Chapter 1 — ANIMAL SERVICES

4-9000 - TITLE.

This chapter shall be known as "The Animal Ordinance."

(Ord. No. 4435, § 2, 6-18-2013)

4-9001 - ANIMAL SERVICES OFFICER.

The Division of Animal Services is under the direction of the Sheriff's Office. The position of Animal Services Officer and that of any assistant or deputy shall be filled pursuant to ordinances or regulations of the County and shall be under the supervision of the Sheriff. Nothing in this chapter, however, shall prevent the Board of Supervisors from entering into contractual arrangements with other persons to perform any or all of the duties of the public pound.

(Ord. No. 4435, § 2, 6-18-2013)

4-9002 - POWERS AND DUTIES OF ANIMAL SERVICES OFFICER.

The Animal Services Officer shall take up and impound:

(a)

Any dog not licensed by a jurisdiction requiring rabies vaccination.

(b)

Any dog at large on any public street, road, alley, park, school premises, public housing project, trailer court, auto court, other public place, or upon private property other than the property of the person controlling the dog without the consent of the owner of said property.

(c)

Any dog that a health officer requires to be isolated pursuant to Section 2606 of Title 17 of the California Administrative Code.

(d)

Any animal at large, staked, tired or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of the County or upon private property in this County contrary to the provisions of this chapter.

(e)

Any dangerous dog or other animal that constitutes a threat or hazard to the safety of any other person.

(Ord. No. 4435, § 2, 6-18-2013)

4-9003 - POLICE POWERS.

(a)

The Animal Services Officer may arrest a person without a warrant whenever there is reasonable cause to believe that the person arrested has committed a misdemeanor or infraction in the Officer's presence which is a violation of Animal Control Laws.

(b)

The Animal Services Officer and all assistants and deputies may carry weapons when acting in the course and scope of their employment. Such weapons shall be limited to those approved by the Sheriff and supplied by the County. Handguns may be used only when issued by the Sheriff for a specific and limited task.

(Ord. No. 4435, § 2, 6-18-2013)

4-9004 - ENTERING UPON PREMISES.

The Animal Services Officer is authorized to enter upon the lands or premises where any animal is kept for the purpose of taking up, seizing, or impounding any animal running, at large, staked, herded, or grazing thereon contrary to the provisions of this chapter or for the purpose of ascertaining whether any provision of this chapter or any law of the County or State relating to licensing, vaccination, or care, treatment, or impounding of any animal is being violated.

(Ord. No. 4435, § 2, 6-18-2013)

4-9005 - LICENSE REQUIRED.

No person shall own, keep, maintain, or harbor any dog, within the unincorporated area of the County, for ten (10) days or longer, unless such dog is licensed as herein required.

(Ord. No. 4435, § 2, 6-18-2013)

4-9006 - EXEMPTIONS.

(a)

A license is not required for any dog under the age of four (4) months if confined to the premises of, or kept under control by, the owner or custodian of the dog.

(b)

A license is not required for any dog which has a current license from another city or county if vaccinated against rabies as required by this chapter. This subsection applies only to dogs brought into the unincorporated area of the county from another jurisdiction.

(c)

No license fee shall be required for the issuance of a dog license to any person owning or having control of any dog trained to aid or assist handicapped persons for visual or audio reasons or any dog under the age of one (1) year if under the supervision or direction of a holder of a certificate issued pursuant to the provisions of Chapter 9.5 (commencing at Section 7200) of Division 3 of the Business and Professions Code.

(d)

A license is not required for any dog owned by any person possessing a kennel use permit.

(Ord. No. 4435, § 2, 6-18-2013)

4-9007 - VACCINATION AGAINST RABIES/PREREQUISITE OF LICENSE.

A license shall not be issued for any dog which has attained the age of four (4) months, or over, unless a primary rabies inoculation of an approved vaccine has been administered and a valid certificate of vaccination is presented with the license fee. The official certificate of vaccination, signed by a licensed veterinarian, shall indicate the date of vaccination, the type of vaccine used, and the age of the dog. Dogs shall be revaccinated with an approved type of rabies vaccine, one (1) year (twelve (12) months) after the primary immunization. The certificate shall be accepted as valid if the period of time between the date of vaccination and the date of expiration of the license does not exceed thirty-six (36) months, in the case of modified virus or inactivated virus vaccine approved by the California Department of Health Services. The requirement that any dog which has attained the age of four (4) months, or over, shall be vaccinated against rabies as a prerequisite to issuance of a license shall continue in force and effect until the termination of the presently effective declaration of the County as a rabies area and the expiration of one (1) year after the declaration, or until the Director of the State Department of Public Health finds and declares that the County has ceased to be a rabies area, whichever first occurs.

(Ord. No. 4435, § 2, 6-18-2013)

4-9008 - VACCINATION.

No person shall keep, harbor or maintain any dog over the age of four (4) months within the unincorporated area of the County unless such dog shall have been vaccinated by a licensed veterinarian with a canine rabies vaccine approved by and in the manner prescribed by the State Department of Public Health.

(Ord. No. 4435, § 2, 6-18-2013)

4-9009 - PUBLIC CLINICS.

San Joaquin County Public Health Services shall establish public dog vaccination clinics at such times and places as deemed necessary by the Health Officer. The charge for vaccination at these clinics shall not exceed the actual cost involved. Nothing contained herein shall prevent the owner of a dog from having the dog vaccinated by a licensed veterinarian of his own choice.

(Ord. No. 4435, § 2, 6-18-2013)

4-9010 - LICENSE FEE.

(a)

The dog license fee schedule shall be established by Resolution. These fees shall be due and payable annually for any dog that has reached the age of four (4) months of age. Fee shall be delinquent after sixty (60) days. The fees collected hereunder shall be deposited to the credit of the rabies treatment and eradication fund until an order has been issued by the State Department of Health declaring that the County is free from rabies or further danger of its spread. Thereafter said fees shall be paid into the County Treasury and placed into the general fund.

(b)

Licenses shall be transferable on change of ownership upon the payment of a fee of one dollar ($1.00). Licenses shall not be transferable from one dog to another.

(Ord. No. 4435, § 2, 6-18-2013)

4-9011 - LOST CERTIFICATES AND TAGS.

Whenever a license certificate or tag has been lost or destroyed, a duplicate shall be issued upon payment of a fee of one dollar ($1.00) and satisfactory proof of the loss and of the identity of the dog.

(Ord. No. 4435, § 2, 6-18-2013)

4-9012 - COUNTERFEITING AND REMOVAL OF TAGS.

No person shall make or have in his possession or place on any dog a counterfeit or imitation of any tag issued by the Animal Services Officer, nor shall any person other than the owner or custodian, remove any tag from any dog.

(Ord. No. 4435, § 2, 6-18-2013)

4-9013 - TAGS TO BE WORN.

The dog tag shall be securely fastened to a substantial collar or body-harness. The dog shall wear the tag at all times.

(Ord. No. 4435, § 2, 6-18-2013)

4-9014 - INSPECTIONS.

Upon demand of the Animal Services Officer, the owner of any dog shall permit the inspection thereof at all reasonable times as may be necessary for the enforcement of the provisions of this chapter and shall display for his inspection the tag or license certificate for that dog.

(Ord. No. 4435, § 2, 6-18-2013)

4-9015 - REDEMPTION OF IMPOUNDED ANIMALS.

(a)

Within three (3) days the owner may redeem an impounded animal by paying the required fees. At the end of three (3) days the Animal Services Officer or Poundkeeper may sell an impounded animal or place it in a home or destroy it in a humane manner.

(b)

The owner of any dog or cat placed in a new home may redeem the dog or cat upon payment to the new owner of a sum equal to the license fee together with the costs of advertising, reimbursement of the purchase price, and, in addition thereto, the sum of five dollars ($5.00) if redeemed within thirty (30) days after the sale. Failure to redeem the dog or cat within thirty (30) days shall constitute forfeiture of all rights of ownership.

(Ord. No. 4435, § 2, 6-18-2013)

4-9016 - SALE OF UNCLAIMED LARGE ANIMALS.

The Animal Services Officer may sell any large animal three (3) days after publishing a notice of sale in a newspaper of general circulation. The notice shall contain a general description of the animal and give the time and place of the sale. The sale shall be to the highest bidder. The proceeds from the sale shall be used first to pay impound fees, feed costs, and sale costs, and then to the general fund.

(Ord. No. 4435, § 2, 6-18-2013)

4-9017 - FINES AND CHARGES FOR IMPOUNDED ANIMALS.

The Animal Services Officer shall charge and collect fees for impounded animals when claimed as set by resolution of the Board of Supervisors.

(Ord. No. 4435, § 2, 6-18-2013)

4-9018 - NOTICE TO THE OWNER.

The Animal Services Officer shall attempt to locate the owner of any licensed dog found running at large which has been impounded and notify the owner of the fees and charges for the impoundment and where the dog may be redeemed. Failure or refusal to pay the fees and charges after due notification of the impounding within three (3) days shall be deemed an abandonment of the dog by the owner. Thereafter the dog may be disposed of in the same manner as unlicensed dogs.

(Ord. No. 4435, § 2, 6-18-2013)

4-9019 - CONTROL OF DOGS.

(a)

The provisions of this subsection apply to those zones that are regulated by Title 9 of the County Ordinance, and are classified as Residential, Rural Residential, and those zones classified as Commercial and Industrial that are adjacent to or bounded by those areas.

(1)

No owner or custodian of any dog shall allow such dog to remain at large on any public property without restraint by means of a leash.

(2)

No owner or custodian of any dog shall maintain such dog on private property unless the property is fenced in such a manner as to restrain the dog or the dog is secured within a structure, or the dog is restrained by means of a leash.

(b)

No owner or custodian of any dog shall allow such dog to remain upon the private property of another without the consent of the property owner.

(Ord. No. 4435, § 2, 6-18-2013)

4-9020 - BARKING DOGS.

No person shall keep or permit to remain on any premises within the County of San Joaquin any dog which continuously and incessantly barks at any time during the day or night to the disturbance of any other person. Continuous and incessant barking is defined as frequent barking for a period of ten (10) minutes or more duration, which disturbs the peace of another person, including howling, crying, baying or making any other noise, provided that at the time of the complaint no person or persons were trespassing or threatening to trespass upon the private property of the owner or person in custody or control of the dog, or the dog was not being teased or provoked in any manner.

(Ord. No. 4435, § 2, 6-18-2013)

4-9021 - FEMALES AT LARGE.

(a)

Except for the purpose of exercising and while under strict control of the owner, no owner shall permit any female dog to run at large at any time during the period when the dog is in heat or breeding condition.

(b)

For purposes of this section, "at large" means outside a house, garage, building or other closed structure.

(Ord. No. 4435, § 2, 6-18-2013)

4-9022 - DANGEROUS DOGS.

Upon knowledge of the whereabouts of a dangerous dog, the Animal Services Officer shall immediately conduct an investigation of the matter for the purpose of verifying the report. If he finds that the dog has bitten or shows a propensity to attack, bite, scratch or harass people or other animals without provocation, he shall notify the owner in writing and direct that henceforth the dog be kept in a secured enclosure, or securely leashed and muzzled so as to prevent its biting or further attacking of any person or any other animals. This order shall go into effect immediately. Failure to comply with the order shall constitute a misdemeanor and the owner of such animal may be subject to the provisions in Section 4-9023.

(Ord. No. 4435, § 2, 6-18-2013)

4-9023 - IMPOUNDMENT AND DESTRUCTION AUTHORIZED.

(a)

If upon receiving written notification, the owner of a dangerous dog fails to comply with the restrictions as ordered, the owner is in violation of this title and the Animal Services Officer is empowered to seize, impound and destroy such dog pending the provisions in Section 4-9024.

(b)

The Animal Services Officer may impound and destroy any dog found in the act of biting, attacking and constituting a threat or hazard to the safety of any other person.

(Ord. No. 4435, § 2, 6-18-2013)

4-9024 - HEARING AUTHORIZED.

(a)

When a dangerous dog has been impounded under the provisions of this chapter, the owner has five (5) working days to contact the Animal Services Officer and request a hearing to show cause why the dog should not be destroyed.

(b)

If after five (5) working days the owner has not contacted the Animal Services Officer to request a hearing, the dangerous dog may be destroyed without further delay.

(c)

The hearing required pursuant to this section shall be conducted by a panel composed of the County Counsel, the Sheriff or their designee and a third person selected by the County Counsel and the Sheriff.

(d)

Change of ownership or residence: The owner of a dangerous dog who sells or transfers ownership, custody or residence, shall notify the Animal Services Division in writing of the intended transfer of residence and

provide the name, address and telephone of the new owner or custodian.

(Ord. No. 4435, § 2, 6-18-2013)

4-9025 - DEAD ANIMALS.

(a)

It shall be the duty of the owner of any animal that dies in the unincorporated area of the County to dispose of the carcass within a reasonable time by cremation, burial, or other lawful means.

(b)

Whenever the Animal Services Officer is notified of the existence of the carcass of any dead animal which has not been disposed of in the manner prescribed by subdivision (a) of this section, he shall proceed with the disposition. In this case, the owner shall be liable for the expenses incurred to be recovered in a civil action instituted by the County.

(c)

The Animal Services Officer shall dispose of the carcass of any unidentified dead animal and the remains of any fish or fowl found in the unincorporated area of the County.

(Ord. No. 4435, § 2, 6-18-2013)

4-9026 - OTHER ANIMALS.

No person owning or having control of any domestic animal or any animal commonly referred to as a "wild species" shall:

(a)

Permit the animal to run at large in the County, or cause or permit the animal to be pastured, staked, or tied in any street, lane, alley, park, or other public place; or

(b)

Tie, stake, or pasture or permit the tying, staking, or pasturing of the animal upon any private property within the limits of the County, without the consent of the owner of occupant of the property, or in such a way as to permit the animal to trespass upon any street or public place or upon private property; or

(c)

Fail to secure during the nighttime any of these animals by means of a tether or enclosure that is sufficient to effectively restrain the animal; or

(d)

Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise harm, mistreat, or abuse animals; or

(e)

Permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, to run or fly at large or go upon the premises of any other person in the County without the consent of the owner or occupant of the property.

(Ord. No. 4435, § 2, 6-18-2013)

4-9027 - ABANDONED ANIMALS.

No person shall abandon any domestic animal or an animal commonly referred to as a "wild species" in the County.

(Ord. No. 4435, § 2, 6-18-2013)

4-9028 - INTERFERENCE WITH DUTIES.

No person shall interfere, resist, hinder, molest, or obstruct the Animal Services Officer in the performance of his or her duties under this chapter.

(Ord. No. 4435, § 2, 6-18-2013)

4-9029 - FURNISHING INFORMATION.

No person knowingly shall withhold from the Animal Services Officer any information as to the whereabouts of any dog known to be or suspected of being rabid or dangerous.

(Ord. No. 4435, § 2, 6-18-2013)

4-9030 - HORSE TRIPPING.

(a)

It is unlawful for any person to intentionally trip or fell an equine by the legs by any means whatsoever for the purposes of entertainment or sport.

(b)

Notwithstanding Section 4-9031, violations of this section shall be a misdemeanor.

(c)

This section shall remain in effect until such time as there is State of California legislation prohibiting horse tripping.

(Ord. No. 4435, § 2, 6-18-2013)

4-9031 - PENALTY.

Any person violating any provision of this chapter with the exception of Section 4-9022 shall be guilty of an infraction and upon conviction may be fined not more than fifty dollars ($50.00) for the first offense, and one hundred dollars ($100.00) for a second or subsequent offense.

(Ord. No. 4435, § 2, 6-18-2013)