San Diego County Municipal Code § 62.687 Attack, Guard or Sentry Dog Operators

(a) In any prosecution under this chapter where the section violated does not require proof that the violator failed to exercise ordinary care, proof by the People of the State of California that: (1) an animal described in the complaint was found in violation of the section charged and (2) the defendant named in the complaint was the owner or custodian of the animal at the time of the alleged violation, shall constitute prima facie evidence that the owner or custodian of the animal was the person responsible for the violation.

(b) The presumption in subsection (a) shall not apply if prior to the date of the alleged violation, the person charged has made a bona fide sale or transfer of the animal found in violation and has complied with the applicable requirements of: (1) section 62.623, (2) section 62.674 for a dangerous dog, or (3) section 62.682 for a public nuisance animal.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

An employee of the Department who is assigned to enforce State law and this chapter and who has completed the training required by Penal Code section 832, may arrest any person for violating this chapter, any other State law the Department enforces or Penal Code section 148, when the violation occurs in connection with enforcement of this chapter in the unincorporated area of the County.

(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

State law reference(s)--Animal regulation, Penal Code, § 148.

An employee of the Department, who is assigned to enforce State law and this chapter, as provided in section 62.661, is authorized to make an arrest under section 62.661 without a warrant as provided in Penal Code section 836.5. A person arrested under this section who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Penal Code sections 853.5 et seq.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

State law reference(s)--Arrest without warrant, Penal Code, § 836.5; citations, Penal Code, § 853.5 et seq.

(a) Whenever a person is arrested for violating section 62.620 and the officer issues a Notice to Appear, the officer may note on the notice that the charge shall be dismissed on proof that the person has corrected the violation, unless the arresting officer determines the person is disqualified as provided in subdivision (b) below. If the arrested person presents proof of correction by mail or in person to the court, on or before the date on which the person promised to appear, the person shall be entitled to have the court dismiss the violation. Proof of correction means that the person arrested provides a Certificate of Correction from the Department verifying that the person has corrected the alleged violation.

(b) When an officer issues a Notice to Appear, the notice shall provide the person who is issued the notice the opportunity to correct the violation before trial unless the officer finds any of the following disqualifying conditions:

(1) Evidence of fraud.

(2) The person has been charged within the past one year period with violating section 62.620.

(3) The violation involves a dog that has attacked, bitten or otherwise caused injury to a person or that otherwise presents an immediate safety hazard to the community.

(4) The person refuses to agree to correct the violation or is unable to promptly correct the violation.

(c) It shall be unlawful for a person to provide false or fictitious information to the Department to obtain a Certificate of Correction or to provide a Certificate of Correction to any person that contains false or fictitious information.

(Added by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Department, the Health Officer or any peace officer may enter private property when the person entering has reasonable grounds to believe that there is a dangerous dog, a rabid animal, animal suffering from some other contagious animal disease or there has been a violation of this chapter, section 21.103 of this code, section 148 of the California Penal Code or any other State or County law relating to or affecting an animal.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10098 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

State law reference(s)--Animal regulation, Penal Code, § 148.

It shall be unlawful for a person to fail to comply with an order issued by the Public Health Officer ordering the quarantine, vaccination or destruction of a diseased animal or animal exposed to a dangerous disease or toxic substance.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10098 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

An animal owner or custodian shall maintain the area where an animal is kept in a sanitary condition and shall not allow the area to become a breeding area for flies, a source of offensive odors or of human or animal disease, or an area that creates any other public nuisance or condition hazardous to humans or animals.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

No person having control of a dog shall allow a dog to defecate or to urinate on private property other than property belonging to the dog owner, custodian or person having control of the dog. A person having control of a dog shall curb the dog and immediately remove any feces to a proper receptacle. This section shall not apply to a blind or visually impaired person who is relying on a seeing-eye dog.

(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.

The owner or custodian of a female dog in estrus shall securely confine the dog within an enclosure in a manner that will prevent the attraction of male dogs to the location where the female dog is located.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)

(a) Whenever the Department has reasonable cause to believe that a dog is a dangerous dog, it may commence proceedings to declare the dog a dangerous dog as follows:

(1) The Department shall serve on the owner or custodian a notice of intent to declare the dog a dangerous dog.

(2) The notice shall inform the dog's owner or custodian of all of the following:

(A) The Department's authority to declare a dog a dangerous dog.

(B) Each incident that forms the basis for the Department's proposed action.

(C) The owner or custodian's right to request a hearing to contest whether grounds exist for the Department's proposed declaration.

(D) The potential consequences if the Department issues a declaration declaring the dog a dangerous dog.

(E) That a request for a hearing must be in writing and must be received by the Department within 10 days from the date of notice.

(F) Failure to request a hearing or failure to attend or be represented at a scheduled hearing shall satisfy the Department's obligation to provide a hearing and shall result in the Department issuing a declaration that the dog is a declared dangerous dog.

(G) A finding at the hearing that the dog meets the definition of a dangerous dog as prescribed by section 62.602(l), shall result in the Department declaring the dog a dangerous dog. A declared dangerous dog designation shall remain in effect for the dog's lifetime.

(b) When the Department determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, before the Department follows the procedures in subsection (a) above, the Department may impound a dog before issuing the declaration declaring the dog a dangerous dog. In that case, with the notice required by subsection (a), the Department shall include the reasons why immediate impoundment was necessary.

(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) The Department may impound or abate any declared dangerous dog whenever the Department determines that impoundment or abatement is necessary to protect the public health and safety or the safety of an animal. When the Department determines abatement is necessary, the Department may destroy the dog or impose conditions enumerated in subsection (b) on the dog's owner or custodian, as a prerequisite for the dog's owner or custodian continuing to keep the dog. The Department may modify the conditions depending on a change in circumstances. It shall be unlawful for a person to fail to comply with a condition the Department imposes under this section.

(b) The Department may impose one or more of the following conditions on a dog owner or custodian for a declared dangerous dog:

(1) A requirement that the owner or custodian obtain and maintain liability insurance from an insurer licensed to transact insurance business in the State of California with coverage amounts that comply with the requirements of this subsection. The insurance shall provide liability insurance to the owner or custodian for any loss or injury that may result to any person or property caused by the dog. The insurance shall provide coverage for the owner or custodian in an amount of not less than $100,000 per occurrence, combined single limit for bodily injury and property damage. The owner or custodian shall furnish a certificate of insurance to the Department and notify the Department by registered mail within 10 days of receiving notice from the insurance company that the policy has been cancelled or will not be renewed. The insurance certificate shall provide the following information:

(A) The full name and address of the insurer.

(B) The name and address of the insured.

(C) The insurance policy number.

(D) The type and limits of coverage.

(E) The effective dates of the coverage.

(F) The certificate issue date.

(2) Requirements as to the design, specifications, materials and other components of the dog's enclosure.

(3) Requirements as to the type of residence where the dog shall be maintained.

(4) Requirements as to the type and method of restraint or muzzling the owner or custodian shall employ when the dog is not within its approved enclosure.

(5) Requirements for photo identification, microchip implantation or permanent marking of the dog for purposes of identification.

(6) A requirement that the owner or custodian obtain and maintain a dangerous dog registration in addition to the license required under section 62.620.

(7) A requirement to alter the dog.

(8) A requirement that the dog's owner or custodian allow the Department or any other law enforcement agency to inspect the dog and its enclosure.

(9) A requirement that the dog's owner or custodian provide the Department with proof satisfactory to the Department that the owner or custodian is complying with all the requirements of this section.

(10) A requirement that the dog's owner or custodian agree to surrender the dog to the Department on demand.

(11) A requirement that the dog not be allowed to work as guard dog, attack dog or sentry dog.

(12) Any other requirement the Department determines is necessary to protect the public health and safety or the safety of an animal from the actions of a declared dangerous dog.

(13) A requirement that the owner or custodian pay the Department fees to recover the Department's costs to enforce and to verify compliance with this section.

(c) The Department shall provide a dog's owner or custodian with written notice at least 10 days before impounding or abating a declared dangerous dog. The notice shall inform the owner or custodian of the right to a hearing to contest whether grounds exist to impound or abate the dog. If the owner or custodian requests a hearing under this section the hearing may be held in conjunction with the hearing pursuant to section 62.674(a). If the dog's owner or custodian requests a hearing before the dog is impounded or abated the Department shall not impound or abate the dog until the hearing is concluded unless there is a need for immediate action as provided in subsection (e).

(d) A dog's owner or custodian who receives a notice under subsection (c) may request a hearing to contest the Department's determination to impound or abate a dangerous dog. The owner or custodian's request shall be in writing and shall be received by the Department within 10 days of the date of the notice.

(e) When the Department determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, or if a dog has already been impounded under another provision of law, no pre-impoundment hearing shall be held. In that case, the Department shall provide the dog's owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest the abatement of the dog. The hearing request shall be in writing and shall be received by the Department within the specified time period. If the owner or custodian requests a hearing, the dog shall not be disposed of until the hearing requirements are satisfied. Once the hearing procedures enumerated in section 62.684 have been completed and there is a final decision that grounds exist to impound or abate a dog or the owner or custodian fails to request a hearing or attend or be represented at a scheduled hearing, the Department may impound or abate the dog.

(f) The owner or custodian of a declared dangerous dog, who intends to change the ownership, custody or residence of the dog, shall provide at least 15 days advance written notice to the Department of the proposed change. The notice shall identify the dog and provide the name, address and telephone number of the proposed new owner or custodian or the proposed new residence. The Department may prohibit the proposed change when the Department has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal, by issuing a written order to the owner or custodian. No person shall fail to comply with an order the Department issues under this subsection.

(g) An owner or custodian who transfers ownership or custody shall provide written notice to a new owner or custodian that the dog is a declared dangerous dog and the conditions the Department imposed pursuant to subsection (b). The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian, acknowledging receipt of the notice and acceptance of the conditions the Department imposed. The owner or custodian shall provide the Department with a copy of the notice and the signed acknowledgment from the new owner or custodian.

(h) If a declared dangerous dog dies, the owner or custodian shall notify the Department no later than 24 hours after the dog's death. The owner or custodian shall produce the dog's remains when requested by the Department.

(i) If a declared dangerous dog escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner shall also notify the Department within 24 hours of the dog's recapture.

(j) The owner, custodian or person in possession of a dog declared dangerous dog shall keep the dog restrained, confined or muzzled as appropriate for the circumstances, to prevent the dog from biting, attacking or otherwise causing injury to another.

(k) The Department's authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) An employee of the Department, a peace officer or a person in an area where the Department provides animal services who is employed for animal control purposes may capture or attempt to capture any dog found at large in violation of law and may destroy the dog if, in the person's judgment, destroying the dog is required for public health and safety.

(b) The Department shall not seize or impound any dog for being at large that has strayed from but then returned to the private property of its owner or custodian, provided the owner or custodian is at home when the dog returns. In that case the Department may issue the owner or custodian a citation. If the owner or custodian is not home, the Department may impound the dog, and shall post a notice that the dog was impounded on the front door of the owner or custodian's dwelling unit. The notice shall provide the following information: The dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog and an indication of the ultimate disposition of the dog if the owner or custodian does not take action to regain the dog within a specified time period.

(c) A person who finds a dog at large may take the dog into the person's possession and shall as soon as possible, but no later than twenty-four hours, notify the Department. The Department may accept the animal for impoundment and the person who finds the animal shall surrender the animal to the Department upon demand. No person shall be entitled to any compensation from the County for keeping the dog. A person who takes possession of the dog shall use reasonable care to preserve it from injury, but shall not be held liable if the dog dies, escapes, or injures itself while under the person's care.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A person who relinquishes an animal to the Department shall provide the person's name, address and if the person is not the owner, the person shall also provide the circumstances under which the person came into possession of the animal.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Upon impoundment of an animal wearing a license tag or identification listing the owner's name and address, the Department shall as soon as practicable attempt to notify the owner at the owner's address of record, by mail, personal delivery to the owner or posting a notice on the owner's property advising that the animal is in the Department's custody.

(b) The notice shall include a statement that the owner may make a written request for a hearing within 10 days of the notice, contesting the legality of the impoundment.

(c) Requesting a hearing under this section extends the holding period during which the Department shall not dispose of an impounded animal other than by return to the owner, until the conclusion of the hearing. If at the conclusion of the hearing the impoundment is found to be unwarranted, the Department shall return the animal to the owner or custodian without charge for the impoundment.

(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) The owner of an impounded animal that the Department is not seeking to abate may claim the animal prior to other legal disposition by providing proper identification, meeting all requirements and paying the Department the applicable redemption fees.

(b) If an animal owner redeems an unaltered dog or cat found at large that the Department justifiably impounded pursuant to this chapter, the owner shall pay an altering deposit in addition to other redemption fees the Board establishes.

(c) A person paying an altering deposit shall be entitled to a refund if the person provides proof that the animal has been altered by a licensed veterinarian within 30 days of paying the deposit, unless the animal is under four months old at the time of payment. In that case, the person paying the deposit shall be entitled to a refund if the person provides proof that the animal has been altered by a licensed veterinarian by the time the animal is five months old. A person may also obtain a refund of the altering deposit if the owner submits, within the time period that the animal was required to be altered, a written certification from a licensed veterinarian stating that due to health considerations the animal should not be altered or that the animal has previously been altered. If the person paying the altering deposit does not provide the Department with either proof the animal was altered or the written certification from a licensed veterinarian that the animal should not be altered within the period the animal was required to be altered, the person shall forfeit the deposit to the County. All forfeited deposits shall be used to offset the costs of animal control services.

(d) When a person redeems a justifiably impounded dog or cat found at large and without identification, the Department may require the owner to pay the cost to implant a microchip identification device, in addition to other redemption fees the Board establishes.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) The holding period and availability for redemption, adoption or release of an impounded stray or relinquished animal shall conform to applicable provisions of this chapter, sections 17006, 31108, 31752, 31752.5, 31753, and 31754 of the California Food and Agricultural Code and section 597.1 of the California Penal Code.

(b) The Department may determine the animal holding period and disposition not specified in subsection (a) or other provisions of law.

(c) No person who adopts or accepts the transfer of an impounded dog or cat shall fail to have the animal altered within 30 days of the adoption or transfer unless a California licensed veterinarian authorizes a 30 day extension in writing. It shall be unlawful to fail to provide the Department with proof the animal was altered or that an extension was granted, when demanded by the Department.

(d) The Department may create by policy, a Senior Citizen/Disabled Persons Pet Adoption Program for San Diego County residents who are 60 years or older or recipients of either Supplemental Security Income or Social Security Disability payments, and who are qualified to adopt a dog or cat. The Department may also develop policies for the administration of other special redemption, adoption, or release programs. The Director may waive or adjust applicable fees established by the Board in conjunction with this program, provided that the animals involved shall be vaccinated for rabies and shall be altered as required by law.

(Amended by Ord. No. 7704 (N.S.), effective 1-19-90; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; amended by Ord. No. 8992 (N.S.), effective 2-11-99; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Except as provided in subsections (d) and (e), it shall be unlawful for any person to own, possess or maintain any venomous reptile.

(b) The owner or custodian of any wild animal shall at all times:

(1) Keep the animal in a cage, enclosure or other confinement that is designed, constructed and maintained to preclude the animal's escape. The cage, enclosure or confinement shall be of sufficient size to allow the animal reasonable freedom of movement.

(2) Keep the cage, enclosure or other area of confinement in a clean and sanitary condition at all times.

(3) Provide the animal with adequate food, water, shelter and veterinary care and take all necessary steps to preserve the animal's health, safety and welfare.

(4) Keep the animal in a manner that will not threaten or annoy any person of normal sensitivity.

(5) Reimburse the Department for any costs the Department incurs to enforce this section.

(6) Reimburse the County for any damage the County incurs as a result of any action or behavior of an animal regulated by this section.

(c) Additional requirements apply to the owner or custodian of a wild animal that may create a greater risk to the public. The following animals do not create a greater risk to the public: a fish, an invertebrate, an amphibian, a bird that attains a maximum adult weight less than 15 pounds or a rodent that attains an adult weight less than 10 pounds. A reptile does not create a greater risk to the public unless it is one of the following: a crocodilian (order Crocodilia), a boa or python (family Boidae) that attains an adult weight over 15 pounds or an adult length over three and one-half feet, or a Monitor Lizard (family Varanidae) that attains an adult weight over 10 pounds or an adult overall length over three feet. The owner or custodian of a wild animal, other than a wild animal recognized in this subsection as not creating a greater risk to the public shall, in addition to the requirements in subsection (b), comply with all of the following:

(1) Employ adequate safeguards to prevent unauthorized access to the animal.

(2) Keep the animal in any escape proof enclosure at all times, including when the owner or custodian is transporting the animal to property that the owner or custodian owns, leases or has the right to use.

(3) Obtain written permission from the Department whenever the owner or custodian, or any person on the owner or custodian's behalf, is transporting that animal to a property that the owner or custodian does not own, lease or have the right to use.

(4) Immediately notify the Department if the animal escapes and make every reasonable effort to recapture an animal that escapes.

(5) Allow the Department to inspect the animal, and the property to determine whether the owner or custodian is complying with this section.

(6) Allow the Department to inspect any permit an agency of the federal or State government has issued to the owner or custodian that regulates the animal.

(d) Subsections (a) and (c) shall not apply to a legally operated zoo, circus, educational institution or scientific research facility, unless the operator is not taking adequate steps to confine an animal, fails to adequately protect the public from an animal under its control, fails to employ adequate sanitation measures, or due to a particular hazard connected with an animal, endangers the health and safety of the public or an animal.

(e) Subsections (a) and (c) shall not apply to an entity in the business of providing consumers with rattlesnake avoidance training techniques for animals provided the entity giving the training is a registered California corporation (for profit or not for profit) in good standing, a sole proprietorship or a registered partnership in good standing, has Commercial General Liability Insurance in the amount of at least $1,000,000 for bodily injury/property damage and has provided proof of insurance to the Department of Animal Services prior to giving any training in each calendar year. The insurance shall name the County as an additional insured. Upon the request of an Animal Control Officer, Humane Officer or peace officer, an entity claiming to be exempt from subsections (a) and (c) shall provide proof of compliance with this subsection. It shall be unlawful for an entity to refuse to comply with the request of an Animal Control Officer, Humane Officer or peace officer to provide this information. Nothing in this subsection shall affect the provisions of the San Diego County Zoning Ordinance or authorize an entity providing the training to violate any applicable federal, state or local law.

(f) The Department may impound or abate an animal that a person is keeping in violation of this section and relocate or dispose of the animal in a humane manner or impose conditions on the animal owner or custodian as a prerequisite for the owner or custodian to keep the animal. The Department shall provide the owner or custodian with at least 10 days written notice before impounding or abating an animal under this section. The notice shall inform the owner or custodian of the right to a Departmental hearing to contest whether grounds exist for the Department to impound or abate the animal under this section. If the owner or custodian requests a hearing before the animal is impounded or abated, the Department shall not impound or abate the animal until the hearing is concluded, unless there is a need to take immediate action as provided in subsection (h) below.

(g) The owner or custodian of a wild animal who receives a notice under subsection (f) may request a Departmental hearing to contest the Department's determination to impound or abate a wild animal. The owner or custodian's request shall be in writing and shall be received by the Department within 10 days of the date of the notice.

(h) When the Department determines it is necessary to immediately impound a wild animal to: (1) preserve the public health and safety, (2) the health or safety of an animal or (3) the animal has already been impounded under another provision of law, no preimpoundment hearing shall be held. In that case the Department shall provide the owner or custodian with at least 10 days notice to request a hearing to contest the impoundment or proposed abatement of the animal. The request for a hearing shall be in writing and shall be received by the Department within 10 days from the date of the notice.

(i) If the owner or custodian timely requests a hearing under this section the Department shall not dispose of the animal until the hearing requirements are satisfied. If the hearing officer finds that the Department has grounds to impound or abate an animal or the owner or custodian either fails to request a hearing or fails to attend or be represented at a scheduled hearing, the hearing requirements are satisfied and the Department may impound or abate the animal.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10232 (N.S.), effective 1-3-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) In addition to exercising abatement powers under sections 16.201 et seq. the Department, the County Health Officer, or a peace officer, may abate a public nuisance involving an animal by impounding or abating the animal pursuant to this section. If the Department determines that there is an immediate threat to the health and safety of the public or an animal the Department may summarily abate a public nuisance involving an animal or the premises where an animal lives or is maintained, including destroying the animal involved.

(b) When the Department determines that an animal's behavior or the failure of an animal owner or custodian to control an animal results in a public nuisance, the Department may require the owner or custodian of the animal to obtain a public nuisance registration from the Department, in addition to the license required by section 62.620. The Department may impose the same conditions on the owner or custodian of the animal deemed a public nuisance as it may impose on the owner or custodian of dog declared a dangerous dog, enumerated in section 62.674(b). It shall be unlawful for a person to violate any condition the Department imposes pursuant to this subsection.

(c) When the Department determines that a public nuisance exists due to an animal owner or custodian's failure to properly control or care for one or more animals, the Department, in addition to using its abatement powers under subsection (a) to abate any nuisance involving an animal, may require the owner or custodian to register with the Department. This registration need not name a specific animal if the Department is unable to determine which animal or animals were involved. The Department may impose any condition on the owner or custodian enumerated in section 62.674(b) relative to any or all animals the person owns or is the custodian of. The Department may also limit the number of animals or type of animals the owner or custodian may own or have custody of. It shall be unlawful for a person to violate any condition the Department imposes pursuant to this subsection.

(d) If a person fails to properly control or care for one or more animals or the premises where one or more animals are maintained, and the Department determines that person, based on the person's conduct, poses a risk to the health or safety of the public or an animal if that person were to own or have custody of any animal or a specific type or breed of animal, the Department may enter a declaration against the person prohibiting that person from having ownership or custody of any animal or a specific type or breed of animal, for up to five years. It shall be unlawful for a person to violate the terms of the declaration entered pursuant to this subsection. If the Department determines a person violated this section, the Department may, in addition to taking any legal action authorized by this code, enter a new declaration against that person prohibiting that person from having ownership or custody of any animal or a specific type or breed of animal, for up to five years from the date of violation.

(e) Except as provided in subsection (g), the Department shall provide an owner or custodian with at least 10 days notice before impounding or abating an animal of their right to a hearing to contest whether grounds exist for an impoundment or abatement. If the owner or custodian requests a hearing before the Department impounds or abates the animal, the County shall not impound or abate the animal until the conclusion of the hearing except as provided in subsection (g). The Department shall also provide notice to an animal owner or custodian of its intent to proceed under subsection (c) or (d) and advise the owner of the right to request a hearing to contest the Department's determination.

(f) The owner or custodian of an animal who receives a notice under subsection (e) may request a hearing to contest the Department's determination to impound or abate an animal under this section or the Department's determination to proceed under subsection (c) or (d). The owner or custodian's request shall be in writing and the request shall be received by the Department within 10 days. All hearings shall be conducted pursuant to section 62.684.

(g) When the Department determines it is necessary to immediately impound an animal under this section to preserve the public health and safety or the safety of an animal, or if the animal has already been impounded under another provision of law, no pre-impoundment hearing shall be held. The Department shall provide the owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest abatement of the animal. The hearing request shall be in writing and shall be received by the Department within the specified time period. If the owner or custodian requests a hearing, the animal shall not be disposed of until the hearing requirements are satisfied.

Once the hearing procedures enumerated in section 62.684 have been completed and there is a decision that grounds exist to impound or abate an animal under this section or the animal owner or custodian fails to request a hearing, or attend or be represented at a scheduled hearing, the Department may impound or abate an animal deemed a public nuisance under this section.

(h) The owner or custodian of an animal that is required to obtain a public nuisance registration for an animal shall provide at least 15 days advance written notice to the Department of a proposed change in the animal's ownership, custody or residence. The notice shall identify the animal and provide the name, address and telephone number of the proposed new owner or custodian or the proposed new residence. The Department may prohibit the proposed change when the Department has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal by issuing a written order to the owner or custodian. No person shall fail to comply with an order the Department issues under this subsection.

(i) The owner or custodian who transfers ownership or custody of an animal subject to this section shall provide written notice to the new owner or custodian that the animal requires a public nuisance registration and the terms of any conditions the Department has imposed pursuant to this section. The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian acknowledging receipt of the notice and acceptance of the conditions the Department imposed. The owner or custodian shall provide the Department with a copy of the notice and the signed acknowledgement from the new owner or custodian.

(j) If an animal that requires a public nuisance registration dies, the owner or custodian shall notify the Department no later than 24 hours after the animal's death. The owner or custodian shall produce the animal's remains when requested by the Department.

(k) If an animal that requires a public nuisance registration escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner or custodian shall also notify the Department within 24 hours of the animal's recapture.

(l) The owner, custodian or person in possession of an animal that requires a public nuisance registration shall use all reasonable efforts to restrain or confine the animal to prevent it from being at large or from causing damage to any property or injury to any person.

(m) The Department's authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10098 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.

No person shall knowingly keep an animal that suffers from a serious injury or is afflicted with mange, ringworm, distemper or other contagious disease without providing or obtaining adequate treatment for the animal. The Department may take immediate possession of an animal if either determines that the owner or custodian is not providing or obtaining adequate treatment and may dispose of the animal unless the owner or custodian places the animal with a licensed veterinarian for treatment.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10098 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Whenever a person (the "respondent") requests a hearing under this chapter the Director shall appoint a Department employee who has not been directly involved in the case to serve as the hearing officer. The hearing officer shall hold the hearing within 30 days from the date the Department receives the request for the hearing. The hearing officer may continue a hearing at the request of either party for good cause. The hearing officer shall issue a written decision that contains findings and the factual bases for the findings. The hearing officer's decision shall be final except as provided below. The fact that no hearing has been conducted shall have no bearing on any criminal prosecution alleging a violation of this chapter.

(b) The Department shall present its evidence first and have the burden of producing evidence at the hearing. The respondent shall have the right to present evidence contesting the Department's case and the Department shall have a right to present a rebuttal case. The standard of proof on the issues before the hearing officer shall be the preponderance of the evidence.

(c) Each party shall have the right at the hearing to call and examine witnesses, introduce evidence, cross-examine an opposing witness on any matter relevant to the issues in the case even though that matter was not covered during direct examination, and impeach any witness regardless of which party first called the witness to testify. The Department may call the animal's owner or custodian as a witness during its case in chief or during its rebuttal case and examine the person as if the person was under cross-examination.

(d) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.

(e) The Department shall serve the hearing officer's decision on the respondent. If the hearing officer determines that sufficient grounds exist for the Department to declare a dog to be a dangerous dog or a public nuisance animal, or that the Department will abate a dog, the hearing officer's decision shall include a notice that the respondent may apply for a departmental administrative review of the record. The notice shall advise the respondent that the request for review shall be in writing and served on the Department within 10 days. The request for review shall provide the reasons why the respondent contends that the hearing officer's decision is erroneous.

(f) The administrative review shall be conducted by the Director or an employee the Director designates who has not been directly involved in the case and who shall be of the same rank or higher than the hearing officer.

(g) If a respondent timely requests administrative review, a hearing officer's decision approving the Department's determination to destroy an animal, the decision is stayed until the Department completes its review. A request for administrative review shall not stay the hearing officer's decision approving the Department's determination to declare a dog a dangerous dog or a public nuisance animal, or any condition the Department imposes to allow a person to continue owning or have custody of an animal.

(h) As part of the administrative review process, the employee conducting the review of the record shall consider: (1) the issues the respondent raised in the request for review, (2) whether the Department's determination is supported by substantial evidence and (3) whether the Department acted in compliance with this chapter.

(i) At the conclusion of the administrative review the employee reviewing the record may uphold, modify or overrule the hearing officer's decision or may order the Department to reconsider the case. The reviewer's decision shall be in writing and shall contain the reasons for the decision. If the reviewer upholds the hearing officer's decision to abate an animal by destruction the Department shall serve the respondent with a written notice of the right to apply for a writ of mandate or other order from Superior Court within 10 days from the date of the notice. The Department shall stay disposition of the animal while the Superior Court action is pending or until the time for filing an action contesting the decision to abate has expired.

(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 9528 (N.S.), effective 2-27-03; amended by Ord. No. 9663 (N.S.), effective 8-14-04; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)

(Added by Ord. No. 9420 (N.S.), effective 2-2-02; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)

(a) Any person or owner of an attack, guard or sentry dog (collectively "guard dog") that operates or maintains a business to sell, rent or train a guard dog in the unincorporated area of the County who is required to obtain an operator's permit from the County pursuant to Health and Safety Code section 121916 (the permittee) shall pay the annual permit fee approved by the Board for this type of permit. The person or owner shall also obtain and pay the fee for a guard dog operator premises permit for each location where the person or owner houses a guard dog.

(b) The Department may suspend an animal from use as a guard dog if the Department determines the animal is not healthy enough to work or if the Department has advised the operator that it intends to declare the dog a dangerous dog. The Department may also permanently bar an animal from working as guard dog, if the Department declares the dog a dangerous dog as provided in this chapter.

(c) A permittee under this section shall comply with all the following requirements:

(1) Supply each animal with sufficient, good and wholesome food and water as often as the animal's feeding habits require.

(2) Keep each animal and each animal's quarters in a clean and sanitary condition.

(3) Provide each animal with proper shelter and protection from the weather at all times. An animal shall not be overcrowded or exposed to temperatures detrimental to the welfare of the animal.

(4) Not allow any animal to be without care or control in excess of 12 consecutive hours.

(5) Take every reasonable precaution to ensure that no animal is teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means.

(6) Not maintain or allow any animal to exist in any manner that is, or could be, injurious to that animal.

(7) Not give an animal any alcoholic beverage, unless prescribed by a veterinarian.

(8) Not allow animals that are natural enemies, temperamentally unsuited or otherwise incompatible to be quartered together or so near each other as to cause injury, fear or torment.

(9) Not allow any tack equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal to be used on or with an animal.

(10) Keep or maintain animals confined at all times on the premises for which the permit has been issued unless the Department grants the permittee special permission to remove an animal from the premises. If a guard dog escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner or custodian shall also notify the Department within 24 hours of the animal's recapture.

(11) Give proper rest periods to any working animal. Any confined or restrained animal shall be given exercise proper for the individual animal under the particular conditions.

(12) Not work, use or rent any animal that is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

(13) Not use or work any animal the Department has suspended from use until the Department releases the animal from suspension.

(14) Not display any animal bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

(15) Keep or maintain each animal in a manner as may be prescribed to protect the public from the animal and the animal from the public.

(16) Provide conspicuously posted, durable signs of sufficient size containing both a clear pictorial depiction of a guard dog and a legible written warning of the presence of a guard dog for every location that houses a guard dog or where a guard dog is working. These signs shall be maintained at every entrance and at not more than 50 foot intervals so as to be clearly visible on the fence or other enclosure where the dog is to be housed or working. Each sign required by this subsection shall measure a minimum of 11 x 8.5 inches and use lettering of a minimum of 1.25 x .5 inch (91 point) and of contrasting color with the background. The signs shall also include the name and telephone number of the guard dog owner or operator housing or providing the dog.

(17) Take any animal to a veterinarian for examination or treatment when ordered by the Department.

(18) Display no animal whose appearance is, or may be, offensive or contrary to public decency.

(19) Not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

(20) Obtain and maintain liability insurance from an insurance company authorized to transact insurance business in the State of California, with coverage amounts that comply with this subsection. The insurance shall provide liability insurance coverage for the permittee for any loss due to bodily injury or death with not less than $500,000 per occurrence and for any loss due property damage with not less than $500,000 per occurrence. The permittee shall also furnish a certificate of insurance to the Department. The certificate shall provide the insurer will notify the Department in writing at least 30 days prior to policy cancellation or non-renewal. The certificate shall also provide all the following information:

(A) The full name and address of the insurer.

(B) The name and address of the insured.

(C) The insurance policy number.

(D) The type and limits of coverage.

(E) The effective dates of the certificate.

(F) The certificate issue date.

(21) Obtain a signed and dated acknowledgment from each person who hires a guard dog from the permittee before the guard dog is sent on assignment. The acknowledgment shall contain the name, address and telephone number of the permittee, the name, address and telephone number of the person who hired the guard dog and the location where the guard dog will be working while on assignment. The acknowledgement shall also contain the following language:

"In addition to other provision of law, any person or business entity who hires or has custody of a guard dog is responsible for preventing the dog from being at large, as defined in the San Diego County Code, and from preventing the dog from attacking or injuring a person engaged in a lawful act. A person who hires a guard dog should immediately notify the guard dog operator in the event a guard dog escapes from its enclosure and the Department of Animal Control at (619) 236-2341 in the event an escaped dog is not immediately recaptured."

"The County Code also provides that a person who has custody or control of a dog which bites a person, shall notify the Department as soon as practicable after the incident and not more than 24 hours after the incident."

(22) Provide the Department with a copy of the signed acknowledgment required by subsection (21).

(23) Isolate and segregate at all times any sick or diseased animal from any healthy animal, so that the illness or disease will not be transmitted from one animal to another. Any sick or injured animal shall be isolated and given proper medical treatment.

(24) Immediately notify the owner of any animal held on consignment or boarded if the animal refuses to eat or drink beyond a reasonable period, is injured, becomes sick or dies. In case of death, the body of the dog shall be retained for 12 hours after notification has been sent to the owner.

(d) Reimburse the Department for all costs incurred in enforcing the provisions of this section.

(Added by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 9528 (N.S.), effective 2-27-03; amended by Ord. No. 9663 (N.S.), effective 8-14-04; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

When a person is convicted of a violation of this chapter that is classified as a misdemeanor, the sentencing court may order, in addition to any other sentencing provision, that the convicted person be prohibited from owning, possessing, caring for or having any contact with animals for a period of up to three years if the court deems that the action is necessary to ensure the animal or public safety or welfare. The court may also require the convicted person to immediately deliver all animals in the person's possession, custody or control to the Department for adoption or other lawful disposition and for the convicted person to provide proof to the court that the person no longer has possession, custody or control of any animal.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)