Napa County Municipal Code Ch. 6.04 Animal Control and Rabies Prevention

For the purpose of this title, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning is indicated. The present tense includes the past and future tense; each gender includes the other; the singular number includes the plural, and the plural the singular.

"Animal" means any wild or domestic animal, poultry, bird, reptile, fish, or any other nonhuman creature.

"Animal shelter" means the county pound as set forth in Section 6.04.210 and the shelter's staff. The animal shelter is a division of the department of public works.

"At large" means any animal off the premises of its owner and not under the direct control of the owner or some responsible person authorized by the owner.

"Cat" means any cat of either sex or any age.

"Dog" means and includes female as well as male dogs.

"Dog license" means and refers to the license required to be issued for each individual dog.

"Horse" means and includes mule, burro, pony, jack, hinny or jenny.

"Kennel" means (1) any facility where the commercial business of breeding, buying, selling or boarding dogs or cats is conducted, or (2) any noncommercial facility utilized for animal rescue operations for more than four dogs or cats.

"Owner" means any person owning, having an interest in or having control or custody or possession of any animal; excluding, however, any person who temporarily has control or custody of any stray animal while seeking the animal's owner, awaiting removal by animal control, or delivering the animal to the animal shelter.

"Person" means and includes any individual, partnership, corporation, trust or association.

"Quarantine" means the taking up and impounding of an animal in the county animal shelter or other suitable location by the animal control officer for a period of time determined by the county health officer; or, in the discretion of the animal control officer or the county health officer, the confinement of an animal in a substantial pen on the property of the owner of the animal so that the animal does not come into contact with any other animal or any human being for a period of time designated by the county health officer.

"Unlicensed dog" means any dog for which the current license has not been paid and to which the tag provided for in this chapter is not properly attached.

(Ord. 1305 § 1 (part), 2008)

(Ord. No. 1379, § 24, 1-29-2013)

The primary duties of the animal control officer shall be to enforce the laws relating to animal control. The officer shall be employed by and function under the direction and supervision of the sheriff. The officer shall perform such duties relating to animals as are necessary, including the duty to take up and impound any stray animals running at large. The officer and assistants are hereby vested with the power and authority of a peace officer when acting in the course and scope of their employment.

(Ord. 1305 § 1 (part), 2008)

A. The animal control officer is hereby authorized to demand the exhibition of any dog owned or under the control or in the custody of any person residing within the county and to require the exhibition of the license for such dog, or any other reasonable information that may be required, and it shall be the duty of such person to exhibit such dog and such license to the animal control officer or other authorized employee of the county upon demand.

B. Pursuant to Section 12031 of the Penal Code, the animal control officer, and such assistants as may be specifically designated in writing, are authorized to carry firearms when acting within the course and scope of their employment.

C. If the animal control officer shall, in discharging any firearm or tranquilizer gun in the exercise of duties under this chapter, injure or destroy any animal, neither the officer nor the county shall be liable as a result thereof.

(Ord. 1305 § 1 (part), 2008)

Whenever a power is granted to or a duty is imposed upon the animal control officer or other public officer by the terms of this chapter, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise.

(Ord. 1305 § 1 (part), 2008)

Any person may, by agreement with the animal shelter, rent a small animal trap from the animal shelter for that fee and deposit established by resolution of the board of supervisors.

(Ord. 1305 § 1 (part), 2008)

The owner of an animal which is rescued from distress by an animal control officer, and the owner of property whose fences are repaired by an animal control officer to contain animals which might otherwise stray, shall be charged those fees established by resolution of the board of supervisors.

(Ord. 1305 § 1 (part), 2008)

All fees or charges collected from owners or others having possession of dogs and all other fees or charges collected under the provisions of this chapter shall be deposited in the county treasury within seven days of the date of collection.

(Ord. 1305 § 1 (part), 2008)

No person shall interfere with harass, hinder or molest the animal control officer in the performance of duties, or seek to release any animal in custody.

(Ord. 1305 § 1 (part), 2008)

Subject to compliance with subsection (A) of Section 6.04.130, every dog more than four months of age in the unincorporated area of the county shall be licensed annually by its owner, except that no dog license shall be required for:

A. A dog which is sent or brought into the county for a period not to exceed sixty days; or

B. A dog which is sent or brought into the county for the exclusive purpose of receiving veterinary care in a veterinary hospital, provided that the dog is kept at the hospital at all times.

(Ord. 1305 § 1 (part), 2008)

A. The owner of a dog shall apply for a dog license on a form provided by the animal shelter. The form shall require the following information:

1. The name and address of the owner of the dog and of any other person having custody and control of it;

2. The place where the dog will be kept;

3. The breed, color and sex of the dog; and

4. Such other information as may reasonably be deemed necessary by the animal shelter to identify the dog for which the license is obtained.

B. If the ownership of a licensed dog is transferred to another person, the license of the dog may, upon application by the new owner to the animal shelter, be transferred to the name of the new owner. All applications shall be filed with and maintained by the animal shelter. Applications may be disposed of two years after expiration, or after the death of the animal in question, whichever comes first.

C. The county may choose, at its sole discretion, to authorize entities such as (but not limited to) veterinarians to act as an intermediary in the issuance of dog licenses.

(Ord. 1305 § 1 (part), 2008)

A. The owner of any dog in the county which is over the age of four months shall have such dog vaccinated against rabies at a frequency specified by a licensed veterinarian. No dog license shall be issued to any person for any dog until such person presents to the animal shelter a certificate of a licensed veterinarian upon approved forms showing that the dog has been vaccinated against rabies with a vaccine of a type approved by the animal shelter.

B. Every licensed veterinarian in the county shall submit, at a frequency to be determined by the animal shelter, but not more frequently than every two weeks, a record of the names and addresses of the owners of those dogs to which the veterinarian has administered rabies vaccinations during the immediately preceding two-week period.

(Ord. 1305 § 1 (part), 2008)

The annual fee for the dog license required by this chapter, and the penalties for delinquent applications, shall be established by resolution of the board of supervisors.

(Ord. 1305 § 1 (part), 2008)

A. Whenever a dog license is required by this chapter, the license must be obtained no later than sixty days after the dog first attains the age of four months, or no later than sixty days after a dog more than four months of age is first brought into the county, whichever applies.

B. Every dog license must be renewed no later than sixty days after it expires.

C. License expiration dates shall be clearly indicated by the issuing agency.

D. Every application for a dog license made after the time limits described in this section is delinquent.

(Ord. 1305 § 1 (part), 2008)

A. Whenever more than four dogs reside on a property at any one time and this chapter requires a dog license for each dog but a kennel permit is not required, a premises inspection fee shall be charged. The fee shall be in addition to the dog license fees. The premises inspection fee shall be established by resolution of the board of supervisors. For multiple dog license applications filed concurrently, a single premises inspection fee shall be charged at the time of application for the dog licenses. For dog license applications filed consecutively, a premises inspection fee shall be charged for each application commencing with the fifth license application. A single re-inspection fee shall be charged annually, coinciding with the anniversary of the most recently issued dog license requiring a premises inspection, provided more than four licensable dogs continue to reside on the property at the time of re-inspection.

B. The animal control officer shall conduct a premises inspection within ten days of payment of the premises inspection fee. The animal control officer shall make such recommendations or orders, as deemed necessary, regarding the boarding, care, or maintenance of the animals as are consistent with the criteria recommended by the animal control officer and approved by the director of public works. The animal shelter shall not issue a dog license until the recommendations or orders of the animal control officer are met. An owner may seek review of any such recommendation or order by filing a request for review with the director of public works within five business days. Any decision of the director of public works may be appealed to the board of supervisors in accordance with Chapter 2.88 of this code.

(Ord. 1305 § 1 (part), 2008)

(Ord. No. 1379, § 25, 1-29-2013)

It is unlawful for any person to own, harbor or keep any dog required to be licensed by this chapter, unless the dog wears around its neck a substantial collar to which a current dog license tag is affixed. The tag shall be one issued by the animal shelter at the time the application is made for a license. It shall be metal and shall bear a stamp or imprint of the name of the county and the year it was issued. It shall be numbered serially. Upon the issuance of each license tag, there shall be endorsed on the corresponding application the number of the tag.

(Ord. 1305 § 1 (part), 2008)

Notwithstanding any other provision contained in this chapter, the owner or the person actually in control of the operation of any ranch, not less than forty acres in area, who uses a dog or dogs for the purpose of assisting in the control or herding of livestock shall not be required to keep a license tag attached to the dog or dogs while upon the premises of the ranch.

(Ord. 1305 § 1 (part), 2008)

A dog license tag which has been lost may be replaced upon application to the animal shelter and the payment of the fee established by resolution of the board of supervisors.

(Ord. 1305 § 1 (part), 2008)

It is unlawful for any person who owns, harbors or keeps, or who has possession, charge, care, custody or control of any dog over the age of four months in the county to permit the dog to run at large upon any public street, highway or other place, or to permit such dog to run upon the property of another without the consent of the property owner. Within thirty days of a second violation of this section, the animal shall be micro-chipped and spayed/neutered.

(Ord. 1305 § 1 (part), 2008)

It is unlawful for any person who owns, harbors or keeps, or who has possession, charge, care, custody or control of any other animal to willfully or negligently allow such animal to run at large.

(Ord. 1305 § 1 (part), 2008)

In accordance with Government Code Section 25802, the board of supervisors hereby establishes a county pound, also referred to in this title as "animal shelter." The director of public works is hereby appointed to be the "poundkeeper." These duties may be delegated by the director. The animal shelter shall comply with all necessary practices relating to sanitation, humane treatment and care of animals at the animal shelter. The animal shelter shall be so located as to not create a nuisance to the public and the existing land uses of neighboring properties.

(Ord. 1305 § 1 (part), 2008)

(Ord. No. 1379, § 26, 1-29-2013)

A. Except as otherwise provided in subsection (B) of this section, it is unlawful for any person, other than the animal control officer or an employee of the animal shelter acting pursuant to this code, to kill, injure or impound any dog, the owner of which has complied with the provisions of this chapter.

B. Any person may kill or impound any dog in any area of the county in any of the following cases:

1. The dog is found in the act of killing, wounding or persistently pursuing livestock or poultry on land or premises not owned or possessed by the owner of the dog;

2. The person has conclusive proof that the dog has been recently engaged in killing or wounding livestock or poultry on land or premises not owned or possessed by the dog's owner and the dog is not at that time under the reasonable control of its owner or keeper.

(Ord. 1305 § 1 (part), 2008)

A. The animal control officer and the animal shelter shall observe the following rules in the course of managing the lives of impounded and surrendered dogs, cats and rabbits:

1. Subject to the provisions of subsection (A)(3) of this section, in the case of impoundment of a dog, cat, or rabbit whose owner can reasonably be expected to be positively identified, the animal shall continue to be impounded for a period of six days while all reasonable steps necessary to notify the owner of the impoundment are taken. Such steps shall not be required to include publication of notice in a newspaper. If the owner or a representative of the owner is successfully notified, the animal shall continue to be impounded for a period of not more than four days from the date of notification, during which period the animal may be redeemed in accordance with Section 6.04.240 of this code. If at the end of the four-day period the owner has not redeemed the animal, it shall be handled in accordance with subsection (A)(3) of this section.

2. Subject to the provisions of subsection (A)(3) of this section, in the case of impoundment of a dog, cat, or rabbit whose owner cannot be reasonably expected to be positively identified, the animal shall continue to be impounded for a period in compliance with applicable California Food and Agriculture Code sections, during which period the animal may be redeemed in accordance with Section 6.04.240 of this code. If at the end of such period the animal has not been redeemed, it shall be handled in accordance with subsection (A)(3) of this section.

3. Subject to the exclusions in subsection (A)(4) of this section, any impounded or surrendered dog, cat, or rabbit being considered for destruction may not be destroyed, regardless of health, injury, feral nature, or age, unless the animal shelter shall have first taken the following steps:

a. Complete for each animal:

i. A written behavioral and medical evaluation of the animal by qualified staff, which evaluation shall be made available to the public and to non-profit organizations described in subsections (A)(3)(c) and (d);

ii. Notify the non-profit organizations described in subsections (A)(3)(c) and (d) upon initial identification by staff of material adoption challenges; and

iii. A mitigation plan when such adoption challenges are determined to exist for the animal;

b. Provide prompt and necessary veterinary care; appropriate socialization; exercise; reasonable accommodation of special needs in situations such as nursing mothers, unweaned animals, geriatric animals, or extremely frightened animals; and seek a live outcome in partnerships with non-profit animal welfare organizations, including, but not limited to, training, fostering, and veterinary/medical support.

c. Make provision for not less than forty-eight hour notice of all impounded and surrendered animal scheduled for destruction to any active non-profit (501(c)(3) status) animal welfare organizations who have requested such notification;

d. Permit the release of an impounded or surrendered animal scheduled for destruction to any active non-profit (501(c)(3) status) animal welfare organizations upon request of the organization, provided that owners shall retain the same right of reclamation as if the animal was still in the shelter; and no such request has been made within forty-eight hours of such notice; and

e. Prior to destruction of an impounded or surrendered animal, two county personnel, neither of which reports directly to the other, have each determined that the shelter has acted in accordance with this section and has each signed an acknowledgement and consent to euthanize the animal.

4. Exclusions. Subsection (A)(3) shall not apply to:

a. An animal suspected to carry and exhibiting signs of rabies, as determined by a licensed veterinarian;

b. A dog that, after physically attacking a person, has been determined to be dangerous either by: 1) qualified staff pursuant to the American Professional Dog Trainers' Dog Bite Scale or similar industry standard; or 2) a dog trainer or behaviorist provided by a non-profit organization described in subsections (A)(3)(c) and (d) at no cost to the shelter. A written record of the assessment prepared by qualified staff, dog trainer or behaviorist shall be made available to the public;

c. An animal experiencing irremediable physical suffering as determined by a licensed veterinarian via telephone consultation.

B. The animal shelter shall dispose of or destroy all other impounded animals in accordance with applicable provisions of the California Food and Agricultural Code.

C. The animal shelter shall maintain and publish on its website, or other publicly accessible location, the following:

1. List of active non-profit (501(c)(3) status) animal welfare organization partners who have requested notice of any animals scheduled for destruction;

2. Live release rate for the prior calendar quarter, and the annual live release rate for the prior three years, utilizing methodologies and formulas developed in the Asilomar Accords of 2004.

D. For the purpose of this section, animal means dogs, cats, and rabbits.

(Ord. 1305 § 1 (part), 2008)

(Ord. No. 2016-03, § 1, 12-13-2016)

The owner or person entitled to the possession of any animal impounded pursuant to the provisions of this chapter may, Monday through Saturday between the hours of ten a.m. and five p.m., other than legal holidays, before the sale or other disposition as herein provided, redeem such animal by paying to the animal shelter those fees and costs established by resolution of the board of supervisors accruing up to the time of redemption.

(Ord. 1305 § 1 (part), 2008)

A. Whenever it appears that any animal in the county has bitten any person, it shall be the duty of the owner, or any other person having knowledge of such fact, to report the same to the animal control officer, the county health officer, or other law enforcement officer of the county.

B. Whenever it appears to the owner, or any other person, that an animal in the county shows symptoms or signs of rabies, or acts in such manner that would lead a reasonable person to suspect that such animal might have rabies, it shall be the duty of such owner or other person to immediately notify the animal control officer, and it shall be the duty of the owner to immediately confine such animal.

C. Whenever there is reasonable cause to believe that any animal is diseased or has bitten any person, livestock, or domestic animal, the animal control officer is authorized to take custody of such animal and keep it confined or quarantined for such period of time as is required in order to observe, examine and determine whether or not it is diseased or vicious or constitutes a menace to the public health or safety.

D. It shall be the duty of the county health officer to direct the observation and examination of any animal quarantined and determine whether the same is rabid, and if such determination is made, the county health officer shall direct the animal shelter to destroy it forthwith.

E. Whenever any animal is bitten by an animal having or suspected of having rabies, the owner or person having custody or possession of the animal so bitten shall immediately notify the county health officer or the animal control officer, and shall restrain or confine such animal. The county health officer or the animal control officer is hereby authorized to quarantine any animal so bitten, or suspected of having been so bitten, for such period of time necessary to determine whether or not the animal has rabies.

F. Whenever any animal is quarantined, it is unlawful for the owner or any other person to violate the quarantine by removing the animal from the premises, allowing it to run at large, destroying it without authorization, concealing it from the county health officer or the animal control officer, or disobeying any other quarantine restrictions that may have been imposed by the county health officer or animal control officer.

(Ord. 1305 § 1 (part), 2008)

The owner of any dead dog or cat may deliver the animal at the animal shelter for disposal or request the animal control officer to pick up a dead dog or cat for disposal, and the fee for such service shall be established by resolution of the board of supervisors.

(Ord. 1305 § 1 (part), 2008)

A. That fee established by resolution of the board of supervisors shall be charged the owner for the disposal of the carcass of an animal when the carcass is discovered by an animal control officer and ownership is later determined.

B. That fee established by resolution of the board of supervisors shall be charged the owner or any other person, including veterinarians, who requests that the animal control officer or the animal shelter dispose of the carcass of an animal.

C. The animal control officer shall not dispose of the carcass of an animal which weighs more than one hundred pounds.

(Ord. 1305 § 1 (part), 2008)

Violations of this chapter are punishable as follows:

A. Any person who violates Section 6.04.100 is guilty of a misdemeanor.

B. Any person who violates any section of this chapter other than Section 6.04.100 is guilty of a misdemeanor or an infraction.

(Ord. 1305 § 1 (part), 2008)