Chapter 6.08 — GENERAL PROVISIONS

The Contra Costa County Animal Control Ordinance, Division 416 of the Contra Costa County Code, is adopted by reference in its entirety and incorporated herein. The provisions of this ordinance shall be enforced by the Contra Costa County Animal Services Department pursuant to the agreement between the City of Orinda and the County. (Ord. No. 18-06, § 3, 4-10-18)

Violation of this Chapter shall be subject to the penalties of County Code Division 416, set forth as follows: (a) Notwithstanding Section 14-8.004, and pursuant to California Food and Agricultural Code Section 31401, violations of Division 416 of this code, excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than fifty dollars ($50.00) for the first offense, and not more than one hundred dollars ($100.00) for the second or subsequent offense. (b) Notwithstanding subsection (a) above, violation of section 416-4.404 Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such. (c) Article 416-4.8 of Division 416 provides for administrative fines that the animal services department may impose, enforce, and collect to address any violation of Division 416. (1) For a continuing violation, the amount of the fine is one hundred dollars ($100.00) for the first notice of fine. If the owner fails to correct the violation after the first notice of fine, and a second notice of fine is issued in

the same year, the amount of the fine in the second notice is two hundred dollars ($200.00). If the owner still fails to correct the violation after the second notice of fine, the amount of the fine is five hundred dollars ($500.00) for each additional notice of fine that is sent within one year. (2) If the violation is not a continuing violation, the amount of the fine is one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation of the same section within one year, and five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. (d) Violation of chapter 416-10, except for the provisions of Section 416-10.010(b), is a misdemeanor. Violation of Section 416-10.010(b) is subject to Article 416-4.6 of Division 416. (e) The department may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of section 416-12.202 based on either or both of the following: (1) An observation of the violation by a department employee. (2) A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal. (f) It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of Article 416-12.4, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years. (g) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public's health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Section 416-12.438. A convicted felon under Article 416-12.4 shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. "Misuse" by a convicted felon means use of a dog in a threatening or aggressive manner, or in the commission of a crime.

(Ord. No. 18-06, § 3, 4-10-18)