Lassen County Municipal Code Ch. 8.08 General Animal Regulations

Every person owning or occupying premises where any animal is kept shall keep the premises in a clean and sanitary condition, and free of excessive amounts of animal urine and fecal matter.

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

(a) Presumption of Dangerousness. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behaviors, is rebuttably presumed dangerous.

(1) An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting him or herself peacefully and lawfully;

(2) An attack that results in an injury to a person in a place where such person is conducting him or herself peacefully and lawfully;

(3) Any behavior which occurs while the animal is off its owner's property that constitutes a physical threat of bodily harm to a person in a place where such person is conducting him or herself peacefully and lawfully;

(4) An attack on another animal or livestock which occurs off the property of the owner of the attacking animal;

(5) In addition, the provisions of Sections 31602 through 31605 and 31621 through 31626 of the California Food and Agriculture Code relating to potentially dangerous and vicious dogs are made a part of this title and are incorporated by reference herein.

(b) "Peacefully and Lawfully"—Definition. For the purposes of this section, a person is peacefully and lawfully upon the private property of an owner or possessor of the animal when he/she is on such property in the performance of any duty imposed upon him/her by the laws of the state or of any city or county, or by the laws or postal regulations of the United States, or when he/she is on such property upon invitation, expressed or implied.

(c) Finding of Dangerousness. After notice and hearing upon charges following the procedure expressed in Section 8.06.080 or 8.06.085, the supervisor may declare that an animal is dangerous. The supervisor shall then require the owner to obtain a dangerous animal license as specified in Section 8.12.040(f), and may impose additional conditions as he/she deems necessary for the health and safety of the public.

(d) Dangerous Animal at Large. Any dangerous animal found at large shall be impounded. Any dangerous animal found at large two times within twelve months after having been declared a dangerous animal, or in any event a third time after such declaration, may be humanely destroyed after notice and hearing upon charges, following the procedure expressed in Section 8.06.080 or 8.06.085.

(e) Impoundment Pending Hearing. Any animal subject to dangerous animal proceedings may be impounded at the discretion of the supervisor pending notice, a hearing conducted pursuant to Section 8.06.080 or 8.06.085, and until any required permit is obtained. The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not dangerous.

(f) Other Proceedings. Nothing in this chapter limits the right of any person or officer to take any proceedings against a dangerous animal or the owner thereof as otherwise permitted or provided by law.

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

(a) At Large—Strays. No owner or possessor of any animal shall permit it to stray from the premises where such animal is kept. While off such property the animal shall be under leash control of a competent person. It is unlawful for the owner or possessor to permit such animal to enter upon the land of another without the permission of the owner or possessor of such land. Any such animal is a nuisance. This subsection does not apply to livestock on the open range or to domestic cats.

(b) Animals Which Disturb the Peace. The keeping of any animal which by habitually howling, barking, or other noise, disturbs the peace and quiet of the neighborhood is unlawful and any such animal is a nuisance. The written affirmation by three persons, not related and having separate residences, stating that their peace and quiet is unreasonably disturbed by the animal shall be prima facie evidence of a violation of this subsection. This subsection does not apply to reasonable noises emanating from legally operated hospitals, humane societies, kennels, farms, or agricultural facilities.

(c) Strays Which Damage Property. No owner or processor of any animal shall permit it to be at large on public or private property so as to damage or destroy any property or thing of value. Such an animal is declared a nuisance. This subsection extends to trespass on the open range if the public health or welfare is endangered.

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

If an animal control officer finds a nuisance to exist, or determines that a dog is not vaccinated or licensed, he/she shall issue a citation to the owner or possessor of the animal.

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

(a) No person shall possess any wild animal without first obtaining a license for the possession of the animal and any permit required by the California Department of Fish and Game.

(b) If the possession of the animal does not violate any federal or state law or zoning ordinance, a wild animal license may be issued. All licenses issued under this section shall be kept posted in a conspicuous place on the premises where the animal resides.

(c) Any license issued for a wild animal may be subject to such additional conditions as may be required by the animal control supervisor. Additional conditions may include, but are not limited to, requirements that the animal be kept within a substantial enclosure, securely leashed, or otherwise controlled.

(d) If the owner cannot provide restraint, or fails to comply with additional conditions as specified pursuant to subsection (c) of this section, the animal shall be temporarily impounded at the expense of the owner. At any time after seven days' impoundment for such purpose, the animal control supervisor may, in his/her discretion, apply the provisions of this chapter.

(e) If upon receiving written notification, the owner fails to restrain or control a dangerous animal as ordered, the owner is in violation of this title and the animal control supervisor is empowered to seize and impound or destroy the animal.

(f) A license shall not be issued, or if issued, shall be revoked, where, in the opinion of the animal control supervisor, the possession of the wild animal will endanger the health and safety of one or more persons.

(g) In the event that a license is denied or revoked, the owner shall dispose of the unlicensed animal within the time designated and under the conditions required by the animal control supervisor.

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

Animal control officers shall attempt to capture any animal found at large in violation of this code. The officer shall not seize or impound any stray animal that has strayed from but returned to the property of its owner or possessor, but in such a case a citation may be issued. However, if the owner or possessor of the animal is not present and the animal cannot safely be secured upon the premises, the animal may be impounded. The officer shall post a notice of impoundment at the residence or place of business of the owner or possessor of the animal, if known. The notice shall instruct the owner or possessor how to retrieve the animal, shall indicate the ultimate disposition of the animal if no action to regain it is taken within a specified period of time, and shall advise the owner or possessor that he or she may, within twenty-four hours of receipt of notice, request a hearing pursuant to Section 8.06.080 or 8.06.085 for the purpose of showing lack of reasonable cause for the seizure.

Dogs which are being used for the movement of livestock or other farm-related duties and dogs which are being used lawfully in the pursuit of game animals or birds shall be considered under the control of the owner or other responsible person.

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

(a) The owner of a nonspayed or unneutered dog that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars on the first occurrence, fifty dollars on the second occurrence, and one hundred dollars for the third or subsequent occurrence. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.

(b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subsection (a). The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals' shelter, or humane society shelter. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of dogs, and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals' shelter, humane society shelter, or rescue group in the administration of the requirements of this division.

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

No person shall knowingly possess any animal that is seriously injured or afflicted with mange, ringworm, distemper, or any other contagious disease, unless in the opinion of the animal control officer or a veterinarian, the animal is being given adequate treatment for such condition. Animal control officers may take immediate possession of any animal not being treated or which is not responding to treatment, and dispose of the animal unless the owner or possessor immediately places the animal under the control and treatment of a veterinarian.

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

All animals taken into custody of animal control which by reason of injury, disease, or other cause, are unfit for further use or are dangerous to keep impounded, shall be destroyed by arrangement of the supervisor seventy-two hours after impounding. Determination of an animal's lack of health or fitness for further use shall be made by a licensed veterinarian. Oral or written notice shall be given to the owner, if known, prior to destroying the animal. The owner may request a hearing pursuant to Section 8.06.080, prior to destruction of the animal. The request shall be in writing and applicant shall agree therein to pay the cost of care and maintenance of the animal pending the hearing. No animal shall be destroyed until the expiration of five calendar days after the decision of the hearing officer, not including the day of decision. Decisions of the hearing officer are final. Seriously ill or injured animals may be destroyed without regard to the prescribed holding period and without notice to the owner, to alleviate suffering or to protect other animals or persons from contagious diseases.

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

(a) Animal control shall remove or arrange for the removal and disposal of the carcass of any animal found in or on any county-maintained road. Where public health or safety is endangered, animal control may remove animal carcasses found anywhere within the unincorporated areas of the county. The cost of removal and disposal of the carcasses of sheep, cattle, horses, and other large animals shall be paid by the owner, if known. Animal control shall charge a fee for the disposal of animal carcasses, which are brought into the county animal facility.

(b) The owner of a dead animal shall, within a reasonable time, provide for the burial, incineration in a manner approved by the animal control officer or other disposition of the carcass in a safe and sanitary manner. The owner may request an animal control officer to dispose of the animal at a fee fixed by resolution of the board of supervisors. The animal control officer shall be responsible for disposal of all dead animals whose ownership cannot be established.

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