b)(1) or (2), shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continues.

(Ord. 533 § 4, 1997; Ord. 533-A § 4, 2000; Ord. 2022-10 § 2)