Shasta County Municipal Code Ch. 6.04 Animals Generally

This chapter shall be known and may be referred to in all proceedings as the animal regulation ordinance. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

For the purpose of this chapter the following definitions apply:

"Agricultural activities" means those activities related to the growing and harvesting of crops, the rearing and managing of livestock, or the production of plants and animals useful to humankind.

"Allow" means to permit. No element of knowledge or intent is required.

"Animal" means any living creature, except humans.

"Animal regulation unit" means (1) the entity established within the Shasta County Sheriff's Office (hereinafter referred to as the "Sheriff's Office Animal Regulation Unit"); (2) the county's contract agency; or (3) both, charged with enforcing the provisions of the animal regulation ordinance and exercising those powers and performing those duties as set forth in this chapter,

"Animal regulation officer" means the following:

1. The supervisor of the sheriff's office animal regulation unit and all non-clerical employees of the sheriff's office animal regulation unit; and

2. The chief executive officer of the county's contract agency and all non-clerical employees of the county's contract agency including, but not limited to, humane officers employed by the county's contract agency.

An "animal regulation officer" shall be deemed an "animal control officer" as provided in Penal Code section 830.9.

An "animal regulation officer" employed with the sheriff's office animal regulation unit shall also be deemed an "animal control officer" as provided in Penal Code section 11165.7 and a "public officer or employee" as provided in Penal Code section 836.5.

"Board of supervisors" means the Shasta County Board of Supervisors.

"Code" means the Shasta County Code.

"Commercial animal establishment" means any location where the labor and activity of buying, selling, bartering, training, renting, or boarding of any number of animals, including but not limited to dogs, cats, wild animals, domestic animals, or fowl is conducted for commercial purposes. This definition, shall not apply to:

1. Full-time agricultural activities,

2. Business activities of a duly licensed veterinary hospital,

3. Training facilities where owners are instructed on how to handle their own pets,

4. A person who is currently licensed as a guide pursuant to Chapter 5 of Division 3 of the Fish and Game Code (commencing with section 2535),

5. A person who does not regularly sell, trade or barter dogs or cats (for the purposes of this subdivision, "regularly" means three or more occasions within any twelve-month period), or

6. Any public agency.

"Commercial purposes" means to manage, conduct, or carry on any business, function, activity, or enterprise for commercial, retail, industrial, or professional purposes. Commercial purposes shall include, but not be limited to, the trade of goods, commodities, or services.

"Contract agency" means any humane society or society for the prevention of cruelty to animals that has entered into a contract or agreement with county to enforce the provisions of the animal regulation ordinance and/or exercise those powers and perform those duties as set forth in this chapter,

"County" means the County of Shasta.

"County administrative officer" means the County Administrative Officer of the County of Shasta.

"Current vaccination" means the period of time a vaccination is effective.

"Dog hobbyist" means any person who owns or possesses, within or adjoining a private residence, not more than twenty dogs over four months old for non-commercial purposes, which are limited to hunting, tracking, exhibition in dog shows, obedience trials, field trials, dog sledding, or to enhance or perpetuate a given breed. A dog hobbyist shall include, but not be limited to, any person who owns or possesses not more than twenty dogs over four months old who is currently licensed as a guide pursuant to Chapter 5 of Division 3 of the Fish and Game Code (commencing with section 2535).

"Health Officer" means the Shasta County Health Officer or the Health Officer's designee.

"Humane officer" means a person qualified and appointed pursuant to California Corporations Code section 14502, who is an employee of the County's contract agency. Humane officers shall have the authority to issue notices to appear in court pursuant to Chapter 5c (commencing with section 853.5) of Title 3 of Part 2 of the Penal Code for violations of state or local animal control laws. This authority is based on section 14503 of the California Corporations Code.

"Keeper" means a person who is in possession of an animal.

"Law" includes, but is not limited to, statutes of the State of California, the California Code of Regulations, and the Shasta County Code. Any reference to the Fish and Game Code, Food and Agricultural Code, Government Code, or Penal Code shall be deemed a reference to California statutory provisions.

"Licensed dog" means any dog for which a license and metallic license tag have been issued and are current, which is currently vaccinated, and to which the metallic license tag is securely fastened to a collar worn by the dog.

"Livestock" means bovine and ruminant animals, horses, mules, burros, sheep, goats, llamas, alpacas, vicunas, gnus, emus, ostriches, swine, domestic fowl, mink, rabbits and other useful animals commonly kept or raised on farms or ranches as an agricultural activity. "Livestock" does not include dogs, cats, and other common household pets.

"Non-commercial dog sanctuary" means a residence, building, lot, area, or location where more than twenty dogs over four months old are kept for non-commercial purposes.

"Non-commercial purposes" means purposes other than a commercial purpose, and includes, but shall not be limited to, philanthropic and charitable purposes.

"Owner" means any person who owns, possesses, keeps, or harbors an animal except a veterinarian or an operator of a commercial kennel or a pet shop engaged in the regular operation of said business.

"Possess" means to have custody, control, or dominion either actually or constructively.

"Ranch dog owner" means any person who owns or possesses within or adjoining a residence, building, lot, or area which is zoned for full-time agricultural uses under Chapter 17 of this code, not more than twenty dogs over four months old for personal, recreational, or noncommercial purposes, or purposes related to agricultural activities, including, but not limited, to the control, herding, and protection of livestock.

"Stray" means to be at large off the premises of the owner or possessor and not at all times under the immediate control or direction of the owner or possessor. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. The supervisor of the sheriff's office animal regulation unit shall be appointed and supervised by the Shasta County Sheriff.

B. In addition to or in lieu of the sheriff's office animal regulation unit, the board of Supervisors may contract with a contract agency to enforce the provisions of the animal regulation ordinance and/or exercise those powers and perform those duties as set forth in this chapter.

1. The powers and duties of the contract agency shall be enumerated in the county's contract with the contract agency. Any non-enumerated powers and duties shall remain exclusively with the sheriff's office animal regulation unit.

2. Unless the county's contract with a contract agency states that a particular power or duty is vested exclusively with the contract agency, any powers or duties vested with the county's contract agency may also be exercised by the sheriff's office animal regulation unit.

C. The supervisor of the sheriff's office animal regulation unit, subject to the direction and supervision of the sheriff, and the chief executive officer of the county's contract agency, subject to the terms and conditions of the county's contract with the contract agency, shall have the following duties:

1. To supervise the operations of the animal regulation unit(s),

2. To establish policies and procedures to implement the provisions of this chapter and state law pertaining to licensing and permits and the care, treatment, and impoundment of animals,

3. To supervise the animal regulation officers, make duty assignments, establish policies and procedures regarding investigations, arrests, and the issuance of notices to appear for violations of this chapter and related state laws, and establish policies and procedures regarding the use of firearms and the type of firearms which may be carried while engaged in the performance of their duties,

4. To keep such records as may be required, and

5. To perform such other duties and to make such determinations as are reasonably necessary and proper for the discharge of his or her duties.

D. subject to the direction and supervision of the sheriff, the supervisor of the sheriff's office animal regulation unit and all animal regulation officers employed in the sheriff's office animal regulation unit shall have the following powers and duties and are authorized to carry firearms while so engaged when in conformity with the policies and procedures of the sheriff and supervisor of the sheriff's office animal regulation unit:

1. To enforce all provisions of this chapter and laws of the State of California relating to the care, treatment, and impounding of animals, and to issue written notices to appear and to make arrests as provided by law for violations of the provisions of this chapter and state law;

2. To maintain and keep an animal shelter or other place where all animals which are subject to impoundment may be kept and safely held and provided with proper and sufficient food, water, and care;

3. To seize, impound, and safely keep any animal when authorized by law;

4. To collect the fees, costs, or charges authorized by law or board of supervisors ordinance or resolution;

5. Where authorized by law, to enter any premises upon which an animal is kept for the purpose of taking up, seizing, or impounding an animal or for the purpose of determining whether such animal is licensed or the owner or possessor thereof is in violation of law;

6. To destroy or dispose of any animal when permitted pursuant to law or whenever a clear and present danger to public health or safety exists;

7. To perform such other duties and make such determinations as are reasonably necessary and proper for the discharge of the aforementioned powers and duties, except that nothing herein shall be construed to require the impoundment and disposition of wild animals; and

8. To remove or arrange for the removal and disposal of the carcass of any animal when public health or safety is endangered and when deemed advisable and appropriate by the animal regulation officer.

E. Subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency and all animal regulation officers employed with the contract agency shall have the powers and duties identified in subdivision (D) of section 6.04.030 of this chapter, as well as any powers and duties provided to humane officers by law, and may carry firearms to the extent authorized by law. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. Except as otherwise provided in this section, the provisions of Chapter 9, Division 14 of the Food and Agricultural Code (Food & Agr. Code, § 31601 et seq.) are adopted and incorporated herein by reference.

B. An administrative hearing to determine whether a dog is potentially dangerous or vicious shall be initiated and proceed in the following manner:

1. If an animal regulation officer has investigated and determined that there exists probable cause to believe a dog is potentially dangerous or vicious, the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) shall file a petition with the county administrative officer or his/her designee for a hearing to determine whether the dog in question should be declared potentially dangerous or vicious.

2. All petitions filed pursuant to this section shall be prepared and served in the manner provided for in Food and Agricultural Code section 31621. The forms approved by the Judicial Council of California may be utilized for all petitions, proofs of service, notices, and orders.

3. All hearings convened pursuant to this section shall be conducted in the manner and within the time periods provided for in Food and Agricultural Code sections 31621, 31622, and 31623.

4. The hearing officer conducting any hearing pursuant to this section shall have the authority to issue subpoenas to compel attendance of witnesses and/or production of documents and to swear witnesses and may employ a competent reporter to record the proceedings of the hearing if, in the hearing officer's opinion, such a record is necessary. Any person failing to obey a subpoena, or subpoena duces tecum, or to be sworn and testify, shall be deemed to be in contempt of the hearing officer, and the hearing officer shall have the power to enforce the subpoena or subpoena duces tecum in any manner permitted by law and to take such proceedings and refer the contempt to the court to order the witness's compliance, as may be taken by a board of supervisors pursuant to Title 3, Division 2, Part 2, Chapter 1, Article 9 (Sections 25170-25176) of the Government Code.

5. The county administrative officer or his/her designee shall issue a written determination and any order(s) within thirty days after the hearing is completed. The owner or keeper of the dog shall be notified by the county administrative officer or his/her designee personally or by first-class mail postage prepaid of the determination and all orders which may have been imposed.

6. The county administrative officer or his/her designee is empowered to make the determinations and orders set forth in Articles 2 and 3, Chapter 9, Division 14 of the Food and Agricultural Code (commencing with section 31621). If the petitioner or the owner or keeper of the dog contests the determination, he or she may appeal the decision as provided in Chapter 9, Division 14 of the Food and Agricultural Code.

7. If a dog is found to be potentially dangerous or vicious, it shall be so designated on the records of the animal regulation unit. The owner or keeper of a potentially dangerous or vicious dog shall in addition to the regular licensing and permit fees, pay to the animal regulation unit an annual fee to provide for the increased costs of maintaining the records of the dog.

8. All sanctions and orders imposed on the owners and keepers of any dog determined potentially dangerous or vicious prior to the enactment of the ordinance codified in this section shall remain in effect. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. It is unlawful for the owner or possessor of any animal to allow it to stray from the premises where such animal is kept. This subsection does not apply to livestock on the open range, to domestic cats, or to a person engaged in hunting activities during the period and in the manner authorized by law.

B. It is unlawful for the owner or possessor of any animal to allow it to enter upon the land of another without the permission of the owner or possessor of such land. This subsection does not apply to livestock on the open range or to domestic cats.

C. It is unlawful for the owner or possessor of any animal to allow said animal to disturb the peace by loud and unreasonable howling, barking, or by the making of other loud and unreasonable noise. This subsection does not apply to reasonable noises emanating from legally operated animal hospitals, animal shelters, humane societies, commercial animal establishments, or agricultural activities.

D. It is unlawful for the owner or possessor of any animal to allow it to trespass on public or private property so as to damage or destroy any property or thing of value. This subsection extends to trespass on the open range if the public health or welfare is endangered.

E. It is unlawful for the owner or possessor of any animal to allow it to attack or injure any person or animal.

F. It is unlawful for the owner or possessor of any dog to allow it to mate or attempt to mate in view of the public or in a public place.

G. It is unlawful for the owner or possessor of any dog to allow it to enter upon the grounds of any school unless the dog is secured by a leash and is under the control of its possessor, or is securely fastened by a leash to a fixture. This provision shall not apply if permission has been given by the chief administrative officer of the school or his/her designee to the owner or possessor of the dog to allow it to enter upon the grounds of a school without being secured by a leash, or securely fastened by a leash to a fixture. In any criminal prosecution or civil action for a violation of this provision the burden of proving such permission shall rest upon the person or persons claiming it.

H. It is unlawful for any person to possess any animal that is seriously injured or afflicted with mange, ringworm, distemper, or any other disease without providing adequate treatment for such condition. For the purposes of this subsection, adequate treatment shall mean such treatment that in the opinion of a veterinarian is appropriate given the injury or condition of the animal.

I. It is unlawful to own or keep any animal on premises which are not maintained in a clean and sanitary condition.

J. It is unlawful to fail to exhibit upon demand any license, license tag, permit, or certification of rabies vaccination to any person authorized to enforce the provisions of this chapter or any law relating to the care, treatment, and impounding of animals.

K. It is unlawful to conceal information about the location or ownership of an animal subject to rabies, that an animal regulation officer has probable cause to believe has bitten or otherwise exposed a person to rabies, with the intent to prevent the quarantine or isolation of that animal by an animal regulation officer.

L. It is unlawful to violate any order of an animal regulation officer concerning the isolation or quarantine of an animal of a species subject to rabies, that an animal regulation officer has probable cause to believe has bitten or otherwise exposed a person to rabies or, after such an order has been issued and is still in effect, to fail to produce the animal upon demand of an animal regulation officer. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. By ordinance or resolution adopted after a public hearing, the Board of Supervisors may designate areas of the county as dog leash zones. All dog leash zones in existence prior to the enactment of the ordinance codified in this section shall remain in effect.

B. It is unlawful for the owner or possessor of a dog to allow it to be at any place in a dog leash zone unless it is on a leash and under the control of the owner or possessor. This subsection shall not apply to dogs which are on the premises of the owner or possessor or being lawfully transported in a motor vehicle.

C. Each dog leash zone shall be identified by signs placed by the Shasta County Department of Public Works and declaring that within the zone, no dog is allowed to run at large. The failure to post signs shall not be a defense to a violation of this section. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. It is unlawful to own or possess a dog unless it is licensed pursuant to this chapter.

B. Every owner of a dog which is over the age of four months and which is owned or possessed in this county shall procure a license and a metallic license tag for each such dog from the animal regulation unit. A dog which is included among the dogs covered by a permit issued pursuant to section 6.04.080 is not required to be licensed or to wear a license tag. Licenses and license tags shall be issued for a period not to exceed three years. License tags shall be serially numbered and stamped with the name of the county and the year of issue.

C. No license, license tag, or permit shall be issued or renewed unless the dog to be licensed or covered under a permit has been vaccinated against rabies and said vaccination is current. Written certification by a veterinarian of current vaccination against rabies must be presented upon application for a license and license tag or permit.

D. If a rabies vaccination expires or is no longer current, any dog licensed pursuant to this chapter or covered under a permit issued pursuant to section 6.04.080 shall thereupon be deemed unlicensed.

E. It is unlawful to own or possess a dog required to be licensed pursuant to this chapter unless said dog is wearing a collar to which a current license tag is securely fastened.

F. It is unlawful to attach a license tag to the collar of any dog, except the dog which is described in the application for such license tag.

G. Upon the transfer of ownership of a licensed dog or a dog covered under a permit issued pursuant to section 6.04.080, the person making the transfer shall notify the animal regulation unit of the name and address of the person receiving the dog. It is unlawful to fail to notify the animal regulation unit as required by this subsection. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. It is unlawful to own or possess a dog or cat over four months old unless, it has been vaccinated against rabies and unless said vaccination is current.

B. It is unlawful for an owner or possessor of a dog or cat over four months old to bring it into the county unless it is currently vaccinated against rabies.

C. A dog or cat is exempt from rabies vaccination during the time a veterinarian has verified in writing that vaccination would endanger the health of the animal. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. Except as permitted by this section, and other than legal uses in existence upon enactment of this chapter, it is unlawful for any person to own or possess more than six dogs which are over the age of four months on any lot, premises, dwelling, building, structure, vessel, or living accommodation.

B. Dog hobbyist and ranch dog owner permits. Every dog hobbyist and ranch dog owner shall obtain a permit from the animal regulation unit. The supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) may issue a dog hobbyist or ranch dog permit upon the receipt of an application and payment of a fee. The supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) may issue a dog hobbyist permit or ranch dog permit subject to such terms and conditions as may be determined to be appropriate, including but not limited to, proof of current rabies vaccination for each dog, the number of dogs which may be permitted, and such other terms and conditions as may be necessary to provide for the humane care and treatment of the dogs covered by the permit. The permit period shall be for one year. Issuance of a dog hobbyist or ranch dog owner permit does not exempt the holder thereof from any applicable zoning, use permit, building, or other land use requirements or restrictions which may apply pursuant to law. It is unlawful for a dog hobbyist or ranch dog owner to not have a valid and current permit.

C. Non-commercial dog sanctuary permit. It is unlawful for any person to operate or maintain a non-commercial dog sanctuary without first obtaining a valid current permit therefor. The supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) may issue a non-commercial dog sanctuary permit upon receipt of an application and payment of a fee. The supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) may issue the permit subject to such terms and conditions as may be determined to be appropriate, including but not limited to, proof of current rabies vaccination for each dog, the number of dogs which may be permitted, and such other terms and conditions as may be necessary to provide for the humane care and treatment of the dogs covered by the permit. The permit period shall be for one year. Issuance of a non-commercial dog sanctuary permit does not exempt the holder thereof from any applicable zoning, use permit, building, or other land use requirements or restrictions which may apply pursuant to law.

D. Commercial animal establishment permit. It is unlawful for any person to operate or maintain a commercial animal establishment without first obtaining a valid current permit therefor. The supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) may issue a commercial animal establishment permit upon receipt of an application and payment of a fee. The supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) may issue the permit subject to such terms and conditions as may be determined to be appropriate, including but not limited to, proof of current rabies vaccination, the number of animals which may be permitted, and such other terms and conditions as may be necessary to provide for the humane care and treatment of the animals covered by the permit. The permit period shall be for one year. Issuance of a commercial animal establishment permit does not exempt the holder thereof from any applicable zoning, use permit, building, or other land use requirements or restrictions which may apply pursuant to law.

E. No permit issued pursuant to this section shall be granted for the purpose of breeding, keeping, or training dogs or other animals for use in fighting events.

F. Any permit issued pursuant to this section may be revoked by the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) under any of the following circumstances:

1. The permit holder has been convicted of any violation of this chapter or any law pertaining to the care of animals,

2. The permit holder is in violation of any zoning, health and safety, land use, or building laws relating to the keeping of animals or relating to the site where the dogs are kept,

3. The permit holder has been determined pursuant to section 6.04.040 to own or possess a potentially dangerous of vicious dog, or

4. The permit holder has violated a term or condition of the permit.

G. An applicant for a permit or a permit holder may appeal to the sheriff any determination made by the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, made by the chief executive officer of the contract agency or his/her designee) regarding the issuance, revocation, or terms and conditions of a permit issued pursuant to this section. The decision of the sheriff shall be final. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. Subject to section 53074 of the Government Code, any animal may be seized and impounded by an animal regulation officer or peace officer if any of the following conditions exist:

1. The animal is engaged in an activity or existing in a condition prohibited by law,

2. The animal is, or will be, without proper care due to the absence or incapacitation of the owner or possessor,

3. The animal is subject to quarantine, or

4. Any other reason permitted by law.

B. Except as otherwise provided by law, an impounded animal shall be taken to the animal shelter or other suitable facility or placed where it may be properly sheltered and cared for.

C. Except as otherwise provided by law and subject to section 17006 of the Food and Agricultural Code and subdivision (d), impounded animals may be redeemed or disposed of in accordance with the following provisions:

1. Dogs. Unless a dog has been redeemed within six business days after being impounded, not including the day of impoundment, the animal regulation unit may sell it, place it in a suitable home, or destroy it in a humane manner. If a licensed dog is seized and impounded, within twenty-four hours of impoundment the animal regulation unit shall mail written notice of the impoundment to the owner at the address shown in the license records of the unit. The notice shall explain the time limits and procedures for redeeming the dog, provide a brief description of the dog, and include the address and telephone number of the animal regulation unit. If an unlicensed dog is seized and impounded from a private residence, ranch, farm, or business and the owner or possessor of the dog is not present at the time of seizure, the animal regulation officer shall post a notice of impoundment at the premises. The notice shall explain that an unlicensed dog has been seized from the premises, explain the time limits and procedures for redeeming the dog, provide a brief description of the dog and include the address and telephone number of the animal regulation unit. Any notice issued under this section shall also explain that if the unlicensed dog is not redeemed within six business days, it may be sold, placed, or destroyed.

2. Cats. Unless a cat has been redeemed within six business days after being impounded, not including the day of impoundment, the animal regulation unit may sell it, place it in a suitable home, or destroy it in a humane manner. If the address of the owner of the cat can be determined from identification attached to the cat, within twenty-four hours of impoundment the animal regulation unit shall mail written notice of the impoundment to the owner at the address determined from the identification attached to the cat. The notice shall explain the time limits and procedures for redeeming the cat shall briefly describe the cat, and shall include the address and telephone number of the animal regulation unit. The notice shall also explain that, if the cat is not redeemed within six business days, it may be sold, placed, or destroyed. No other notice shall be required prior to disposition of the cat.

A "feral cat," as defined in Food and Agricultural Code section 31752.5, that has been impounded pursuant to this chapter or state law shall be disposed of as provided in Food and Agricultural Code section 31752.5, as currently enacted and as may be amended.

3. Bovine animals, horses, mules, sheep, swine and burros. A bovine animal, horse, mule, sheep, swine or burro which has been impounded pursuant to this chapter or state law shall be disposed of as provided in Chapter 7 of Part 1 of Division 9 of the Food and Agricultural Code (Food & Agr. Code, § 17001 et seq.), as currently enacted and as may be amended.

4. Other animals. Except as otherwise provided by law, if an animal other than a dog, cat, bovine animal, horse, mule, sheep, swine or burro is not redeemed within six business days after impoundment, not including the day of impoundment, it shall either be sold for its fair market value as determined by the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, as determined by the chief executive officer of the contract agency or his/her designee), placed in a suitable home, or destroyed in a humane manner. If the address of the owner of the animal can be determined from identification on the animal or if the address of the owner is known to the animal regulation unit, the unit shall mail written notice of the impoundment to the owner at the address so determined within twenty-four hours of impoundment. The notice shall briefly describe the animal, explain the time limits and procedures for redeeming the animal, and include the address and telephone number of the animal regulation unit. The notice shall also explain that, if the animal is not redeemed within six business days, it may be sold, placed, or destroyed. No other notice shall be required prior to disposition of the animal.

5. No dog or cat may be reclaimed by the owner or possessor, or placed in a suitable home, unless licensed or covered under a permit issued pursuant to this chapter and vaccinated against rabies. Except for good cause shown and upon the approval of the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the approval of the chief executive officer of the contract agency or his/her designee), any dog or cat which is adopted and placed in a suitable home shall, prior to placement, be neutered or spayed.

D. An impounded animal which is determined by the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) or the health officer to be critically injured or ill or to constitute a health hazard or a danger to public safety may be immediately destroyed.

E. The animal regulation unit shall charge fees and costs for the transportation, impoundment, and redemption of animals. No impounded animal may be released to the owner or possessor until all charges, fees, and costs have been paid to the animal regulation unit. Surrender of an animal by the owner or possessor to the animal regulation unit subsequent to impoundment shall not relieve the owner of the obligation to pay charges, fees, and costs which have been incurred prior to surrender of the animal.

F. Upon the approval of the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, upon the approval of the chief executive officer of the contract agency or his/her designee), the charges, fees, and costs for the impoundment of animals may be waived, in full or in part, exclusive of license and vaccination fees, when animals have been impounded because of civic emergency or natural disaster; whenever a guide dog or personal assistance dog has been impounded; if the owner or possessor of an impounded animal shows to the satisfaction of the supervisor (or the chief executive officer of the contract agency or his/her designee) that he or she was not at fault for the impoundment; or for other good cause. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)

A. Unless a fee or charge amount is specifically provided by law or in this chapter, the board of supervisors may by ordinance or resolution establish fees and charges, including, but not limited to, fees and charges for impoundment, redemption, licensing, permits, vaccination, adoption, and boarding of animals.

B. Unless otherwise provided, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 108.

C. This chapter is a regulatory provision necessary for the protection of the public health, welfare, and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent unless otherwise specifically required.

D. A violation of any provision of this chapter, the maintenance of any animal in violation of any provision of this chapter, or a violation of any order of a hearing officer or court issued pursuant to this chapter constitutes a public nuisance.

E. Unless otherwise specifically provided, nothing in this chapter shall be construed to authorize, permit, or exempt any person from the provisions of Chapter 17 of this Code or any other provision of law pertaining to building standards and requirements, zoning, use permits, or other land use laws. Unless otherwise specifically provided, the definitions and provisions of this chapter shall have application only to this chapter and shall not be construed to modify or affect the definitions or provisions of any other chapter of this code.

F. Unless otherwise specifically provided, any reference in this chapter to a law or laws shall be deemed to refer to the law or laws as currently written or as may hereafter be amended. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)