Mendocino County Municipal Code Ch. 10.04 Animal Care Service and Animal Control

This chapter shall be known and may be cited as the Mendocino County Animal Regulation Ordinance.

(Ord. No. 4421, 12-18-2018)

This chapter is intended to regulate, control and protect animals existing within the unincorporated area of the county. Both Animal Care Services and the Animal Control Division of the Sheriff's Office enforce animal regulations, provide humane care for sheltered animals and educate animal owners on responsible ownership.

(Ord. No. 4421, 12-18-2018)

(A) Animal Control shall be under the general direction of the Mendocino County Sheriff's Office. Animal Care Services shall be under the general direction of the Animal Shelter Director, who shall be appointed by and report to the Mendocino County Chief Executive Officer.

(B) Animal Control Officers shall have the following power and authority.

(1) To enforce the provisions of the ordinance codified in this Title and State laws pertaining to the care, treatment, impounding and destruction of animals.

(2) To exercise all enforcement powers granted by Food and Agricultural Code Section 7.

(3) To formulate rules and regulations in conformity with and for the purpose of carrying out the provisions and intent of the ordinance codified in this Title.

(C) Animal Shelter Director shall have the following power and authority.

(1) To enforce the provisions of the ordinance codified in this Title and State laws pertaining to the care, treatment, impounding and destruction of animals.

(2) To formulate rules and regulations in conformity with and for the purpose of carrying out the provisions and intent of the ordinance codified in this Title.

(D) Pursuant to Penal Code Section 830.9, Animal Control Officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530, and are authorized to carry firearms during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Penal Code Section 832. For the purposes of this subdivision, "firearms" includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns.

(Ord. No. 4421, 12-18-2018)

(A) Violations. Unless otherwise specified, any violation of this Title 10 shall be deemed an infraction.

(B) Infractions.

(1) Unless otherwise specifically provided in this Title, every violation determined to be an infraction is punishable by a fine or penalty imposed by the court of appropriate jurisdiction.

(2) Each offense shall constitute a separate infraction. Any person cited for an infraction violation of this Title with three (3) prior convictions of the same section within a twelve (12) month period may be charged with a misdemeanor.

(C) Misdemeanors. Except in cases where a different punishment is prescribed by any law of this State or the provisions of this code, every offense declared to be a misdemeanor by this Title is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

(D) Public Nuisance.

(1) Any violation of this Title 10 may be declared a public nuisance by any animal enforcement authority and abated pursuant to Chapter 8.75 of this Code. This remedy shall be available in addition to any other remedy provided by this Title.

(2) An animal, including dog or cat, shall be considered a nuisance if any of the following are true:

(a) It damages, soils, defiles or defecates on private property other than the owner's or on public property.

(b) It repeatedly chases passing vehicles or bicycles on public highways or streets whether or not such chasing results in damage or injury to persons or private property.

(c) It interferes with or molests human beings on public property or private property other than the property of the owner of such animal.

(d) It engages in conduct that interferes in the reasonable and comfortable enjoyment of life and property.

(Ord. No. 4421, 12-18-2018)

An animal owner shall be held responsible for adverse actions of his dog(s) or animal(s) and accountable for those damages inflicted by a vicious dog, potentially dangerous dog or other animal.

(Ord. No. 4421, 12-18-2018)

Unless the context otherwise requires, the following definitions govern the construction of this Title in order for more effective interpretation and enforcement.

(Ord. No. 4421, 12-18-2018)

(A) "Animal" means and includes any reptile, avian, fish, or mammal, other than homo sapiens.

(B) "Animal Care Services" means the division of the County of Mendocino responsible for operating the County Animal Shelter and for providing animal regulation services that promote public safety, health and responsible pet ownership.

(C) "Animal Control" means the division of the Mendocino County Sheriff's Office which is specifically charged with the regulation of, and the enforcement of, laws relating to animals within the jurisdiction of the County of Mendocino.

(D) "Animal Control Officer" means any person duly appointed by the Sheriff to enforce all laws and regulations related to animal control and care or rabies control.

(E) "Animal shelter" means any facility operated by a local governmental agency, contracting agency, or Humane Society for the purposes specified in this Title.

(F) "Animal exhibition" means any display containing one or more live domesticated, wild or exotic animals which are exposed to public view for entertainment, instruction or advertisement.

(G) "At large." Any animal, excepting a working animal, shall be deemed to be "at large" when off the premises of the owner and not under restraint by leash or physical control of its owner.

(H) "Animal Enforcement Authority" means Animal Care Services, Animal Control, Environmental Health, Public Health and/or Sheriff.

(I) "Animal Sanctuary" means any for-profit or nonprofit organization where domestic animals are rehabilitated or protected from molestation.

(Ord. No. 4421, 12-18-2018)

(A) "Bite" means any cut, laceration, tear, bruise, abrasion, puncture or injury inflicted to the epidermis of a person or animal whether or not that bite is considered a rabies risk by the County or State Health Department.

(B) "Boarding kennel" means a commercially operated establishment for the care and keeping of dogs and cats, other than those belonging to the operator.

(Ord. No. 4421, 12-18-2018)

(A) "Cat" means any member of the domestic feline species (Felis catus). An adult cat is any cat older than four months of age.

(B) "City" means any incorporated municipality within the County.

(C) "Commercial kennel" means any place where dogs or cats are kept for commercial purposes, including dog breeding business, boarding kennel, profit or nonprofit dog and cat adoption agency, profit or nonprofit animal sanctuary, profit or nonprofit rescue organization; provided however, a commercial kennel shall not include any county animal control shelter, a licensed veterinary hospital, licensed agricultural or non-commercial residential kennel.

The amendment to this Section shall be retroactive to any entity or organization existing or operating in Mendocino County as of September 15, 2000.

(D) "Community Animal Rescue Partner" means an animal rescue organization that has been certified by the Animal Shelter Director as a Community Animal Rescue Partner.

(E) "County" means the County of Mendocino and if the context so indicates County employees designated to carry out the provisions of this Title.

(F) "County animal shelter" means the County-owned and operated shelter where animals impounded pursuant to this chapter or voluntarily surrendered by their owners are placed for humane care, keeping and adoption to the public.

(Ord. No. 4421, 12-18-2018)

(A) "Dangerous animal" means any animal which, because of its disposition, physical or inherent characteristics or size, behavior or propensity (without provocation) to inflict bodily harm or otherwise, demonstrate actions that would constitute a danger to any person, domestic livestock, other domestic animals or property.

(B) "Dangerous exotic animal" means any exotic animal which, because of its disposition, physical or inherent characteristics or size, behavior or propensity (without provocation) to inflict bodily harm or otherwise, demonstrate actions that would constitute a danger to any person, domestic livestock, other domestic animals or property.

(C) "Dog" means any member of the domestic Canine species and shall include all breeding crosses of dog with wolf (Canis Lupus or Canis Rufus) and coyote (Canis Latrans). An adult dog is any dog older than four months of age.

(D) "Domestic animal" means any animal other than wild or exotic animals, customarily confined or cultivated by humans for domestic or commercial purposes.

(Ord. No. 4421, 12-18-2018)

(A) "Estray" means the act of any animal to wander or roam at large.

(B) "Exotic animal" means and includes any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

(Ord. No. 4421, 12-18-2018)

(A) "Fence" means wire, wood, metal, masonry, electric, or other material, at least four (4) feet in height, used as an enclosure for a yard, lot, field, or pasture to effectively confine any animal or animals within a specific area. Fences that contain livestock that are not solid and view-obscuring shall not be considered as effectively confining livestock unless the horizontal and vertical members (wires, rails and posts) are so securely fastened together and firmly anchored into the ground as to provide a barrier beyond which the livestock cannot readily penetrate.

(B) "Feral Cat" means a cat without owner identification of any kind whose usual and consistent temperament is fear and resistance to contact with people. A feral cat is generally unsocialized to people.

(C) "Feral cat colony" means two or more feral cats living in close proximity to one another.

(Ord. No. 4421, 12-18-2018)

(A) "Guard dog" means a dog trained specially for the protection of property and registered as a recognized guard dog with the local governing body.

(B) "Grooming shop/parlor" means a commercial establishment where animals are bathed, clipped, plucked, or otherwise conditioned.

(Ord. No. 4421, 12-18-2018)

(A) "Health Department" means the County Health Officer, County Public Health Agency or authorized agents of the County Health Officer or County Public Health Agency.

(Ord. No. 4421, 12-18-2018)

(A) "Impoundment" means any taking custody, taking up, or confining of any animal(s) by the Animal Control authority.

(Ord. No. 4421, 12-18-2018)

(A) Reserved.

(Ord. No. 4421, 12-18-2018)

(A) "Kitten" means any member of the domestic Feline species under four (4) months of age.

(Ord. No. 4421, 12-18-2018)

(A) "Large Domestic Animal" means those animals that live in or about the habitation of people such as to contribute to the support of a family or wealth of a community, and includes, but is not limited to, any bovine, caprine, equine, ovine, or suine animal except those animals commonly kept as household pets, such as, but not limited to, dogs, cats, ducks, geese, chickens, or domesticated exotic fowl.

(B) "Leash" means any rope, leather strap, chain, or other material not exceeding six (6) feet in length being held in the hand of the person capable of controlling the animal to which it is attached.

(C) "License" means the license issued for the specified licensing period within Mendocino County with all fees being paid as evidenced by a valid receipt.

(D) "Licensing Period" means that period of time for which any license is valid. Licensing periods shall be set by a Resolution of the Board of Supervisors.

(E) "Livestock" means any cattle, sheep, swine, goat, horse, mule or other equine, any llama or other camelidae, pig, or any domestic fowl or rabbits.

(Ord. No. 4421, 12-18-2018)

(A) Reserved.

(Ord. No. 4421, 12-18-2018)

(A) "Noncommercial kennel" means a place where five or more dogs are kept by the owner for personal pleasure or herding and protection of farm animals, and the owner has a valid noncommercial kennel license on file with the Department of Animal Care and Control.

(B) "Nonprofit" means "nonprofit" as defined by 501(c)(3) of the United States Internal Revenue Code.

(Ord. No. 4421, 12-18-2018)

(A) "Owner" means any person who is the keeper, harborer, possessor, or custodian, or who has control of an animal, or legal owner of any animal. 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 Title. In addition, it shall be evidence of ownership of any animal for any person to refuse to present that animal to an Animal Control Officer for inspection or to refuse to permit such officer to impound any animal on the premises of such person when said animal is found in the violation of the provisions of this Title.

(Ord. No. 4421, 12-18-2018)

(A) "Pet shop" means every place where pet animals are kept for the purpose of either wholesale or retail sale, barter or hire.

(B) "Physical control" means confined or restrained by a chain, rope or leash, which is securely held or connected to a responsible adult.

(C) "Potentially Dangerous" means any dog in which a finding has been made pursuant to California Food and Agriculture Code section 31601 et seq. that the dog is potentially dangerous.

(D) "Protective custody hold" means a hold placed on any animal for protective purposes, which the animal enforcement authority determines should extend beyond the animal holding period, pending the completion of an investigation and determination of final disposition. Such hold shall be at the discretion of the Animal Control Officer or peace officer.

(E) "Puppy" means any member of the domestic Canine species under the age of four (4) months.

(Ord. No. 4421, 12-18-2018)

(A) "Quarantine" means the act of strict isolation and confinement of any animal to prevent the exposure to and the spread of a contagious disease or to prevent the animal from causing injury to any person or other animal.

(B) "Quarantine Locations" means any location designated by the Animal Shelter Director, Health Department or Animal Control Officer at which an animal may be held during quarantine.

(Ord. No. 4421, 12-18-2018)

(A) "Rescue Organization" means any for-profit or nonprofit, paid or volunteer organization that rescues homeless, sick or abused animals and later adopts or provides them sanctuary.

(Ord. No. 4421, 12-18-2018)

(A) "Service Animal" means a dog that is individually trained to do work or perform tasks for people with disabilities, as further defined by 28 CFR 35.104 and California Health and Safety Code § 113903.

(B) "Severe injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or prolonged physical pain, or any physical injury that results in broken bones, disfiguring lacerations, multiple sutures, or cosmetic surgery.

(C) "Stray" means any animal that is at large without an identification tag, license tag, rabies tag, brand, tattoo, microchip or any apparent identification that would identify the true ownership of said animal, or an animal that may be lost or abandoned with or without such means of identification.

(Ord. No. 4421, 12-18-2018)

(A) Reserved.

(Ord. No. 4421, 12-18-2018)

(A) "Unconfined" means any animal not securely confined indoors or not confined in a securely enclosed and locked pen or structure upon the premises of its owner. To be securely enclosed such pen or structure must have secured sides and secured top; if the pen or structure has no bottoms secured to the sides, the sides must be embedded into the ground no less than one (1) foot.

(B) "Unlicensed" means the licensing fee has not been paid for the current licensing period in Mendocino County.

(Ord. No. 4421, 12-18-2018)

(A) "Vaccination" means a rabies vaccination of a dog or cat with a vaccine approved by and in the manner prescribed by the California Department of Public Health.

(B) "Veterinarian" means a person licensed to practice veterinary medicine in the State of California.

(C) "Vicious" means any of the following:

(1) Any animal which, when unprovoked, in an aggressive manner attacks a human being or another animal;

(2) Any animal that has a disposition, behavior or propensity to attack any person without provocation;

(3) Any animal that constitutes an imminent threat of bodily harm to human beings or other animals in a place where such person or animal is acting peaceably and lawfully;

(4) Any animal kept or maintained by its owner for the purpose of animal fighting or breeding to perpetuate the aggressive inherent genetic characteristics or any level of training to encourage an animal's innate aggressive behavior that may result in a menace to persons or other animals, or has been specifically trained to guard persons and/or property;

(5) Any dog seized under section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of section 597.5 of the Penal Code.

(6) Reserved.

(7) Any dog in which a finding has been made by any court or hearing body of a local jurisdiction pursuant to California Food and Agriculture Code section 31601 et seq., or the laws of any local jurisdiction, that the dog is vicious.

(8) A dog specifically trained and licensed as a "guard dog," "sentry dog," when registered as a recognized "guard dog" with the local governing body, or a dog used in the official capacity of law enforcement activities is exempt from the definition of a vicious animal.

(Ord. No. 4421, 12-18-2018)

(A) "Wild animal" means and includes any animal identified in California Fish and Game Code Section 2116.

(B) "Working animal" means animals under the control of humans used for the movement of livestock, fowl, tracking, obedience, show, or in the taking of wild animals or wild fowl during the season established by law or in the field trials, or animals used for agricultural purposes.

(Ord. No. 4421, 12-18-2018)

(A) Reserved.

(Ord. No. 4421, 12-18-2018)

(A) Reserved.

(Ord. No. 4421, 12-18-2018)

(A) Reserved.

(Ord. No. 4421, 12-18-2018)