San Diego County Municipal Code Ch. 8 Disposal of Dead Animals

Improper disposal of dead animals may be hazardous to human health or the health of other animals and may spread disease, cause noxious odors or become a breeding or harborage ground for rodents or other pests. This chapter makes it unlawful for a person in the unincorporated area of the County to place or deposit a dead animal on certain locations on private property, for a property owner or tenant to allow a dead animal improperly placed or deposited to remain on private property or for a person to bury a dead animal on private property in a manner that is hazardous to health. This chapter also provides the Director may abate a public nuisance on property involving a dead animal to protect the public health and safety.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

As used in this chapter the term "dead animal" means the carcass or tissue from an animal, large or small, except part or parts of an animal used for food or other beneficial purpose in accordance with federal, state, and local laws and regulations. "Dead animal" does not mean a fish or other primarily aquatic animal.

(Amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) To the extent not prohibited by Penal Code section 374d, no person shall deposit a dead animal or allow a dead animal to remain on any private property in the unincorporated area of the County, within a quarter of a mile of a park, County highway, State highway, other public highway, road or alley or a dwelling or other structure used or occupied by a person or in any standing or running water, water well or open excavation.

(b) No person shall bury a dead animal on property in the unincorporated area of the County unless every part is covered by at least three feet of soil and the burial location is at least one hundred feet from any well, spring, stream or other surface water, not in a low-lying area subject to seasonal flooding and not likely to contaminate groundwater.

(c) A dead animal deposited or allowed to remain on property or buried on property in violation of this section is declared to be a public nuisance.

(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

It shall be unlawful for a person who owns, harbors, keeps or has custody of an animal to dispose of the dead animal or engage another person to dispose of the dead animal in violation of this chapter.

(Amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The owner, tenant in possession and any other person having control of property on which a dead animal has been deposited or is remaining in violation of section 62.803 shall remove the dead animal from the property and dispose of it lawfully or dispose of the dead animal on the property lawfully.

(Amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

In the event a dead animal is deposited or allowed to remain upon property in violation of section 62.803 the Director may abate the dead animal pursuant to sections 16.201 et seq. and recover the County's abatement costs as provided in those sections.

(Amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)