Nevada County Municipal Code Ch. 1 Animal Control

The provisions of this Chapter shall be effective in the unincorporated areas of Nevada County.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

This Chapter shall be known and may be cited as the Nevada County Animal Regulation Ordinance.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

This Chapter is intended to regulate, control, and protect animals existing within the unincorporated area of the county. Both Animal Shelter 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. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following terms as used in this Chapter are defined as follows:

A. Animal means and includes any reptile, avian, fish, or mammal, other than homosapiens.

B. Animal Control means the division of the Nevada 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 Nevada.

C. 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.

D. Animals of Husbandry means domestic animals normally associated with farming.

E. Animal Rescue or Shelter can be an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code and does not obtain animals from breeders or brokers for compensation. Facilities or organizations meeting this definition are required to obey all animal welfare laws, are required to obtain kennel permits when applicable for dogs, cats, exotics or other classification of animal.

F. Animal Shelter means any facility operated by a local governmental agency, contracting agency, or Humane Society where animals impounded pursuant to this Chapter or voluntarily surrendered by their owners are placed for humane care, keeping, and adoption to the public.

G. Animal Shelter Services means the staff and employees responsible for operating the Animal Shelter and for providing regulation services that promote public safety, health, and responsible pet ownership.

H. At Large is any animal, except 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 owner.

I. 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.

J. Breeder means "dog breeder," or "breeder" means a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of three (3) or more litters or twenty (20) or more dogs during the preceding twelve (12) months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association, as per Cal. Health & Safety Code § 122045.

K. Cat means any member of the domestic feline species (Felis Catus). An adult cat is any cat older than four (4) months of age.

L. Community Animal Rescue Partner means an animal rescue organization that has been certified by the Sheriff's Office as a Community Animal Rescue Partner.

M. Cruelty to Animals means the malicious and/or intentional maiming, mutilating, torturing, wounding, or killing of a live animal, or the overdriving, overloading, overworking of animals, or the deprivation of necessary sustenance, drink, or shelter from the elements, or unnecessary pain and suffering caused by negligent care, as more fully defined in Section 8.01.530 of this Code and Cal. Penal Code §§ 574—625c.

N. 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.

O. Dog means all domesticated canines.

P. Domestic Animal means any animal other than wild or exotic animals, customarily confided or cultivated by humans for domestic or commercial purposes.

Q. Estray means any domestic animal that wanders or roams at large.

R. 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.

S. 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.

T. Feral Cat means a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people, and who is totally unsocialized to people.

U. Feral Cat Colony means two (2) or more feral cats living in close proximity to one another.

V. Guard Dog means a dog trained specially for the protection of property and registered as a recognized guard dog with the local governing body.

W. Grooming Shop/Parlor means a commercial establishment where animals are bathed, clipped, plucked, or otherwise conditioned.

X. Health Department means the County Health Officer, County Public Health Agency or authorized agents of the County Health Officer or County Public Health Agency.

Y. Hunting Dog means a dog that assists a person(s) in the hunting of animals and game birds for which there is an established season for the taking of such animals or game birds.

Z. Kennel, Commercial means any facility maintained for the purpose of boarding dogs or cats for a fee, or any facility where more than three (3) dogs and/or cats over the age of six (6) months are kept, harbored, or maintained for the purpose of breeding, raising or training for a fee or for sale, or any facility that advertises as a kennel in any magazine, newspaper, or other public media.

AA. Kennel, Private means any facility where more than six (6) dogs and/or cats over the age of four (4) months are kept, harbored, or maintained for the use and enjoyment of the occupant for non-commercial purposes. Dogs used in herding farm animals incidental to agricultural uses are excluded.

BB. Impoundment means any taking custody, taking up, or confining of any animal.

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

DD. 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 swine animal except those animals commonly kept as household pets, such as, but not limited to, dogs, cats, ducks, geese, chickens, or domesticated exotic fowl.

EE. 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.

FF. License means the license issued for the specified licensing period within the County of Nevada with all fees being paid as evidenced by a valid receipt.

GG. 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.

HH. Livestock means domestic animals customarily kept, used, maintained or raised on a farm or ranch including, but not limited to, horses, ponies, burros, mules, donkeys, cows, llamas, alpacas, steers, sheep, goats, swine, rabbits and fowl.

II. 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 Chapter. 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 Chapter.

JJ. Person means any person, firm, association, organization, partnership, business, trust, corporation, or company.

KK. Pet Shop means every place where pet animals are kept for the purpose of either wholesale or retail sale, barter or hire.

LL. Physical Control means confined or restrained by a chain, rope, or leash, which is securely held or connected to a responsible adult.

MM. 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.

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

OO. 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.

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

QQ. 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.

RR. 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 Cal. Health & Safety Code § 113903.

SS. 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.

TT. 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.

UU. 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.

VV. Unlicensed means the licensing fee has not been paid for the current licensing period in the County of Nevada.

WW. Vaccination means an inoculation of an animal with a vaccine approved by, and in the manner prescribed by, the Department of Public Health of the State of California.

XX. Veterinarian means a person licensed by the State of California to practice veterinary medicine.

YY. Vicious or Potentially Dangerous Dog means:

Potentially Dangerous Dog:

1. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36)-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/custodian of the dog.

A defensive action is the process of doing something or anything to provide protection or support to prevent bodily injury from aggression or attack by a dog when the person and the dog are off the property of the owner/custodian of the dog.

2. Any dog which, when unprovoked:

a. Bites a person, causing an injury less severe than a muscle tear or a disfiguring laceration, or less than requiring multiple sutures or corrective or cosmetic surgery.

b. Kills a domestic animal off the property of the owner/custodian of the dog.

3. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36)-month period, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner/custodian of the dog.

4. Any dog that has been deemed by another governmental jurisdiction as "potentially dangerous," or "dangerous," or similar designation, shall be designated as "Potentially Dangerous" within the County of Nevada.

Vicious Dog:

1. Any dog which, when unprovoked, in an aggressive manner, inflicts any injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery, or who kills a human being; or

2. Any dog previously determined to be, and currently listed as, a potentially dangerous dog which, after its owner/custodian has been notified of the determination, continues the behavior described as potentially dangerous dog, or who is maintained in violation of this Chapter.

ZZ. Wild Animal means and includes any animal identified in Cal. Fish and Game Code § 2116.

AAA. Working Animal means animals under the control of humans and used for the movement of livestock, fowl, tracking, obedience, show, or animals used by law enforcement agencies while in the performance of their official duties.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A. Animal Control shall be under the general direction of the Nevada County Sheriff's Office. Animal Shelter Services shall be under the general direction of the Animal Shelter Director.

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

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

2. To exercise all enforcement powers granted by Cal. Food and Agric. Code § 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 Chapter.

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

1. To enforce the provisions of the ordinance codified in this Chapter 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 Chapter.

Pursuant to Cal. Penal Code § 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 §§ 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 Cal. Penal Code § 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. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Animal Control Officers are vested with the power of public officers. Such officers are authorized to enforce the provisions of this Chapter, the provisions of State law, or other County Ordinances and Resolutions regarding the care, treatment, and control of animals; furthermore, such officers have the power to make arrests, issue citations, issue warning notices, quarantine animals, impound animals, or initiate civil action for violations of such ordinances, resolutions, or State or Federal law.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

All duly authorized Animal Control Officers shall be authorized to enter any premises where an animal is kept for the purpose of seizing and impounding any animal which has been mistreated or kept in violation of the laws of the State or the provisions of County Ordinances or Resolutions. A search warrant or inspection warrant shall be obtained whenever required by law.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Sheriff, or their designee, may formulate administrative policies, as deemed necessary, for the purpose of carrying out the intent of this Chapter.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Animal Control Officers designated are authorized to carry firearms when acting in the course and scope of their duties pursuant to Cal. Penal Code § 830.9.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Animal Control Officers are authorized to employ the use of the tranquilizer gun.

No officer shall employ use of the tranquilizer gun until such officer has received proper training on the care and use of the tranquilizer gun.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any Animal Control Officer or peace officer may impound any animal for violations of this Chapter, or when deemed necessary to preserve public health and safety or to prevent needless suffering of animals.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A. Any impounded dog or cat shall be held for a period of not less than six (6) business days, not including the day of impoundment, except:

1. If the shelter has made the dog or cat available for owner/custodian redemption on one (1) weekday evening until at least 7:00 p.m., or one (1) weekend day, the holding period shall be four (4) business days, not including the day of impoundment, or

2. If the shelter has fewer than three (3) full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners/custodians to reclaim their dogs by appointment at a mutually agreeable time when the shelter would otherwise be closed, the holding period shall be four (4) business days, not including the day of impoundment.

B. Except as provided in Cal. Food & Agric. Code §§ 17006 and 31752.5, stray dogs and cats shall be held for owner/custodian redemption during the first three (3) days of the holding period, not including the day of impoundment, and shall be available for owner/custodian redemption or adoption for the remainder of the holding period.

C. Any stray dog or cat that is impounded may, prior to the killing of that animal, be made available to an animal rescue or adoption organization that has expressed an interest in said animal; provided, however, that said animal has not been determined non-adoptable for any reason by the Chief of Animal Control or the Supervising Animal Control Officer.

D. If an apparently feral cat has not been reclaimed within the first three (3) days of the required holding period, shelter personnel qualified to verify the temperament of the cat shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period. If the cat is determined to be feral, the cat may be euthanized or relinquished to a nonprofit animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered.

E. Any other impounded animal, including, but not limited to, a rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, turtle, or tortoise legally allowed as personal property shall be held for a period of not less than six (6) days under the same terms and conditions applicable to dogs and cats as provided in this Chapter.

F. For the purpose of this Section, any time the animal shelter is closed (regularly scheduled day of closure or holiday), such time shall not be counted against the minimum holding periods for animals.

G. This Section shall not apply to cats that are severely injured or seriously ill, or to newborn cats unable to feed themselves.

H. Notice: Following the impoundment of any animal and prior to the adoption or euthanasia of the animal, reasonable efforts shall be made by the Animal Shelter Director or designee, to identify the animal's owner (including a microchip scan) and to contact the owner in writing with notice of impoundment and redemption availability.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

When an Animal Control Officer or peace officer determines that an animal may become a threat to the health or safety of itself or others, and determines that immediate seizure of the animal is not necessary, the Officer shall provide the owner/custodian of the animal with the opportunity for a pre-seizure hearing prior to the seizure or impoundment of such animal. Notice of hearing, and the conduct of such hearing, shall comply with the provisions set forth in Cal. Penal Code § 597.1. The pre-seizure hearing shall be held prior to the commencement of any related criminal proceedings.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Whenever an Animal Control Officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or others, the Officer shall provide the owner/custodian of the animal, if known, with the opportunity for a post-seizure hearing to determine the validity of the seizure, impoundment, or both. Notice of hearing, and the conduct of such hearing, shall comply with the provisions set forth in Cal. Penal Code § 597.1. The post-seizure hearing shall be held prior to the commencement of any related criminal proceedings.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any impounded animal, except any bovine animal that is not redeemed within the applicable holding period as specified in Section 8.01.120 in this Chapter, shall become the property of the County.

Any bovine animal not redeemed within the applicable holding period shall be turned over to the Director of Agriculture pursuant to Cal. Food & Agric. Code § 17003.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The owner/custodian of any impounded animal may redeem such animal by paying all applicable fees or deposits pursuant to Sections 8.01.210 and 8.01.220, and any amount spent for veterinary services. The Sheriff or the Supervising Animal Control Officer, shall have the authority to waive the impounding fee for good cause.

If an animal is properly seized, all provisions of Cal. Penal Code § 597.1 shall apply.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A. Any animal relinquished by the purported owner/custodian shall be held for four (4) full business days, not including the day of impoundment. The animal shall be available for owner/custodian redemption on the first day and shall be available for owner/custodian redemption or adoption on the second day. After the fourth day, the animal may be adopted by a new owner/custodian, or held longer, or euthanized, or released to an animal adoption organization.

B. Notwithstanding Subsections 8.01.170.A above, kittens and puppies relinquished by the purported owner/ custodian or brought in by any other person with authority to relinquish them, may be available immediately for adoption.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Animal Shelter Director, or designee, is authorized to put an animal up for adoption or to destroy any animal that becomes the property of the County.

The Sheriff or any Animal Control Officer is authorized to kill any animal that poses an imminent threat to any person or neighborhood, when such animal cannot be safely captured by such Animal Control Officer.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Animals subject to disposition by the County may be adopted, provided such adoption is not contrary to law or to the public interest.

Dogs or cats may not be sold or adopted for purposes other than keeping as pets.

Dogs or cats may not be adopted without first having been spayed or neutered or a fee thereof having been deposited.

Dogs over four (4) months of age may not be adopted without first having been licensed or a fee thereof having been deposited.

Cats may not be adopted without first having been spayed or neutered or a fee thereof having been deposited.

Other animals may be adopted by payment of any applicable fees and/or deposits.

When an animal is adopted, the receipt issued by the Animal Shelter Director, their designee, or Animal Control Officer, shall be valid title to the person adopting the animal.

If within sixty (60) days of an adoption of any livestock animal, a person proves they are the owner/custodian of such livestock animal, the Board of Supervisors may allow a claim in favor of such person, payable out of the General Fund, for the amount paid into the treasury on account of such animal, less costs incurred.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Animal Shelter Director shall keep a record of all animals captured, medically treated, euthanized, or impounded. Such records shall reflect:

A. The date the animal was captured, medically treated, euthanized, or impounded.

B. An accurate description of such animal, license or rabies tag number, if any.

C. The circumstances under which the animal was captured, medically treated, euthanized, or impounded.

D. The names of the personnel who captured, medically treated, euthanized, or impounded the animal.

E. A description of any medical treatment provided to the animal and the name of the veterinarian of record.

F. The final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the adopting party.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A. Deposit Fees—Adopted Animals.

1. Deposit fees for the spaying or neutering of dogs and cats six (6) months of age or older at the time of adoption shall be forfeited if the animal is not spayed or neutered within thirty (30) days of the date of adoption.

2. Deposit fees for the spaying or neutering of dogs or cats under six (6) months of age shall be forfeited if the animal is not spayed or neutered within six (6) months of the date of adoption.

3. Deposit fees for dog licenses shall be forfeited if a valid rabies certificate is not presented within ten (10) days of the date of deposit.

B. Refund of Deposit Fees. A refund of the deposit fees may be obtained by submitting a request for the refund along with adequate proof of spaying or neutering or a valid rabies certificate, whichever is applicable.

C. Deposit Fees—Permitted Uses.

1. Spaying or neutering deposit fees that are not refunded shall be deposited by the Chief of Animal Control with the County Treasurer for use by the County for the following purposes, as permitted by Cal. Food & Agric. Code § 30521:

a. A program to spay or neuter dogs or cats;

b. A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government;

c. A follow-up program to ensure that dogs and cats transferred by the public Animal Control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with any agreement executed under Cal. Food & Agric. Code § 30520(d).

d. Any additional costs incurred by the public Animal Control agency or shelter, society for the prevention of cruelty to animal shelter, humane society shelter, or rescue group in the administration of this Chapter.

D. Rescue and Adoption Organizations. In addition to any spay or neuter deposit fee, the animal shelter may assess a fee, not to exceed the standard adoption fee, for animals released to nonprofit animal rescue or adoption organizations.

E. Health Fees—Permitted Uses.

1. Pursuant to the Nevada County Animal Control Fee Resolution, a portion of the adoption fee for dogs and cats is designated as a health fee. The health fees collected shall be deposited in a special Animal Health Fund for the treatment of dogs and cats that are not adoptable but could become adoptable with reasonable treatment. The Animal Health Fund may be used for the purpose of such treatment including, but not limited to, the following:

a. Veterinary services;

b. Medication;

c. Grooming;

d. Purchase of equipment used for treatment.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Board of Supervisors shall, by resolution, set the amount of fees for animal control services which may include, but are not limited to, the following:

1. Impounding fees;

2. Boarding fees;

3. Licensing fees;

4. Animal turn-in fees;

5. Quarantine fees;

6. Euthanasia fees;

7. Adoption fees;

8. Spaying and neutering deposit fees;

9. Potentially Dangerous Dog fees.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Every dog over four (4) months of age shall have a medically current vaccination with a canine anti-rabies vaccine approved by the Health Department of the State of California. Such rabies vaccination shall be administered by a licensed veterinarian.

Every person who owns or comes to own an unvaccinated dog shall have ten (10) days in which to comply with the provisions of this Section.

Notwithstanding any provisions to the contrary herein, no dog need be vaccinated for rabies where:

A. A licensed veterinarian has examined said dog and certified at such time that a vaccination would endanger the dog's health because of physiological reasons;

B. Such certificate is presented to the Animal Shelter Director or Animal Control Officer within five (5) days of such examination; and

C. The Sheriff or Animal Control concurs with the opinion of the veterinarian contained in such certificate and endorses on such certificate their approval thereof. Such certificate must bear the date of issuance and must be renewed each year.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Every person who lives in the unincorporated areas of the County owning, possessing, controlling, harboring or keeping any dog over four (4) months of age shall procure a dog license for each dog from the licensing authority, as long as ownership of the dog continues, or within thirty (30) days after acquiring or bringing into the County any dog over the age of four (4) months, and shall continue to procure such license as required herein, so long as the ownership or custodianship of the dog continues.

No license shall be issued unless a valid certificate of rabies vaccination is presented, and such vaccination meets the requirements pursuant to Section 8.01.230 of this Chapter and is sufficient to immunize said dog against rabies for the current licensing term.

Any dog found to be potentially dangerous or vicious in another jurisdiction must be licensed as such within ten (10) days of relocating into the County of Nevada. The owner must comply with all requirements as if the animal was deemed potentially dangerous or vicious in this County.

Failure to comply with the registration requirements of a dog found to be vicious or potentially dangerous will result in revocation of a license and impoundment.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The requirements of Section 8.01.240 this Chapter shall not apply to dogs found within the County under the following conditions:

A. When a dog is owned by a nonresident who is traveling through the County or who is temporarily visiting for a period not exceeding thirty (30) days in any calendar year.

B. When a dog is brought into the County and kept therein for a period not exceeding thirty (30) days, in any calendar year, for the purpose of entering said dog in competition, exhibition, field trials, show, or hunting.

C. When a dog is in a commercial kennel and such kennel has a current kennel license.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Board of Supervisors shall, by resolution, designate the licensing authority and set the licensing term for dog licenses.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

In addition to the regular license fee as required, a late penalty, established by resolution by the Board of Supervisors, shall be assessed under any of the following conditions:

A. When a dog license is not renewed within thirty (30) days of its expiration date.

B. When a dog license is not obtained within thirty (30) days after a dog comes of age.

C. When a dog license is not obtained within thirty (30) days after a dog over four (4) months of age, is acquired or brought into the County.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The owner/custodian shall state at the time application is made, and upon forms provided for such purpose, their name, address, and telephone number, and the name, breed, color, age, and sex of each dog for which application is made.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The licensing authority, upon payment of fees and any applicable penalty, shall furnish a tag and a license certificate with corresponding number.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

In the event a license tag issued to a dog is lost or destroyed, the owner shall, within ten (10) days thereafter, procure a replacement tag.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A valid license may be transferred from one owner/custodian to another, for the same dog, with no charge, but only upon notification to and recordation by the licensing authority of such change.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The licensing authority shall maintain a record of all dog licenses issued, including the corresponding identifying tag numbers, the owner/custodian to whom they are issued, and the dogs for which they are issued. Such records shall be maintained for a minimum of three (3) years after a license has expired.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The license tag, issued to the dog owner/custodian, shall be fixed securely to a collar, harness, or other device and shall be worn at all times by the dog for which such license tag was issued.

The requirements of this Section shall not apply in the following circumstances:

A. When a dog is securely confined to the owner/custodian's premises.

B. When a dog is engaged in an activity that customarily prohibits such dog from wearing a device to which a tag may be attached, such as hunting or show.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The holder of a dog license certificate shall preserve the license upon the premises where the dog is kept, and shall, upon request of any Animal Control Officer or peace officer, show to such Officer the license certificate for such dog.

No unauthorized person shall remove from any dog any collar, harness, or other device to which a license tag is attached, except in cases of emergency.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No person shall attach or allow to be attached to any dog a rabies or license tag that was not specifically issued for such dog.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No person shall operate or maintain any kennel, either commercial, private, or operating as a breeder or rescue, as defined herein, without a valid kennel license from Animal Control.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The kennel licensing term shall be for one (1) year, commencing July 1st and ending June 30th of the following year.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Applications for a kennel license may be obtained from the Nevada County Animal Control.

Any commercial kennel may require a land use permit. A review and permit or waiver from the Community Development Agency is required prior to Nevada County Animal Control issuance of a license.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

After receiving zoning confirmation from the Community Development Agency and Animal Control, Animal Control shall collect applicable fees, schedule an inspection, and proceed with the processing of the application. If Animal Control approves the application, a kennel license shall be issued.

Animal Control shall not issue a kennel license if any of the aforementioned departments deny the applicant's kennel license application.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Animal Control may renew kennel licenses (kennels that were current in the previous fiscal year) upon receipt of renewal application, payment of applicable fees, and inspection and approval by Animal Control. Additional fees may incur if more than one (1) inspection is required in a single renewal process.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Every person within the County who owns, conducts, manages, or operates a licensed kennel shall comply with all of the requirements of Nevada County Community Development Agency, Animal Control Program, and all applicable provisions of State and Federal Law and this Chapter.

A. Minimum standards for all kennels:

1. All animals shall be confined in a manner approved by Animal Control;

2. The facility shall be maintained in a clean and sanitary manner and all droppings removed daily;

3. The area where animals are kept shall be subject to inspection without notice by Animal Control at any reasonable hour of the day;

4. Proof of rabies vaccinations shall be available for inspection for all animals over the age of four (4) months;

5. Providing Animal Control with an Emergency Evacuation Plan is required prior to issuance of a license.

B. Additional minimum standards for commercial kennels, and rescue organizations:

1. Location of the animal holding facility must be approved by Animal Control. In no event are animals to be located closer to a neighbor than to the owner/custodian of the animals;

2. All dogs shall be kept in an enclosed and approved structure between the hours of 10:00 p.m. and 6:00 a.m., or anytime when the animals are left unattended for more than four (4) consecutive hours;

3. Dog licensing shall be maintained as required.

The Sheriff, or their designee, may establish additional conditions or standards deemed necessary for the purpose of carrying out the intent of this Section. Compliance with such conditions or standards shall be a prerequisite to the issuance and continued validity of any kennel license provided pursuant to this Section.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Animal Control may revoke any kennel license issued, upon notification that an investigation has been made and violations have been found. Notification of revocation may be by personal delivery, facsimile, or by mail.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any person who willfully opposes, resists, or interferes with any Animal Control Officer lawfully performing their duty shall be deemed guilty of a misdemeanor.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person to remove any animal from the custody of any Animal Control Officer, Animal Control vehicle, or Animal Control shelter without permission or without payment of any applicable fees.

Violation of this Section is a misdemeanor.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No person shall allow or permit any animal into, or take any animal, whether loose, on a leash or in arms, into any food establishment, such as a restaurant, grocery store, meat market, or into any place where alcoholic beverages are sold, except service dogs or dogs being trained as service dogs.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No person owning or having possession, charge, custody, or control of any animal shall cause, permit, or allow the animal to be in any building or enclosure or to stray, run, or in any other manner to be at large in or upon any public street, sidewalk, park, school ground, or other public place, or upon any private place or property without the permission of the owner or person in control of such private place or property.

An animal shall be deemed at large anytime it is off the premises of its owner/custodian and not under direct control of the owner/custodian by means of leash, chain, tether, adequate fence, or other effective device.

The provisions of this Section shall not apply to:

A. Any hunting dog during such time it is being used for the purpose of lawful hunting, or during such time it is being trained to be a hunting dog, provided such hunting or training is on land or premises to which the person hunting or training such dog has a legal right to be upon.

B. Working animals during those periods when the animal is working.

C. Animals in the immediate presence and under direct control of the owner/custodian. This means the animal is in the close proximity of the owner/custodian, and the owner/custodian can demonstrate effective control of the animal.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person to permit any female dog which is owned, harbored, or controlled by them to run at large at any time during the period when the dog is in heat or breeding condition, or to allow such female dog to remain indiscriminately accessible to other dogs while such female is in heat or breeding condition.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person to permit any dog which is owned, harbored, or controlled by said person to run at large on any farm on which livestock or domestic fowls are kept, without the consent of the owner of the farm.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any dog that is owned, harbored, or controlled by a person to persistently pursue, wound, or kill any of the following:

A. Livestock, on land or premises which are not owned or possessed by the owner/custodian of the dog;

B. Fully protected, rare, or endangered animals, at any time;

C. Game animals, during the closed hunting season of such animals.

A violation of this Section shall be a misdemeanor and may result in penalties set for misdemeanors.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any owner, lessee, or person in custody or control of any livestock shall contain such animals by a lawful fence or other effective means.

For purpose of this Section, a "lawful fence" means any fence that is good and strong and is substantial and sufficient to prevent the ingress and egress of livestock.

No wire fence is a good and substantial fence within the meaning of this Section unless it has three (3) tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one (1) rod sixteen and one-half (16.5') feet apart, one (1) of which wires shall be at least four (4') feet above the surface of the ground.

Any kind of wire or other fence of height, strength, and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this Section. The term "lawful fence" includes cattle guards of such width, depth, rail spacing, and construction as will effectively turn livestock.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

It shall be unlawful and a nuisance for any person owning or having control of any animal to allow or to permit any animal to do any of the following:

A. To utter any frequent or continuous noise of an irritating or raucous nature which disturbs the peace and tranquility of the neighborhood for a period of twenty (20) minutes or more in an hour.

If such nuisance is continuous and no person having custody or control of the animal can be located, any Animal Control Officer or Peace Officer may attempt to abate the nuisance, as long as they are not required to enter into an enclosed building or residence. If the nuisance cannot be abated by any other means, the animal may be impounded. A notice of impoundment shall both be affixed to the premises from which the animal was removed and shall also be mailed to the registered owner/custodian. The notice shall inform the owner how to reclaim the animal in accordance with the provisions of this Chapter, including payment of all applicable fees.

B. To damage or destroy the property of another person or public property, or to repeatedly deposit its bodily waste fluid or matter upon such property.

C. To cause unsanitary, dangerous, or offensive conditions due to inadequate care of facilities, or due to the size, type, or number of animals maintained at a single location.

D. To interfere with the freedom of lawful movement of persons, or to chase vehicles, or to create a nuisance in any other way.

All complaints regarding animal nuisances shall be in writing. The Sheriff or their designee, after receiving such complaint, shall initiate an investigation to determine if in fact a nuisance condition exists. If they find that a nuisance condition exists, they may issue an order to conform, issue a citation, or both.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any person violating the provisions of Cal. Penal Code § 597, Malicious Cruelty to Animals, shall be charged under the provisions of California Statute.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any person violating the provisions of Cal. Penal Code § 597.1 regarding Care of Animals shall be charged under the provisions of California Statute.

If the animal is sheltered, the shelter shall be maintained in a humanely clean condition and be subject to a minimum of weekly cleaning to remove excrement and other waste materials to minimize health hazards to the animal. Any person violating this subsection is guilty of an infraction, including but not limited to malicious cruelty to animals.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Every person owning, having possession, charge, or control of any vicious or dangerous animal other than a dog, as defined or declared herein, shall not allow or permit such animal to run at large; furthermore, every person having possession, charge, or control of such animal shall confine the animal on the premises in such a manner to protect persons that are on or near such premises peacefully and lawfully.

Violation of this Section shall be a misdemeanor.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Sheriff, Animal Control Officers, or peace officers may declare an animal, other than a dog, vicious or dangerous if such animal shows a propensity to attack, bite, scratch, or harass people or other animals without being provoked, in such Officer's presence, or upon sufficient proof that the animal has displayed such a propensity for violence.

The Sheriff, or their designee, may declare an animal vicious or dangerous based on the number of, or circumstances of a bite, or for any other reason that they deem appropriate for the protection of public health.

The Sheriff, or their designee, after receiving one (1) or more complaints, in writing, accusing an animal of being vicious or dangerous, may initiate an investigation to determine if such animal is vicious or dangerous. Based on the facts of the investigation, such animal may be declared vicious or dangerous. An owner may waive the investigation by voluntarily agreeing in writing to have the animal deemed potentially dangerous.

In any case where an animal is declared vicious or dangerous, the owner shall be notified in writing of such declaration and the reasons for such declaration.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A. Procedure for Declaring Dog Potentially Dangerous or Vicious. 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 Animal Control Officer or law enforcement officer shall file a petition with the court within the judicial district where the dog is owned or kept. The owner will be given the option of agreeing with the designation or proceed to a hearing. If there is an agreement, the agreement will be submitted to the court along with a proposed order. If there is no agreement to the designation, a hearing will be held to determine whether or not the dog in question should be declared potentially dangerous or vicious pursuant to the procedures set forth in Cal. Food & Agric. Code §§ 31621—31626.

B. Seizure and Impoundment of Dog.

1. If, upon investigation, it is determined by the Animal Control Officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Control Officer, or law enforcement officer, may seize and impound the dog pending the hearing pursuant to Cal. Food & Agric. Code §§ 31621—31626. The owner or keeper of the dog shall be liable to the County, where the dog is impounded, for the costs and expenses of keeping the dog, if the dog is later adjudicated to be potentially dangerous or vicious. An owner may waive the investigation by voluntarily agreeing in writing to have the animal deemed potentially dangerous or vicious.

2. When a dog has been impounded and it is not contrary to public safety, the Sheriff, or their designee, shall permit the animal to be confined, at the owner's expense, in an Animal Control approved kennel or veterinary facility.

C. Every person owning, having possession, charge, or control of a potentially dangerous dog, as defined by this Code, or a vicious dog, as defined by this Code, shall comply with the following provisions which are designed to reduce injury or death to human and animal life:

1. Licensing, Micro-Chipping, and Vaccination of Potentially Dangerous or Vicious Dogs. All potentially dangerous or vicious dogs shall be properly licensed, micro-chipped, and vaccinated. The licensing authority shall include the "potentially dangerous" designation in the registration records of the dog, either after the owner/custodian of the dog has agreed to the designation, or the court or hearing entity has determined the designation applies to the dog. The County may charge a "potentially dangerous dog" fee, in addition to the regular licensing fee, to provide for the increased costs of monitoring the dog.

2. Spaying or Neutering. The owner/custodian of a dog designated as Potentially Dangerous or Vicious shall have the dog spayed or neutered by a licensed veterinarian at the owner's/custodian's expense within fifteen (15) calendar days from the date the animal was designated Potentially Dangerous or Vicious.

3. Confinement of a Potentially Dangerous or Vicious Dog. A potentially dangerous or vicious dog, while on the owner/custodian'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. The owner/custodian shall ensure that a bright orange collar is worn by the dog at all times, and the owner/custodian must display a sign of at least ten (10") inches by ten (10") inches in size, in an area conspicuous to the public, that warns in prominent letter of the presence of a "Dangerous" or "Vicious" dog on the property.

The owner/custodian shall immediately notify Animal Control if the Potentially Dangerous or Vicious dog becomes loose or bites or attacks another person or animal. In no event shall a Potentially Dangerous or Vicious dog be left unattended away from the owner's/custodian's property.

The owner/custodian of a Potentially Dangerous or Vicious dog shall ensure that the animal is maintained in a manner so that it does not cause a threat to any mail carrier, public utility personnel, or other individual(s) having the lawful right to enter the property.

A potentially Dangerous or Vicious dog may be off the owner's/custodian's premises only if it is muzzled, restrained by a substantial leash of appropriate length (not greater than six (6') feet in length), and is under the control of a responsible adult at all times.

4. Financial Responsibility. The owner/custodian of a dog designated Potentially Dangerous or Vicious shall present proof to Animal Control of a bond or liability insurance coverage in the amount of at least one hundred thousand dollars ($100,000.00) to cover any future damage or injury caused by the dangerous or vicious dog during its lifetime. The bond or liability insurance coverage shall remain in effect during the life of the animal, and the coverage shall be evidenced by an endorsement by the insurer that any notice of cancellation of coverage will be provided to Animal Control at least thirty (30) days prior to the cancellation date.

5. Procedure for Sale or Transfer of a Potentially Dangerous or Vicious Dog. If the dog in question dies or is sold, transferred, relocated within the County, or permanently removed from the city or county where the owner/custodian resides, the owner/custodian of the potentially dangerous or vicious dog shall notify the Animal Control Program, in writing, of the changed condition and new location of the dog within two (2) working days.

6. Removal From List of Potentially Dangerous or Vicious Dogs. If there are no additional instances of the behavior described in this Code within a thirty-six (36)-month period from the date of designation as a "potentially dangerous or vicious dog," the dog shall be removed from the list of potentially dangerous dogs. The dog may be, but is not required to be, removed from the list of potentially dangerous or vicious dogs prior to the expiration of the thirty-six (36)-month period if the owner/custodian of the dog demonstrates to the Animal Control Program that changes in circumstances or measures taken by the owner/custodian, such as training of the dog, have mitigated the risk to the public safety.

D. Procedure for Destruction of Vicious Dog.

1. A dog determined to be a vicious dog may be destroyed by the Animal Control Program when it is found (after proceedings conducted pursuant to Cal. Food & Agric. Code §§ 31621—31626) that the release of the dog would create a significant threat to public health, safety, and welfare.

2. If it is determined that a dog found to be vicious shall not be destroyed, the body adjudicating the determination shall impose conditions, including but not limited to those set forth in this Code upon the ownership of the dog that protect public health, safety, and welfare.

3. Any enclosure that is required pursuant to this Code shall be a fence or structure suitable to prevent the entry of young children and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner/custodian of the dog. The enclosure shall be designed in order to prevent the animal from escaping.

E. Penalties for Potentially Dangerous and Vicious Dogs. Any violation of the provision involving a potentially dangerous dog shall be punished by a fine. All such fines shall be used to defray the cost of controlling and regulating vicious and potentially dangerous dogs.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No person shall have, keep or maintain any wild, exotic or non-domestic animal without first applying to, and receiving special authorization from the Sheriff, or their designee. Nevada County Zoning Regulations on Animal Keeping and Raising (require a Use Permit (UP) and zoning compliance to keep any wild, exotic, or non-domestic animal in the County, and a copy of the Use Permit will be needed before any permission is granted. The keeping of specific native wild or non-domestic animals for rehabilitation purposes is allowed with approval from the State of California Department of Fish and Game, the United States National Wildlife Federation, the Sheriff, and an Administrative Development Permit from the Planning Department. The Administrative Permit is subject to the standards set forth in this Code.

The Sheriff may authorize the keeping or maintenance of any wild, exotic, or non-domestic animal when, in their opinion, any such animal may be kept or maintained without endangering the safety of any person, neighborhood, or property; furthermore, the Sheriff may require any such animal to be properly caged, tethered or restrained, or they may set additional requirements that may be necessary and proper under the circumstances. The Sheriff may revoke such authorization when, in their opinion, the safety of any person, neighborhood, or property is endangered by the keeping of any such animal, or for violations of any conditions established for keeping such animal.

The Sheriff shall not issue any such authorization for any wild animal that requires a permit from the State Department of Fish and Game until such permit is issued by said Department.

Violation of this Section shall be a misdemeanor.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Persons owning and/or controlling stallions shall provide confinement for said animal(s).

For the purpose of this Section, "confinement" means fencing at least six (6') feet high with no more than eight (8") inches of space between fence material elements, and shall be of such construction and strength as to prevent egress and ingress of stallions attracted to other animals and ingress of animals attracted to stallions.

Violation of this Section shall be a misdemeanor.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No person shall willfully abandon any animal in Nevada County. Violation of this Section shall be misdemeanor.

The refusal or failure of the owner/custodian of any animal to pay the fees and charges, after due notification, shall be held to be an abandonment of the animal by the owner/custodian.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

A. No person shall leave any animal in an unattended vehicle without adequate ventilation or in such a manner to subject the animal to extreme temperatures that adversely affect the animal's health and welfare.

B. No person shall leave any dog unattended in any vehicle without confining the dog in such a manner to prevent it from reaching the outside edge of the vehicle with any portion of its body.

Animal Control Officers and peace officers shall be empowered to remove an animal from a vehicle under emergency circumstances when the animal is endangering the safety of the public.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person owning or having under their control at the time of an animal's death to permit the carcass of any dead animal to remain unburied for a period in excess of twenty-four (24) hours.

In any case where the owner/custodian or person having control of any animal at the time of its death fails to dispose of such dead animal within the prescribed period, the County shall be entitled to dispose of such animal. In addition to any penalty imposed, such costs of removal and burial shall be a charge against the owner/custodian or person in control of the animal immediately prior to its death.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Sheriff, peace officer, or any Animal Control Officer may capture or kill:

A. Any dog found in the act of persistently pursuing, worrying, wounding, or killing livestock or fowl on land or premises which are not owned or possessed by the owner/custodian of the dog.

B. Any dog found in the act of pursuing, wounding, or killing any game animal during the closed hunting season on such game animal.

C. Any dog found in the act of pursuing, wounding, or killing any fully protected, rare, or endangered animal.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any person may take and hold any stray animal or animal trespassing on their property; however, such person shall notify the Animal Control Program within twenty-four (24) hours of the following:

A. The fact that they have such an animal in their possession;

B. A complete description of the animal;

C. The license tag number, rabies tag number, or any other identification tag that may be attached to such animal. If the animal has no source of identification the person shall so state;

D. The place where such animal is confined.

If the owner/custodian of such animal is unknown or cannot be contacted within seventy-two (72) hours, or upon request from an Animal Control Officer, such animal shall be immediately surrendered to the Animal Control Program for impoundment.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any rabid animal or clinically suspected rabid animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian, in an animal shelter, veterinary hospital, or other adequate facility, and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies, with the exception that such animals may be sacrificed with permission of the Sheriff, or designee, for the purpose of laboratory examination for rabies using the fluorescent rabies anti-body (FRA) test in an approved public laboratory.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

The Chief of Animal Control, or any Animal Control Officer, shall quarantine any animal of a species subject to rabies, that has bitten or otherwise possibly exposed a person to rabies. Such quarantine shall be in conformance with the County's policies on the quarantine of biting animals. The quarantine period shall be ten (10) days for dogs and cats and fourteen (14) days for all other animals, from the infliction of the bite.

In any case where the animal is permitted to be quarantined at home, the owner/custodian or person in custody or control of such animal, shall enter into a quarantine agreement with the Animal Control Program.

It shall be unlawful for the owner or person in custody or control of an animal, to violate any of the conditions of quarantine prescribed by the Health Officer or the Animal Control Program.

Violation of this Section shall be a misdemeanor.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid, or suspected rabid, animal shall be quarantined in a place and manner approved by the Sheriff, or designee, for a period of six (6) months or destroyed, with the exception that the following alternatives are permitted in the case of dogs and cats as follows:

A. If a dog over one (1) year of age has been vaccinated against rabies within thirty-six (36) months but not less than thirty (30) days with a rabies vaccine of a type approved by the State Department of Health Services for a maximum immunity duration of at least thirty-six (36) months, the dog may be revaccinated immediately (within forty-eight (48) hours) in a manner prescribed by the State Department of Health Services and quarantined in a place and manner approved by the Sheriff, or their designee, for a period of thirty (30) days.

B. If a dog under one (1) year of age has been vaccinated against rabies within twelve (12) months but not less than thirty (30) days with a rabies vaccine of a type approved by the State Department of Health Services, the dog may be revaccinated immediately (within forty-eight (48) hours) in a manner prescribed by the State Department of Health Services and quarantined in a place and a manner approved by the Sheriff, or their designee, for a period of thirty (30) days.

C. If a cat has been vaccinated within one (1) year, but not less than thirty (30) days, with an annual type feline rabies vaccine, or if a cat has been vaccinated under one (1) year of age with a thirty-six (36)-month type of feline rabies vaccine within twelve (12) months, but not less than thirty (30) days, the cat may be revaccinated immediately (within 48 hours) in a manner prescribed by the State Department of Health Services and quarantined in a place and manner approved by the Sheriff, or designee, for a period of thirty (30) days following revaccination.

D. If a cat over one (1) year of age has been vaccinated against rabies and has been vaccinated within thirty-six (36) months and more than thirty (30) days with a thirty-six (36)-month type feline rabies vaccine, the cat may be revaccinated immediately (within forty-eight (48) hours) in a manner prescribed by the State Department of Health Services and quarantined in a place and manner approved by the Sheriff, or their designee, for a thirty (30)-day period following revaccination.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any person aggrieved by any decision or action resulting from the application of this Chapter may appeal such decision or action within fifteen (15) days to the Board of Supervisors.

The Board of Supervisors may sit as a hearing board for such appeals, or it may designate a hearing officer or hearing board to hear such appeals.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

No liability shall be incurred by the County or its agents for the disposition or non-disposition of any animal made pursuant to the provisions of this Chapter.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))

Any person violating any provision of this Chapter, except as otherwise expressly set forth herein, is guilty of an infraction. Upon conviction of the infraction there shall be a fine imposed as follows:

A. For a first violation, a fine not exceeding one hundred dollars ($100.00);

B. For a second violation of the same Ordinance § within a twelve (12)-month period, a fine not exceeding two hundred dollars ($200.00);

C. For a third or subsequent violation of the same Ordinance § within a twelve (12)-month period, a fine not exceeding five hundred dollars ($500.00);

D. The fourth and any further violations of the same Ordinance § within a twelve (12)-month period from the date of commission of the first violation, shall be deemed misdemeanors.

Violations of the State statutes shall carry the penalties and other consequences of their respective codes.

(Ord. 2522. (04/18/2023); Ord. 2530. (10/24/2023))