Modoc County Municipal Code Ch. 6.02 Dog Control

Any person residing within the unincorporated area of the county and owning or having the custody of one or more dogs shall pay for the privilege of keeping such dogs an annual license fee for each dog over the age of four months, which fee shall be determined by resolution of the board of supervisors. Senior citizens shall receive a three-dollar discount on the one-year dog license fee when licensing their spayed or neutered dog. Such license fee may include a reduced rate for spayed or neutered dogs if all other requirements for licensing under this chapter are met. Proof of qualifications for waiving or reducing the license fee for any dog is required at the time of application. Such license fee shall be waived for assistance dogs owned and used by totally or partially blind persons, deaf or hearing impaired persons, or handicapped persons, and for dogs owned and used by police departments or law enforcement officers exclusively for public work if all other requirements for licensing under this chapter are met.

(Ord. 295-B §2(part), 2005)

The annual license fee shall be due and payable to the county on and after the first day of July of each year, and shall be delinquent after the thirty-first day of August of each year. When application is made after August 31st, the applicant shall be assessed a penalty of fifty percent of the license fee, which amount shall be added to and collected with the regular license fee; provided, however, new residents in the county owning or having the custody or control of a dog required to be licensed shall have thirty days after taking up residence in which to obtain a license, which may be prorated for a portion of the one-year license period, but in no case be less than one-half the regular license fee.

(Ord. 295 (part), 1990)

Licenses shall be obtained from the health department, environmental health division, by mail or during regular business hours of that office. No license shall be issued until a certificate of vaccination for rabies, valid for the license year, is presented to the health department, environmental health division. Upon payment of the license fee, each license issued shall be signed by a representative of the health department, environmental health division, and shall state the name and residence address of the person to whom the license is issued, the date when issued, the expiration date, the number of the tag and the breed, sex, approximate size and coloration of the dog. The health department, environmental health division, shall keep a record of all licenses issued and with each dog license there shall be issued a durable metal tag with the number and the year issued thereon, together with a reference to the county.

(Ord. 295-B §2(part), 2005)

Each person owning a dog over the age of four months shall have such dog vaccinated biennially with rabies vaccine by a licensed veterinarian. All dogs under the age of four months shall be strictly confined to the premises of, or kept under physical restraint by, the owner, keeper or harborer thereof.

(Ord. 295 (part), 1990)

Any veterinarian, upon vaccinating any dog for rabies in the county, shall issue to each person presenting a dog for vaccination a numbered rabies vaccination tag and a completed certificate of vaccination approved by the health officer. The licensed veterinarian shall provide a legible copy of such vaccination certificate to the animal control department within thirty days.

(Ord. 295 (part), 1990)

License and rabies tags shall be securely affixed to a collar, harness or other device worn by the dog and shall be at all times worn by such dog. No person shall attach or keep upon any dog any tag provided for in this chapter except the tags issued for such dog. No person keeping or harboring a dog for which licensing and vaccination is required shall fail or refuse to exhibit the tags required by the provisions of this chapter upon the demand of any official designated to carry out the provisions of this chapter.

(Ord. 295 (part), 1990)

One or more pound facilities shall be provided by the county, either directly or by contractual arrangement. Pound fees shall be adopted by resolution of the board of supervisors.

(Ord. 295 (part), 1990)

In the event of a bite to a human, quarantine of a dog by the health officer shall conform to the requirements of Title 17 of the California Code of Regulations and such added requirements as the health officer may deem necessary.

(Ord. 295 (part), 1990)

The animal control officer of Modoc County shall be the sheriff/coroner, or his designee.

(Ord. 295-A §1(part), 1997)

There shall be provided by the animal control officer, a suitable building or enclosure to keep and safely hold all animals subject to impoundment.

(Ord. 295-A §1(part), 1997)

It shall be the duty of all peace officers employed by the county, including the sheriff-coroner and his deputies, the county trapper, and persons employed for this specific purpose by the board to take up, impound and safely keep or destroy all dogs found within the unincorporated area of the county which have not been properly vaccinated and licensed as required by this chapter and which are found running free or at large within the unincorporated area of the county. All peace officers of the state are authorized to proceed under the provisions of this section.

(Ord. 295-A §1(part), 1997)

When any animal is so impounded, it shall be provided with proper and sufficient food, shelter and water by the animal control officer.

(Ord. 295-A §1(part), 1997)

The animal control officer, immediately upon the impoundment of an animal, shall make every reasonable effort to notify the owner of the animal impounded and to inform such owner of the conditions whereby the owner may regain custody of the animal.

(Ord. 295-A §1(part), 1997)

The owner of any impounded animal shall have the right to reclaim such animal at any time after the provisions of this chapter, and regulations pertaining thereto, have been complied with, and prior to the lawful disposition thereof, upon the payment to the animal control officer of the costs and charges set forth in this chapter for the impounding and keeping of such animals.

(Ord. 295-A §1(part), 1997)

Upon impounding animals, the animal control officer shall charge, receive, and collect the following fines and charges detailed in a resolution which shall be adopted by the board of supervisors.

A. Unlicensed dogs taken into custody by the animal control officer pursuant to the provisions of this chapter shall be held a minimum of four days not including the first day of impound. Licensed dogs taken into custody by the animal control officer pursuant to the provisions of this chapter shall be held an additional two days unless, in the sole discretion of the animal control officer, there is reason to dispose of the animal sooner. All animals unclaimed thereafter shall be determined abandoned. All animals determined abandoned pursuant to the provisions of this section shall be disposed of in accordance with the provisions of section 6.02.097 of this chapter.

(Ord. 295-B §2(part), 2005)

(Ord. 295-C, § I, 1-14-2025)

It shall be the duty of the animal control officer, and he is authorized, to destroy any animal lawfully impounded which is unclaimed. The destruction procedure shall be humane and shall be as set forth by the health officer, upon approval by the board.

The health officer shall draft an administrative procedure for the destruction of unclaimed animals, which procedure shall be filed with the county clerk upon approval by the board.

(Ord. 295-A §1(part), 1997)

The animal control officer shall pay to the county treasurer all sums collected pursuant to the provisions of this chapter.

(Ord. 295-A §1(part), 1997)

The health officer, sheriff and animal control officer shall administer and enforce the provisions of this chapter.

(Ord. 295-A §1(part), 1997)

Any official designated to administer and enforce the provisions of this chapter may enter upon all private and/or public premises for the purpose of enforcing the provisions of this chapter.

(Ord. 295-A §1(part), 1997)

No person shall interfere with any official designated to administer and enforce the provisions of this chapter, or regulations pertaining thereto, in the performance of his official duties.

(Ord. 295-A §1(part), 1997)

No person at any time shall permit, allow or cause any dog owned, controlled, harbored or kept by him to roam, run or stray away from the premises where such dog is kept or harbored, except in the company or custody and under the control of the owner or some responsible person.

No person at any time shall allow, permit or cause any dog to run on the land of another without the permission of the owner or person in possession of such land.

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.

The requirements of this section shall be in addition to all other restrictions applying to dogs and the owners of dogs within the county, and any violation of the provisions of this section shall be a misdemeanor with a minimum fine of twenty-five dollars and may result in the impounding of the dog.

(Ord. 295-A §1(part), 1997)

A. "Potentially dangerous dog" means any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog;

2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604 of the Food and Agriculture Code;

3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury by attacking a domestic animal off the property of the owner or keeper of the dog.

B. "Vicious dog" means any of the following:

1. Any dog seized under Section 599a of the Penal Code and upon the sustaining or a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code;

2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Sections 31641, 31642, or 31643 of the Food and Agriculture Code.

(Ord. 295-B §2(part), 2005)

A. If the animal control officer or other enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the animal control officer or head of the local law enforcement agency, or his or her designee, shall petition the superior court within the judicial district wherein the dog is owned or kept for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. The superior court may assign the matter to a hearing board to hear and dispose of the petition. The hearing board shall be comprised of the public health officer, the sheriff and the agricultural commissioner, or one of their designees.

The owner or keeper of the dog shall be notified that a hearing will be held by the hearing entity, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The notice of the hearing and a copy of the petition shall be served either personally or by first class mail, return receipt requested.

The hearing shall be held no less than five working days nor more than ten working days after the service of notice upon the owner or keeper of the dog.

B. Following the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail by the hearing entity. If the petitioner or the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision to the superior court within the judicial district wherein the dog is owned or kept. The fee for filing an appeal shall be twenty dollars payable to the superior court clerk. The notice of appeal shall be served personally or by first class mail upon the other party.

The court hearing the appeal shall conduct a hearing de novo and make its own determination as to the potential danger and viciousness of the dog. The hearing shall be conducted within the timeframes as set forth in subsection A of this section. The determination of the court hearing and the appeal shall be final and conclusive upon all parties.

(Ord. 295-B §2(part), 2005)

A. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.

B. No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. 295-B §2(part), 2005)

A. Any dog which has been determined to be potentially dangerous shall be properly licensed and vaccinated. The designation of potentially dangerous shall be included in the registration records of the dog. The sheriff shall charge an additional fee of seventy-five dollars in addition to the regular licensing fee charged by county resolution for the first year's license following designation as potentially dangerous and an additional forty dollar fee each year thereafter.

B. A dog determined to be potentially dangerous, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog may be off the owner's premises only if it is restrained by a substantial leash of appropriate length and if it is under the control of a responsible adult.

C. If the dog dies, is sold, transferred, or permanently removed from the county where the owner or keeper resides, the owner shall notify the animal control officer in writing within two working days.

(Ord. 295-B §2(part), 2005)

A dog determined to be a vicious dog may be destroyed by the animal control department when it is found after proceedings conducted under Section 6.02.104 of this chapter that the release of the dog would create a significant threat to the public health, safety and welfare. If it is determined that the dog found to be vicious shall not be destroyed, the appeals board shall impose conditions upon the ownership of the dog that protects the public health, safety and welfare. Licensing and registration requirements for a vicious dog that is not destroyed shall be as set forth in Section 6.02.106 of this chapter for potentially dangerous dogs.

(Ord. 295-B §2(part), 2005)

Violations involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars. Violations involving a vicious dog shall be punished by a fine not to exceed one thousand dollars.

(Ord. 295-B §2(part), 2005)

The abandonment or dumping of any animal is forbidden and is a crime punishable by a fine of up to one thousand dollars, or confinement in a county jail of up to six months, or both. Contact the county of Modoc sheriff's office or the Humane Society for information on where to take unwanted animals.

(Ord. 295-B §2(part), 2005)

Whenever any act is prohibited by this title, or is made or declared to be unlawful, the violation shall be punishable by a fine not exceeding five hundred dollars, or imprisonment for a term not exceeding six months, or by both such fine and imprisonment; provided, nevertheless that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19C of the California Penal Code and charged as such in the discretion and at the election of the county district attorney, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Every day any violation of any provision of this title continues constitutes a separate offense.

(Ord. 295-B §2(part), 2005)