San Luis Obispo County Municipal Code Ch. 9.01 General Provisions

There is hereby established a division of animal services which shall function as a division of the county health agency.

(Ord. No. 3498, 11-7-23)

The chief animal control officer is hereby authorized to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he deems necessary to implement such purposes, intent and express terms.

(Ord. No. 3498, 11-7-23)

This section provides definitions of terms and phrases used in this title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this title. If a word is not defined in this section, or in other provisions of this code, the chief animal control officer shall determine the correct definition. The chief animal control officer shall have the authority to render interpretation and discretion regarding the applicability of any definition set forth in this section.

(a) "Aggressive" means the demonstration of behavior indicating that an animal is likely or prone to unprovoked attack against a person or another animal.

(b) "Altered" means having been spayed or neutered.

(c) "Animal" means any member of the taxonomic kingdom Animalia other than a human being.

(d) "Animal facility" means any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or organization, including, but not limited to, a pet shop, grooming facility, breeding facility, boarding facility, stable or non-profit humane organization.

(e) "Animal operation" means any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation.

(f) "At large" means being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or, being upon public property or private property which is open to the public while unrestrained by a leash.

(g) "Board of supervisors" means the San Luis Obispo County Board of Supervisors.

(h) "Business day" means any day that the division's animal shelter is open to the public.

(i) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus.

(j) "Chief animal control officer" means the animal services manager of the County of San Luis Obispo or his designee.

(k) "Commercial" means any transaction, relationship, business or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service.

(l) "Commercial animal operation" means:

(1) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping or maintenance of companion animals conducted from a non-residential location; or

(2) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or

(3) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding ten thousand dollars.

(m) "Companion animal" means any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this title, this definition includes horses, donkeys, mules, and any other domesticated equine.

(n) "County" means the County of San Luis Obispo.

(o) "Division" means the division of animal services, the chief animal control officer and/or his or her duly authorized representative(s).

(p) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris.

(q) "Domestic animal" means any animal of a vertebrate species which:

(1) Has been selectively bred to live in a tame condition for the purposes of being a household pet, food or fiber source, or work animal; and

(2) Is generally dependent upon people for its survival; and

(3) Is notably distinct in conformation and/or behavior from its wild ancestors.

(r) "Health agency" means the County of San Luis Obispo Health Agency as established in Chapter 2.26 of this code.

(s) "Heel" means for a dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler.

(t) "Hobby breeder" means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that:

(1) The sale of such animals is conducted as an accessory use from a private residence; and

(2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this title or other applicable codes; and

(3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of ten thousand dollars.

(u) "Household pets" means any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.

(v) "Identification" means any visible or readily discoverable tag, tattoo, microchip or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted.

(w) "Impound" means to have been received into the custody of the chief animal control officer, any of his or her authorized agents or officers, or any public agency.

(x) "Irremediable" means any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment or which would not normally be treated by the average animal owner in the community.

(y) "Livestock" means all domestic animals other than household pets including, but not limited to, horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry.

(z) "Menacing" means the demonstration of behavior indicating an intent to inflict harm or which otherwise places a person in reasonable fear for his or her safety, the safety of others, or the safety of animals kept by them.

(aa) "Non-profit humane organization" means any animal operation conducted by a bona fide charity in good standing under the provisions of Section 501(c)3 of the Internal Revenue Code and in compliance with all state and local codes pertaining thereto.

(bb) "Neuter" means to be rendered incapable of reproduction as a result of surgical removal of the testes.

(cc) "Owner" means any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal.

(dd) "Person" means any individual, firm, partnership, corporation, company, society, or association and every officer, agent, or employee thereof.

(ee) "Public nuisance" means any condition or circumstance which:

(1) Effects a substantial portion of a neighborhood as determined by the division; and

(2) Is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property.

(ff) "Quarantine" means the strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease.

(gg) "Severe bodily injury" means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses.

(hh) "Spay" means to be rendered incapable of reproduction as a result of the surgical removal of the ovaries.

(ii) "Stable" means any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding or rental of horses or other livestock.

(jj) "Stray" means any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity.

(kk) "Veterinarian" means a professional licensed by the State of California to practice the science and art of disease and injury diagnosis, prevention, treatment and cure in animals.

(Ord. No. 3498, 11-7-23)

A public pound is authorized and established at such place(s) in San Luis Obispo County as shall be fixed from time to time by the board of supervisors.

(Ord. No. 3498, 11-7-23)

(a) The animal services division shall be under the direction of the chief animal control officer subject to the supervisory control of the county health agency director.

(b) It shall be the duty of the chief animal control officer to:

(1) Enforce the provisions of this title, any other sections of San Luis Obispo County Code pertaining to the care and keeping of animals, and all applicable statutes and regulations of the state.

(2) Designate and employ those individuals who shall perform the duties of animal control officer.

(3) Have charge of and supervise the county animal shelter(s) under his or her jurisdiction.

(4) Keep records of all animals impounded in said shelter(s).

(5) Keep accounts of all moneys collected and received in the administration of the title.

(c) Nothing in this section is intended to create a mandatory duty to perform the duties above for purposes of imposing liability under Government Code section 815.6.

(Ord. No. 3498, 11-7-23)

The chief animal control officer and his or her duly appointed staff shall have the power to issue citations pursuant to Sections 1.08 and 9.01.012 of this code.

(Ord. No. 3498, 11-7-23)

It is unlawful for any person to hinder, resist or obstruct the chief animal control officer or any of his or her staff or employees in the exercise of their lawful duties. Any person who violates this section is guilty of a misdemeanor.

(Ord. No. 3498, 11-7-23)

Except as provided in this chapter, any person who, after written notice, violates, or who upon the demand of the division, refuses or neglects to conform to any lawful rule, written order, or regulation prescribed by the division is guilty of an infraction.

(Ord. No. 3498, 11-7-23)

It is unlawful for any person who has not been designated to the position of animal control officer as provided in Section 9.01.004, to represent himself or herself to be, or to attempt to act as an animal control officer. Any person who violates this section is guilty of a misdemeanor.

(Ord. No. 3498, 11-7-23)

The division shall keep a record of the number, description and disposition of all animals impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or household pets, the reason for destruction and such additional records as the board of supervisors may from time to time direct.

(Ord. No. 3498, 11-7-23)

(a) Whenever fees are to be charged by the division of animal services, these fees shall be set by ordinance or resolution of the board of supervisors.

(b) A fee, including a penalty fee, may be waived if, in the discretion of the chief animal control officer, it is contrary to interests of justice, would adversely impact animal welfare, or would impose an undue financial hardship upon the payee.

(Ord. No. 3498, 11-7-23)

(a) Except as otherwise provided, violation of a provision of this title is an infraction.

(b) Each day upon which a violation occurs or continues to occur shall constitute a separate offence.

(Ord. No. 3498, 11-7-23)