Article II — DOGS

No dog, whether licensed under this chapter or not, shall be allowed to run at large on any public street, alley, park, square, school or place; or upon the premises of a person other than the owner, without the knowledge and consent of such other person. All dogs shall be deemed running at large, within the meaning of this chapter, unless under restraint by a substantial leash, chain, strap or cord, not to exceed eight feet in length, attached to their collars and actually held by an able bodied person or made fast to some stationary object. The term "at large" shall mean off the premises of the owner and not under restraint. (HMC § 6.08.010) (A) Any dog found at large may be seized and impounded or cited by the poundmaster. Private citizens may seize at large dogs if such dogs stray onto public or private property other than that of the dog's owner. (SBC § 13.01.085, as amended.) (B) Any dog maintaining watch over any herd or livestock shall not be considered at large. Any dog free running that is a participant in an open field trial shall not be considered at large. Any dog engaged in the process of hunting wild animals, if under voice control of the hunter, shall not be considered running at large. (SBC § 13.01.086) (C) Proof that a dog was found at large in violation of any of the provisions of this article, together with proof that defendant was the owner or caretaker of the dog at the time, shall constitute prima facie evidence that the defendant permitted the dog to be at large or otherwise act in violation of the provisions of this article. (SBC § 13.01.092) (Ord. 836, § 1 (part))

All dogs of fierce, dangerous or vicious propensities and all female dogs in heat, whether licensed or not, shall be at all times confined in a substantial pen in such a manner that no other dog, except another dog of the same owner, may come in contact with such dog. If any such dog is found running at large in violation of this section, it shall be taken up and impounded and shall not be released except upon approval of the poundmaster after the payment of the fees provided in § 13.01.037; provided, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain forthwith by the poundmaster or any law enforcement officer. (HMC § 6.08.020, as modified) (Ord. 836, § 1 (part)) § 13.01.022 [RESERVED.] Keeping of more than three dogs in certain areas prohibited - HMC § 6.08.030.) (Ord. 836, § 1 (part))

(A) The owner of every dog over the age of four months shall ensure that his or her pet is currently vaccinated for rabies by a licensed veterinarian and secure a license. The provisions of this section shall not apply to any dog that has been certified in writing by a licensed veterinarian to be unable to undergo a vaccination on account of a danger to the health of the dog and if the exemption is approved by the Health Officer or County Veterinarian. (B) Within 28 days after primary vaccination, a peak rabies antibody level is reached and the animal can be considered immunized. Dogs less than four months of age must be confined at home or kept under close leash supervision by the owner. (C) Regardless of the age of the animal at initial vaccination, a second rabies booster vaccination shall be given one year later, and the three-year booster schedule followed thereafter. Because a rapid anamnestic response is expected, an animal is considered currently vaccinated immediately after a booster vaccination. An animal that is overdue for a rabies vaccine should receive a booster as soon as possible and then be placed on a three-year booster schedule. (D) Any dog found to be in violation of vaccination requirements of this chapter may be impounded and subject to the provisions of §§ 13.01.035 et seq. (Reference: Cal. Health and Safety Code § 121690) (E) Vaccination - cats. No person owning, having an interest in, harboring, or having the care, charge, custody or possession of a cat shall allow or permit such cat to go on the public streets in any manner, or to go free and run at large in or upon any place outside of incorporated cities in the county, unless such cat has been vaccinated with anti-rabies vaccine approved by the health officer at intervals of not over three years. (SBC § 13.01.125; modified to allow intervals of up to three years.) (F) Transportation of dogs or cats from areas where rabies exists. No person shall take a dog or cat or permit or encourage a dog or cat to go from a city or town in which rabies exists or has existed within six months previously, or from a place in the county within five miles of which rabies exists or has existed within six months previously, to any place in the county in which rabies does not exist, or has not been known to be present within six months. (SBC § 13.01.130) A USDA licensed feline rabies vaccine shall be administered according to the vaccine label instructions.

(G) No person shall bring a dog or cat into the county from a county in which rabies is present or has been known to be present within six months. (SBC § 13.01.130) (Ord. 836, § 1 (part))

No person shall allow an animal in his or her custody or control to defecate on property other than that of the animal's owner. It shall be the duty of any person having custody or control of a dog to curb such dog and to immediately remove such dog's feces to a proper receptacle. Sight-impaired persons shall be exempt from this section with regard to their reliance on a guide dog. (HMC § 6.08.050) (Ord. 836, § 1 (part))

It is unlawful for any person to keep any dog which by habitual howling, barking or yelping or other noises, disturbs the peace of any person. (SBC § 13.01.090.) (Ord. 836, § 1 (part))

(A) Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Health Officer may issue a proclamation declaring a 30 day period of emergency and ordering every person owning or keeping a dog to confine it securely on the person's premises during such emergency period, unless such dog shall have a muzzle of sufficient strength to prevent its biting any person or animal. Any unmuzzled dog running at large during the period of the emergency shall be seized and impounded unless noticeably infected with rabies. (B) All dogs noticeably infected with rabies and displaying vicious propensities may be killed by the poundmaster or any law enforcement officer forthwith and without notice to the owner. The provisions of §§ 13.01.035 to 13.01.038 shall apply to all dogs not noticeably infected with rabies. If at or near the end of the first or any subsequent 30 day emergency period, as provided for in this chapter, the County Administrative Officer, or Board of Supervisors believes that such emergency still exists, the Health Officer may extend such emergency period from time to time for additional 30 day periods until such emergency no longer exists. (HMC § 6.08.070, as modified.) (Ord. 836, § 1 (part))

All dog licenses issued as provided by this chapter may be revoked whenever a dog is found to be dangerous. A dangerous dog is defined, for the purposes of this chapter, to be a dog with the propensity to bite human beings. It shall be prima facie evidence that a dog is dangerous when it has bitten any person; provided, that such person is not trespassing upon the property of the owner. (HMC § 6.08.090) (Ord. 836, § 1 (part))

(A) In the event any dog shall have, on a second occasion, bitten a human being other than a trespasser, such dog shall thereafter, if kept in the county, at all times be confined in a secure pen, in such a manner that it cannot escape, and such pen shall be inspected and approved by the poundmaster. If such dog is in the animal shelter, it shall not be released until the poundmaster has examined and approved such pen. If the owner of such dog shall refuse to provide such pen, the dog may be disposed of as provided in § 13.01.038. (B) If such dog has been confined in a pen at the home of the owner during such second period of observation, instead of the animal shelter, the owner shall continue to keep such dog in such pen after such period of observation and shall sign a written agreement to keep such dog in such pen at all times thereafter so long as it shall remain in the county. If the owner shall refuse to unconditionally so agree, the license of such dog must be revoked and no other license may be issued for such dog. The owner may, however, appeal to the hearing officer for reinstatement of such dog license after such license has been revoked as provided in this chapter, upon the ground that such dog is not in fact of a dangerous disposition. (HMC § 6.08.100) (Ord. 836, § 1 (part))

(A) Any dog whose license has been revoked upon the ground that it is a dangerous dog shall forthwith be destroyed if it shall thereafter be observed outside of the pen in which it shall be required to be confined. (HMC § 6.08.110) (B) Prior to destruction, the owner shall have the opportunity for a hearing. The hearing shall be conducted pursuant to

the rules of procedure set forth in § 13.01.045(B) through (E). (Ord. 836, § 1 (part))