Yuba County Municipal Code Ch. 8.05 Animal Care Services

This Chapter is enacted pursuant to the authority contained Food and Agricultural Code Div. 14 (Food and Agricultural Code § 30501 et seq.), Food and Agricultural Code § 31683 and Government Code § 25800.

(Prior Code, § 8.05.010; Ord. No. 1281)

The words and terms used in this Chapter have the meaning indicated as follows unless the context clearly indicates otherwise:

(1) Animal Care Officer means any person appointed by the Board of Supervisors to enforce this Chapter and includes all duly authorized deputies.

(2) Animal is defined to include, but not be limited to, any animal, poultry, bird, reptile, or fish, either wild or domestic.

(3) Animal shelter means the facilities provided by the County for the impoundment, relinquishment, quarantine, and adoption or sale of animals.

(4) At large or stray means any animal off the property of its owner or caretaker and either: (1) not under the control and in the immediate presence of the owner or caretaker, and (2) if the animal is a dog, not restrained by a leash or under the control and in the immediate presence of the owner or caretaker.

(5) Caretaker means a person who is not the owner of an animal, but has charge, care, control or custody of such animal.

(6) Cat includes all felines.

(7) Collar means a band, chain or other suitable device worn around the neck of an animal to which a license tag may be affixed.

(8) Commercial purposes is defined to include any commercial trade in animals, or in services to owners, but not to include the use of dogs in livestock husbandry.

(9) Disturbing the peace means the permitting of any animal [except for livestock and poultry in land zoned as Exclusive Agricultural Zone (AAE) or Agricultural/Rural Residential Zone (AA/RR) by any person who owns, or has charge, care, control or custody of any such animal, by any sound or cry, to disturb the peace and comfort of any neighborhood, or to interfere with any person in the reasonable and comfortable enjoyment of life or property.

(10) Dog includes any domestic and/or domesticated member of the canine family.

(11) Domestic animal means dogs, cats, horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised as domestic animals.

(12) Feral animal means any domestic animal that is known to live in a wild or semi-wild state without benefit of an owner, or any domestic animal that has escaped for a substantial period of time from the care of its owner and exists in a wild state without benefit of domestication.

(13) Health Department means the Health Department of the County of Yuba.

(14) Health Officer means the Director of the Yuba County Health Department or other person duly authorized by the Director to act on his or her behalf.

(15) Impoundment means the taking up and confining of an animal by the Director of Animal Care, or his appointee, in accordance with the provisions of this Chapter or other applicable law or regulation.

(16) Kennel means any enclosure, building, or structure where five or more dogs or cats of at least four months of age are kept, harbored or maintained in a confined manner for commercial purposes.

(17) Large animal means any domestic bovine animal, horse, mule, burro, sheep, goat, swine or any other animal in excess of 100 pounds.

(18) Leash is defined as a cord, strap, rope, chain, cable, or similar device, not exceeding eight feet in length, and is capable of restraining the animal to which it is attached.

(19) License Collector or License Officer is defined to mean the Treasurer-Tax Collector of Yuba County or his designated deputy.

(20) Livestock includes all domesticated bovine, equine, ovine, avian and rodent species.

(21) Owner means any person, firm or corporation, who possesses, has title, or an interest in, harbors, or has control, custody or possession of an animal.

(22) Person includes any individual, firm, association, organization, partnership, business trust, estate, corporation or company.

(23) Pet shop includes any commercial premises or facilities used, occupied, owned, or managed by any person, firm or corporation where live animals are kept for sale as domestic pets.

(24) Potentially dangerous dog means any of the following:

a. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

b. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Food and Agricultural Code § 31604.

c. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

State Law reference— Similar provisions, Food and Agricultural Code § 31602.

(25) Repeatedly, regularly, or habitually are all defined to mean an act occurring three or more times in a 12-month period.

(26) Rural area includes the unincorporated are of the County of Yuba, which is not included in urban areas as herein defined.

(27) Small animal means a domestic animal or domesticated wild animal, which is not a "large animal" as defined in this Chapter.

(28) Urban area includes all areas or portions of Yuba County designated by R1, R2, R3, C or M-1 zoning.

(29) Vaccination means the inoculation of an animal with a vaccine approved by and in the manner prescribed by the State Department of Public Health.

(30) Veterinarian means a person licensed by the State of California to practice veterinary medicine.

(31) Vicious dog means any of the following:

a. Any dog seized under Penal Code § 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code § 597.5(a).

b. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

c. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Food and Agricultural Code § 31641, 31642, or 31643.

(32) Wild animal means any animal, bird, reptile, or fish, which is not normally domesticated in California as specified by the California Department of Fish and Game.

(33) Working animals means animals under the control of humans used in the movement of livestock, poultry, or in the taking of wild animals or fowls during season established by the U.S. Government, the State or in field trails, exhibitions or competitions.

(34) Working day means any day not a Saturday or Sunday, and not a holiday as defined in Government Code § 6700.

(Prior Code, § 8.05.020; Ord. No. 1281)

The position of Animal Care Officer is hereby established.

(Prior Code, § 8.05.030; Ord. No. 1281)

The duty and obligation of the enforcement of this Chapter, and of the Food and Agricultural Code, and all other laws pertaining to the care, treatment or possession of animals is vested in the Animal Care Officer, as a public officer, pursuant to Food and Agricultural Code § 7 and is vested with the authority to issue citations for violations of this Chapter under the provision of Chapter 1.20 of the Yuba County Ordinance Code.

(Prior Code, § 8.05.040; Ord. No. 1281)

The Sheriff may specifically designate Animal Care Officers to carry firearms when acting in the course and scope of their employment pursuant to Penal Code §12020.

(Prior Code, § 8.05.045; Ord. No. 1281)

An animal shelter is hereby authorized and established in the County of Yuba. The Board of Supervisors will periodically designate the location of the shelter(s) by resolution.

(Prior Code, § 8.05.050; Ord. No. 1281)

(a) The animal care staff, on behalf of the Sheriff of the County of Yuba, is hereby authorized and directed to collect license fees as provided herein and the Animal Care Officer upon receipt of evidence of a payment of such fees is hereby authorized and directed to issue license certificates and tags as provided herein.

(b) Funds pursuant to this Chapter and otherwise in the operation of animal care shall be accounted for as required by the Auditor-Controller and shall be deposited at least weekly with the Treasurer-Tax Collector, or as otherwise specified by the Board of Supervisors.

(Prior Code, § 8.05.060; Ord. No. 1281)

The Animal Care Officer has no power, authority, or duty as to animals that are within the jurisdiction and the authority of the United States Wild Life Services or the California Department of Fish and Game.

(Prior Code, § 8.05.070; Ord. No. 1281)

Notwithstanding any language or provisions to the contrary, nothing in this Chapter shall be construed to refer to or regulate domestic cats except those provisions relating to disease control.

(Prior Code, § 8.05.080; Ord. No. 1281)

(a) For the purpose of enforcing this Chapter and discharging the duties imposed by law, the Animal Care Officer is authorized to enter upon any enclosed or unenclosed real property provided that entry into private living quarters shall be permitted only insofar as it is authorized by Health and Safety Code § 121625.

(b) Prior to entry upon any privately owned real property, the Animal Care Officer shall make reasonable efforts to notify the owner thereof, or a reasonable person thereon, or his proposed enforcement action. If the Animal Care Officer is unable to contract the owner or such reasonable person, he shall post a notice at the normal point of entry to said property of the enforcement action taken.

(c) In the performance of these duties, the Animal Care Officer shall have the authority, when in pursuit of an animal that is in violation of a provision of this Chapter, to go on the property of the owner, or that of a third person, for the purpose of impounding the animal, provided that in the course of such pursuant he shall exercise reasonable care to avoid causing damage to the property.

(Prior Code, § 8.05.090; Ord. No. 1281)

Notwithstanding any other provisions of this Chapter, if the Animal Care Officer finds an injured cat or dog without its owner in a public place, and away from the owner's property, they shall take such animal to a veterinarian as specified in with Penal Code § 597f(b). In accordance with Penal Code § 597f(b), the Animal Care Officer may, with the approval of his or her immediate supervisor, humanely destroy any abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be humane to dispose of the animal.

(Prior Code, § 8.05.095; Ord. No. 1281)

(a) Every person who owns or comes into control, custody, or possession of any dog four months of age or older, shall, within 30 days of such ownership, control, custody or possession, or within 30 days of the dog reaching the age of four months, apply for and secure a license for the dog in accordance with this Chapter. This license shall be renewed within 30 days after expiration, for a period not less than six months nor more than 24 months, except a dog may be licensed for a period not to exceed three years so long as they have attained the age of 12 months, or older, and have been vaccinated against rabies (refer to Food & Agricultural Code § 30801(b) and (c)). Dogs not licensed within these periods shall be subject to a penalty.

(b) No such license shall be issued unless and until the dog has been vaccinated with a State approved rabies vaccine, by injection or other methods, as approved by the Health Officer. The owner or person in possession of the dog must present or submit a rabies vaccination certificate, good for the licensing period, which certificate shall be signed by the licensed veterinarian who administered the vaccination. This certificate shall contain the following information:

(1) Type of vaccination used;

(2) Date of the vaccination and the expiration date of the vaccination;

(3) Breed, age, color, sex and any other identifying information of the vaccinated dog;

(4) Serial number of the rabies vaccination tag issued to the dog; and

(5) The name and address of the owner.

(c) Veterinarian vaccinating dogs against rabies in Yuba County shall furnish a copy of the Rabies Vaccination Certificate to Yuba County Animal Care within 30 days after vaccination.

(d) Whenever a current license tag has been lost or stolen, the owner of the dog for which the tag was issued may, upon payment of an established fee, receive a duplicate tag from the Animal Care Officer or Tax Collector.

(Prior Code, § 8.05.100; Ord. No. 1281)

State Law reference— Dog license terms, prerequisites, etc., Food and Agricultural Code § 30801.

The Animal Care Officer shall promulgate, with the approval by resolution of the Board of Supervisors, administrative rules and regulations to carry out the purposes of this Chapter, including licensing requirements, vaccination requirements and administrative procedures for impounding, quarantining and disposing of animals.

(Prior Code, § 8.05.110; Ord. No. 1281)

Possession of wild animals requires a permit issued by the California Department of Fish and Game.

(Prior Code, § 8.05.115; Ord. No. 1281)

Every person who becomes in control, custody, or possession of any dog shall procure the rabies vaccination of the dog by a licensed veterinarian, with canine anti-rabies vaccine approved by the Health Officer, within 30 days after the dog becomes four months of age. Rabies vaccinations are effective for the period of time specified by the State of California.

(Prior Code, § 8.05.120; Ord. No. 1281)

The licensing requirements under the provisions of this Chapter shall not apply to the following:

(1) A dog owned by a nonresident of this County that does not remain in the County more than 30 days.

(2) A dog licensed by any city within this County.

(3) Dogs owned by a licensed kennel as shown by the Health Officer's records;

(4) "Guide dogs, signal dogs, or service dogs, as such terms are defined in Civil Code § 54.1, especially trained for the purpose, used by residents in the jurisdiction of Yuba County Animal Care shall be licensed, but the license fees shall not be incurred or collected.

(5) A dog owned and used by public agencies for law enforcement purposes shall be licensed, but the license fees established herein shall not be incurred or collected.

(6) Residents, 65 years of age or older, may have one dog per household licensed free of charge for the duration of the certificate of rabies vaccination for the animal. Proof of the owner's age shall be provided by a valid driver's license, birth certificate, military identification card or similar document.

(Prior Code, § 8.05.130; Ord. No. 1281)

Upon issuance of a license, a County registration tag and a certificate of registration shall be issued. An owner or custodian of a dog, upon demand of the Animal Care Officer, shall exhibit this certificate to any Animal Care Officer. The numbered metal registration tags shall be securely fixed to a collar, harness or other device, and shall be worn only by the dog so registered at all times, except while such dog is within a dwelling or structure, or in an enclosed yard or pen.

(Prior Code, § 8.05.140; Ord. No. 1281)

State Law reference— Service dogs, etc., Civil Code §§ 54.1, 54.2.

(a) The Animal Care Officer shall impound animals which:

(1) Are found "at large."

(2) Are found in need of custodial services and care.

(3) Are found in a condition or situation which constitutes a hazard to the public health, safety and welfare.

(4) Are found without license tags.

(5) Are vicious.

(6) Are a public nuisance as defined hereinafter.

(7) Are designated for impoundment by the Health Officer.

(b) Upon written notice of the Health Officer or his designee, the owner of any warm blooded domestic animal that has bitten or scratched a person within the previous ten days shall quarantine said animal as directed by the Health Officer. At the discretion of the Health Officer, such quarantine shall require the owner to do one of the following:

(1) Confine the animal to the owner's premises.

(2) Surrender the animal to the Animal Care Officer for impoundment.

(3) Surrender the animal to a licensed veterinarian as designated or as approved by the Health Officer.

(4) Domesticated animals suspected of biting a human being will be placed in quarantine for a period of no more than ten calendar days (excluding the day of the bite) from the day the alleged bite occurred regardless of when the animal was actually placed into quarantine.

If a domesticated animal was exposed to a wild animal suspected of being infected with rabies, that animal may be placed in quarantine for a period of time consistent with State guidelines.

(5) If an animal is quarantined on the premises of the owner, the Health Officer or his designee may post a quarantine sign on the premises, and it shall be unlawful for any person to remove the sign during the term of the quarantine. In conjunction with the Animal Care Officer, it shall be the duty of the Health Officer to determine if a quarantined animal is suffering from a disease that is communicable to humans. If a licensed veterinarian designated or approved by the Health Officer determines that an animal is diseased, and the disease is dangerous to humans or to other animals, he may direct the Animal Care Officer, in writing to destroy the animal. A copy of such written notice shall also be served upon the owner of the animal.

(6) If the owner does not claim the animal within 72 hours after quarantine is completed, including payment of specified charges and fees, the animal may be sold, adopted or humanely destroyed by the Animal Care Officer.

(7) Whenever an owner observes or learns that an animal shows symptoms of rabies, or acts in a manner that would raise a reasonable suspicion that an animal has rabies, the owner of the animal shall immediately notify the Health Officer. The Health Officer shall make or cause to be made an examination to determine if the animal is rabid. The animal shall be held in isolation in a shelter, veterinary hospital or other facility designated by the Health Officer, or it may be destroyed or released as directed by the Health Officer.

(8) It shall be the duty and responsibility of any person within the boundaries of Yuba County who witnesses or otherwise becomes aware of any animal biting a human within the County to report the incident to the Health Officer or Animal Care Officer.

Should the Sheriff or Animal Care Officer obtain information that an animal is diseased or has bitten any human, or learns of any case of rabies or other animal disease dangerous to humans or animals in the County, such officials shall report this information to the Health Officer.

(9) Any animal taken into custody by the Animal Care Officer where through reasonable diligence the owner cannot be ascertained, or the owner has not provided or will not provide adequate care and treatment and which by age, injury disease, would be dangerous to keep impounded, or to prevent undue suffering of the animal, shall be destroyed in a humane manner.

(10) Every person taking up any animal under the provisions of this Chapter or finding any lost, stray, or stolen animal shall notify the Animal Care Officer within 24 hours thereof. When such animals are delivered to the Animal Care Officer no fee shall be charged or held by the Animal Care Officer and the animal shall be disposed of in the same manner as those impounded by the Animal Care Officer. Animals that have not been redeemed or claimed by their owners within the prescribed time, may be returned to the person who surrendered the animal provided that such person obtains a current license where necessary and pays any other applicable charges. Any person holding a dog or cat for 30 days or more is presumed to be the owner.

(Prior Code, § 8.05.150; Ord. No. 1281)

Within 24 hours after impounding any animal, which is legally licensed and wearing its tag, or other identification tag, or brand, or if the owner is known, the Animal Care Officer shall mail or deliver a written notice to the last known mailing address of the last known owner or keeper of the animal. This notification shall advise the owner or keeper that the animal has been impounded, the date of impoundment, and the location of the animal, unless such notice was posted on the owner's property when the animal was impounded.

(Prior Code, § 8.05.160; Ord. No. 1281)

The Animal Care Officer shall keep records on each animal in the order they are impounded. These records must include the following information:

(1) A full description of the animal;

(2) The date and time the animal was seized;

(3) The location where the animal was seized;

(4) The date of disposition of the animal;

(5) The disposition of the animal;

(6) The name of the owner, if known;

(7) The manner in which the owner, if known, was notified of the impounding, and the date the notice was sent;

(8) Any fees, charges due or proceeds of sale received on the account of the animal;

(9) Any other information the Animal Care Officer deems appropriate as it relates to the animal.

(Prior Code, § 8.05.170; Ord. No. 1281)

Except as provided in Section 8.05.190 of this Chapter, animals that are impounded will be kept as follows:

(1) a.

The required holding period for a stray dog shall be six business days, not including the day of impoundment, except as follows:

1. If the animal shelter has made the dog available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.

2. If the animal shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.

3. Stray dogs shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period.

b. A stray dog that is impounded shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The animal shelter may enter into cooperative agreements with any animal rescue or adoption organization. In addition to any required spay or neuter deposit, the shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.

c. During the holding period and prior to the adoption or euthanasia of the dog, the animal shelter shall scan the dog for a microchip that identifies the owner of that dog and shall make reasonable efforts to contact the owner and notify him or her that his or her dog is impounded and is available for redemption.

(2) Any impounded livestock shall be kept for a minimum of five days unless redeemed within such period. If the animal is unclaimed after the required holding period, the State of California Brand Inspector shall be notified. Stray cattle shall be released to the Brand Inspector for disposition. Other animals shall be disposed of as provided in Section 8.05.200 of this Chapter.

(3) The required holding period for stray cats shall be six business days, not including the day of impoundment, except as follows:

a. If the animal shelter has made the cat available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.

b. If the animal shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.

c. Except as otherwise provided, stray cats shall be held for owner redemption during the first three days of the holding period, excluding the day of impoundment, and shall be made available for owner redemption or adoption for the remainder of the holding period. It is the responsibility of the Animal Care Officer to check all impounded cats for identification of ownership, including scanning for microchips and shall make reasonable efforts to contact the owner and notify him that his cat is impounded and is available for redemption.

d. Prior to any stray cat being killed for any reason other than irremediable suffering, the cat shall be released to a nonprofit animal rescue or adoption organization if requested by the organization.

(4) Food and Agricultural Code § 31752.5 defines a "feral cat" for purposes of holding periods and disposition.

a. It is the responsibility of the Animal Care Officer to determine if any impounded stray cat is a domesticated cat or a feral cat. This determination shall be made using a standardized protocol.

b. The Animal Care Officer will use the criteria established in Food and Agricultural Code § 31752.5 to make this determination. The person making this determination must be qualified to verify the temperament of the animal to verify if the animal is feral or tame.

c. If the Animal Care Officer determines the cat is domesticated, the cat shall be kept as prescribed in Section 8.05.180(c)(1) of this Chapter.

d. If the Animal Care Officer determines the cat is feral, and has not been reclaimed by its owner or caretaker within the first three days of the required holding period, the cat may be euthanized or relinquished to an appropriate nonprofit group or adoption organization, as defined by Section 501(c)(3) of the Internal Revenue Code.

(5) Pursuant to Food and Agricultural Code § 31754(a), the holding periods for relinquished animals is as follows:

a. Pursuant to Food and Agricultural Code § 17006, animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.

b. Pursuant to Food and Agricultural Code § 31754, except as provided in of the Food and Agricultural Code § 17006, any animal relinquished by the purported owner that is a species impounded by pounds or shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Food and Agricultural Code § 31108 and Food and Agricultural Code § 31755 and the period for owner redemption or adoption shall be the entire holding period.

(6) Notwithstanding Subsection (5), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption.

(Prior Code § 8.05.180; Ord. No. 1281)

State Law reference— Similar provisions, Food and Agricultural Code §§ 31008, 32752, 32764; estrays, Food and Agricultural Code § 17001 et seq.

Except for animals described in Section 8.05.210 of this Chapter, and animals quarantined for incidents involving biting or scratching of humans, impounded animals may be retrieved by their owners prior to the expiration of the designated time periods following payment of all due license fees, outstanding penalty fees, and the costs of impounding.

(1) All dogs and cats, four months of age or older, retrieved from impoundment, or adopted by residents, within the jurisdiction of Yuba County Animal Care shall be vaccinated against rabies. All dogs four months of age or older shall be licensed before release.

(2) Dogs and cats, four months of age or older, that do not reside within the jurisdiction of Yuba County Animal Care shall be vaccinated against rabies. The cost of the rabies vaccination shall be included in the fees for retrieval or adoption. The owner must provide verification that any dog retrieved by its owner, who reside in another jurisdiction, is currently licensed in that jurisdiction.

(Prior Code, § 8.05.190; Ord. No. 1281)

Except for animals described in Section 8.05.210 of this Chapter, and animals held for quarantine, any animal not retrieved by the owner within the designated time period prescribed by this Chapter, or by other legal authority, shall be sold, destroyed or otherwise disposed of.

(Prior Code, § 8.05.200; Ord. No. 1281)

(a) Animals that habitually make noises, including barking, sounds or cries, so as to disturb the peace and tranquility of a neighborhood, or found to be habitually stray, are hereby declared to be a public nuisance and may be abated as such.

(b) It is unlawful for any person who owns, has care of, or custody of any animal to permit such animal by sound or cry to disturb the peace, quiet and comfort of any neighborhood, or to interfere with any person in the reasonable and comfortable enjoyment of life.

(c) Livestock and poultry on land zoned as Exclusive Agricultural Zone (AAE) or Agricultural/Rural Residential Zone (AA/RR) are exempted from declaration as a public nuisance in accordance to this Chapter.

(d) In order to declare an animal a "public nuisance," the Animal Care Officer must receive a minimum of three complaints from adult residents within a 12-month period. These residents must reside in three separate households and be directly affected by the excessive noise or the stray animal.

(e) As defined in this Chapter, the term "habitually" means an act occurring three times in a 12-month period.

(f) If an animal is seized and impounded pursuant to this Section, the Animal Care Officer shall notify the owner by mail to the last known address as found in the records of the Animal Care Officer, of the intention to destroy said animal. This notice shall inform the owner the animal will be destroyed after the completion of the mandatory holding plus five days for mailing of the notice. This notice shall further inform the owner that he has an opportunity to be heard as to why the animal should not be destroyed.

(g) Upon receipt of such notice, an owner may demand an informal hearing before the supervising Animal Care Officer, or his designee, within three business days of receipt of such notice. The owner may present his contentions and reasons as to why the animal should not be destroyed.

(h) Any animal impounded in which criminal charges are pending shall be kept impounded at the expense of the owner pending direction from the District Attorney or the Court.

(i) In the event an owner does not demand a hearing as prescribed in Subsection (g), the animal shall be deemed abandoned and disposed of in accordance with Section 8.05.200 of this Chapter.

(j) The owner of an animal deemed to be a public nuisance in accordance with this Section may appeal the decision made by the Animal Care Officer to the Board of Supervisors. Such an appeal shall be in writing, addressed to the Clerk of the Board of Supervisors, and a copy sent to the Animal Care Officer. This written appeal shall set forth the appellants' contentions and arguments and shall be accompanied by the payment of a fee for processing the appeal in the sum established in Section 13.00.060. This appeal shall be personally submitted or postmarked within three working days of the decision of the Animal Care Officer.

(k) While the appeal is pending, the animal shall be maintained in the custody of the Animal Care Officer at the owner's expense. If the Clerk of the Board of Supervisors does not receive a copy of the appeal within the prescribed time period, the animal shall be disposed of pursuant to Section 8.05.200 of this Chapter.

(l) Upon receipt of the written appeal, the Clerk of the Board of Supervisors shall set the matter for a hearing before the Board no later than two weeks thereafter, and shall promptly notify all interested parties in writing of the time and place of the hearing.

(m) After hearing testimony of all persons at the hearing, the Board of Supervisors may order the animal destroyed or released, or may, for good cause, make any other consistent with the purposes of this Chapter. The decision of the Board of Supervisors shall be final.

(n) The Animal Care Officer shall hold said animal not returned to its owner, a minimum of 24 hours after the decision by the Board of Supervisors to allow the owner the opportunity to file a petition with the Court.

(o) If the Board of Supervisors order the animal released from impoundment, the owner may retrieve the animal upon payment of all fees owned and the actual cost for impoundment. The Board of Supervisors may modify the fees or cost of impoundment of their discretion.

(Prior Code, § 8.05.210; Ord. No. 1281)

In accordance with Food and Agricultural Code § 31602, a "potentially dangerous dog" is defined as any of the following:

(1) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog; or

(2) Any dog which, when unprovoked, bites a person causing a less than "severe" injury' than as defined in Food and Agricultural Code § 31604; or

(3) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property or keeper of the dog.

(Prior Code, § 8.05.220)

In accordance with Food and Agricultural Code § 31603, a "vicious dog' is defined as any of the following:

(1) Any dog seized under Penal Code § 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code § 597.5(a); or

(2) Any dog which, when unprovoked, in an aggressive manner, inflicts a "severe injury' on or kills a human being. A "severe injury" is defined in Food and Agricultural Code § 31604; or

(3) Any dog previously determined to be and currently listed as a "potentially dangerous" dog which, after its owner or keeper has been notified of this determination, continues the behavior described as "potentially dangerous", or is maintained in violation of Food and Agricultural Code § 31641, 31642 or 31643.

(Prior Code, § 8.05.230; Ord. No. 1281)

(a) If the Animal Care Officer or a law enforcement officer has investigated and determined there exists probable cause to believe a dog is "potentially dangerous" or "vicious", they shall petition the Superior Court within the judicial district wherein the dog is owned or kept for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. This judicial process shall be in compliance with the Food and Agricultural Code.

(b) The disposition of any dog formally declared as potentially dangerous or vicious shall be in compliance with Food and Agricultural Code § 31621.

(Prior Code, § 8.05.240; Ord. No. 1281)

(a) The Animal Care Officer shall assist the California Department of Transportation in the removal and disposal of dead animals found in or on State highways within the jurisdiction of Yuba County Animal Care.

(b) The Animal Care Officer shall assist the California Department of Fish and Game in the removal and disposal of wild animal carcasses from the public highways, streets, alleys, or other publicly owned property located within the jurisdiction of the Yuba County Animal Care.

(c) The Animal Care Officer shall remove and dispose of dead animals found in or on any County highway, street, alley or other publicly owned place or premises, or on the order of the Health Officer from any private property located within the jurisdiction of Yuba County Animal Care.

(d) The cost of removal shall be borne by the owner of the animal or the owner of the property on which the animal is found.

(Prior Code, § 8.05.250; Ord. No. 1281)

It is unlawful for any person to resist or interfere with the Animal Care Officer or the Health Officer while in the discharge of official duties. Violation of this Section is a misdemeanor.

(Prior Code, § 8.05.260; Ord. No. 1281)

It is unlawful for any person to fail or refuse to show to any person authorized to enforce this Chapter the license certificate and/or license tag for any duly licensed dog owned or in the custody, control of possession of such person. Violation of this Section is an infraction.

(Prior Code, § 8.05.270; Ord. No. 1281)

It is unlawful for any person to harbor, control or have custody of any dog within the jurisdiction of Yuba County Animal Care unless it has been licensed and vaccinated pursuant to the provisions of this Chapter or the law of the State of California. Violation of this Section is an infraction.

(Prior Code, § 8.05.280; Ord. No. 1281)

It is unlawful for any owner or person having custody or control of any animal to allow that animal to needlessly suffer. Violation of this Section is a misdemeanor.

(Prior Code, § 8.05.290; Ord. No. 1281)

It is unlawful for any person to harbor a vicious animal. Violation of this Section is a misdemeanor.

(Prior Code, § 8.05.300; Ord. No. 1281)

(a) No person owning or having control of any animal, livestock or poultry shall permit such animal to stray or run at large upon any public street, other public place, any enclosed private lot belonging to another or any unenclosed private place in Yuba County with the exception of livestock on an open range.

(b) Whenever any animal, other than a working animal, is off the property of its owner or caretaker it must either:

(1) Be under the control and in the immediate presence of the owner or caretaker; or

(2) If the animal is a dog it must be restrained by a leash not to exceed eight feet in length or be under the control of the owner or caretaker.

(c) If a female dog is in "heat" (season), it will be confined in an enclosed area in such a manner that the female dog cannot come in contact with another dog except for planned breeding.

(d) No person shall bring or allow any animal into a County owned or leased public building (other than the County Animal Shelter), with the exception of a guide dog, signal dog, or service dog as such terms are defined in Civil Code § 54.1, especially trained for the purpose. This Section does not apply to any animal used by law enforcement agencies of the County, State or Federal Government while in the performance of their official duties.

(e) Any person may take up and deliver to the Animal Care Officer any animal found at large on public property or upon that person's private property. The Animal Care Officer shall hold and dispose of the animal in the same manner as though the animal had been found at large and impounded by the Animal Care Officer.

(f) A violation of this Section is an infraction.

(Prior Code, § 8.05.310; Ord. No. 1281)

State Law reference— Service dogs, etc., Civil Code §§ 54.1, 54.2.

It is unlawful for any person having custody or control of animal to allow, permit or cause the animal to utter any frequent or continuous noise of an irritating, harsh, loud, or raucous nature that disturbs the peace and quiet of any person. Violation of this Section is an infraction.

(Prior Code, § 8.05.320; Ord. No. 1281; Ord. No. 1550)

(a) Definition.

Barking dog means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for ten minutes or more in any one hour period, or intermittent barking for ten minutes or more during any one hour period. A dog shall not be deemed a "barking dog" for purpose of this section if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is teased or provoked by someone other than the owner.

(b) Applicability.

(1) This section is applicable in the unincorporated areas of Yuba County.

(2) This section makes any violation of keeping, maintaining, or permitting a barking dog an infraction subject to a fine.

(3) This section establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog violations pursuant to Government Code § 53069.4 and the County's plenary police power.

(4) The issuance of an infraction citation under this section is solely at the County's discretion and is one option the County has to address barking dog violations. By adopting this section, the County does not intend to limit its discretion to utilize any other remedy, civil or criminal, including public nuisance remedies.

(5) The purpose of this section is to encourage voluntary and complete compliance with the provisions of this section and to eliminate nuisances for the protection and benefit of the entire community.

(6) This section does not apply to dogs that are assisting the owner or responsible person in charge of livestock or ranch operations in the herding or guarding of such livestock or ranch operations.

(c) Barking dog complaint procedure.

(1) A barking dog complaint is initiated by a complaint filed online or by mail on the forms provided by Animal Care Services.

a. Upon filing of an initial complaint, an Animal Care Services officer will make a personal visit with the dog owner or responsible person to offer information about a dog violation and infraction fine and to provide educational materials and information on dog training courses and trainers.

b. From the day of the visit, the dog owner or responsible person is allowed ten days to remedy the barking violation.

(2) If after ten days from the day of the visit the barking violation continues, the original complainant must file a second complaint by mail on forms provided by the department.

a. Upon second complaint, the original complainant must sign a sworn affidavit, under penalty of perjury, that the dog barking is violating the county ordinance.

b. An Animal Care Services officer will then make a second visit with the dog owner or responsible person and may issue an infraction citation for the barking dog violation.

(d) Barking dog citation—General.

(1) Any Animal Care Services officer has the authority to issue an infraction citation to any responsible person for a barking dog violation that the Animal Care Services officer did not see or hear occur but is based on a complaint, signed under penalty of perjury by the persons who have been disturbed by the barking dog.

a. A responsible person to whom an infraction citation is issued shall be liable for and shall pay to the County the fine or fines described in the barking dog citation when due.

b. Where the responsible person is a minor under the age of 18 years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation fines and/or late penalties.

c. In any case, the responsible person (by his/her parents when the responsible person is under the age of 18) shall have the right to contest the infraction citation in court.

(2) Each day a barking dog violation exists beyond the initial ten calendar day period allowed for correction, shall be a separate violation and be subject to a separate citation and fine. A barking dog civil citation may include a violation for one or more days on which a violation exists, and for violation of one or more code sections.

(e) Barking dog citation—Contents. Each barking dog citation shall contain the following information:

(1) Dates on which the complaints established the barking dog violation(s).

(2) Name of the responsible person for the barking dog violation(s) (if known).

(3) Address where the barking dog violation(s) occurred.

(4) The code section(s) violated.

(5) Whether the violation(s) were established by complainants.

(6) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty.

(7) Designation of prior citations issued for the same code violation(s), if known by the Animal Care Services officer.

(8) Notification of the procedure for requesting a hearing where the infraction may be contested, including the date by which such request must be made.

(9) A notice that a barking dog violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines and penalties.

(10) Signature of the Animal Care Services officer who issued the barking dog infraction fine.

(11) Date upon which the barking dog infraction fine was issued.

(12) Proof of service to be completed by the Animal Care Services officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog violation occurred.

(13) A self-addressed envelope in which the violator can mail the infraction fine to the department if the citation is not contested.

(14) Any other information deemed necessary by the department for enforcement or collection purposes.

(f) Service of barking dog citation. A barking dog citation may be served as follows:

(1) An Animal Care Services officer may personally serve the barking dog citation on the responsible person. The responsible person shall be requested to sign a copy of the citation showing his or her receipt of the citation and notice of the responsible person's right to a court trial. Signing the citation shall not constitute an admission of guilt. A refusal to sign does not invalidate service of the citation.

(2) An Animal Care Services officer may mail the infraction citation by certified mail, return receipt requested, if the property owner and/or occupier's name is known but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog violation occurred.

(3) An Animal Care Services officer may post a copy of the barking dog citation in a conspicuous place on the property where the barking dog violation occurred if the property owner and/or occupier's name is unknown. In this event, the citation shall also be mailed by certified mail, return receipt requested to the owner of the property where the barking dog violation occurred as reflected on the County's property tax rolls. A copy of the citation shall also be mailed within twenty-four (24) hours of posting the citation addressed to "Resident" at the address where the barking dog violation occurred.

(g) Amount of barking dog civil fines. Violations of this section shall be an infraction. Fines for violating the provisions of this section shall be progressively increased based on the number of violations occurring within the same twelve-month period as follows:

Barking dog infraction fines:

First violation .....$100.00

Second violation in 12 months .....200.00

Third and each subsequent violation in 12 months .....500.00

(h) Payment of barking dog infraction fines.

(1) After receiving a barking dog violation citation, a violator may respond by either of the following methods:

a. The violator may choose to correct the barking dog violation and pay the barking dog citation fine without contesting the fine in court. In that event, payment of the citation fine must be made to the Yuba County Superior Court prior to the date contained in the citation by which the responsible party must request a court trial to contest the fine.

b. A violator may choose to request court trial by the date contained in the citation. In that event, the fine is due and payable to the court at the conclusion of the trial if the judge upholds the barking dog citation.

1. The judge may allow the violator an additional period of time in which to pay the fine if the judge finds that such additional time for payment is necessary.

(2) Fines for barking dog violations must be received by the court within 15 days of the date they are due as specified in subparagraph (1)a. or (1)b. above.

(3) The issuance of a barking dog citation and/or payment of a fine shall not bar the county from taking any other enforcement action regarding a barking dog violation that is not corrected, including issuing additional barking dog citations and/or criminal complaints.

(Ord. No. 1549)

It is unlawful for the owner or person having custody or control of any animal to permit the animal to trespass upon any private property without the consent of the owner. The owner or keeper of any trespassing animal shall be responsible for actual damage done by the animal. Violation of this Section is an infraction.

(Prior Code, § 8.05.330; Ord. No. 1281)

It is unlawful for any owner or person having control or custody of any animal to permit or allow such animal to go without food, water, care and attention, or to permit the accumulation of animal excreta on property under the owner or keeper's control, as to constitute a health hazard or other wise be a public nuisance. Violation of this Section is an infraction.

(Prior Code, § 8.05.340; Ord. No. 1281)

State Law reference— Cruelty to animals, Penal Code § 597 et seq.

It is unlawful for any person to dispose of any dead animal on any public highway, street, alley or any other public place. Violation of this Section is an infraction.

(Prior Code, § 8.05.350; Ord. No. 1281)

It is unlawful for any person to refuse to comply with directions or orders of the Health Officer or Animal Care Officer to quarantine and confine an animal for a period of ten days. Furthermore, it is unlawful for any person to fail, refuse, or neglect to allow the Health Officer or Animal Care Officer, or their deputies, to inspect or examine a quarantined animal at any reasonable time during the quarantine period. Violation of this Section is a misdemeanor.

(Prior Code, § 8.05.360; Ord. No. 1281)

It is unlawful for any person to maintain or harbor any animal in conflict with the Yuba County Zoning Ordinances. Violation of this Section is an infraction.

(Prior Code, § 8.05.370; Ord. No. 1281)

Any unclaimed or abandoned domestic animal which in the opinion of the Animal Care Officer is usually valued at $100.00 or more shall be advertised and sold in accordance with the following procedures:

(1) After holding the animal for five days the Animal Care Officer shall post a notice of sale at the Animal Shelter and at the Courthouse. This notice shall describe the animal(s) and specify a date, time and place of auction sale or for the delivery of sealed bids. Notice of sale of animal(s) to be sold under sealed bid shall also be published in a newspaper of general circulation published in the County. No auction sale or sale by sealed bid can be held until ten days have elapsed with the animal(s) being held in impoundment by the Animal Care Officer.

(2) The Animal Care Officer shall sell such an animal to the highest bidder for cash. However, the selling price shall not be for less than the accumulated cost and fees incurred as a result of impounding the animal.

(3) Notwithstanding any of the above, no animal shall be sold for experimental purposes.

(4) Any animal pending sale pursuant to this Section may be claimed and redeemed by its owner at any time prior to the time of the sale. The return of the animal to its owner shall be predicated on payment of all accumulated costs and fees, including reimbursement of actual expenses incurred for advertising the sale.

(5) Any proceeds of the sale in excess of the costs incurred by the County in the capture, transportation, care and sale of the animal, plus an amount equal to ten percent of such costs, shall be placed in a trust in the County Treasury for 90 days. Notice of excess proceeds and the right to file a claim for the excess proceeds shall be given to the owner of the animal and to the taker-up, if any. At the end of the 90-day period, the County Council and the Animal Care Officer shall review all claims filed, and shall distribute said proceeds in the following order of priority:

a. Any individual, partnership, corporation or association with a perfected security interest in the animal as required by the California Commercial Code.

b. Any taker-up for any reasonable costs incurred in such action.

c. The owner of the animal.

(6) At the end of the 90-day holding period, if no one files a claim for the proceeds of a sale the unclaimed money will be placed in the Animal Care Budget.

(Prior Code, § 8.05.380; Ord. No. 1281)

State Law reference— Sale of estrays, Food and Agricultural Code § 17065.

(a) All livestock shall be kept behind a fence that is good, strong, substantial and sufficient to prevent their ingress and egress. No wire fence meets the standards of this Section unless it has a minimum three, tightly stretched barbed wires. The wires will be fastened to posts of reasonable strength, firmly set in the ground, and not more than one rod apart. One of the wires must be at least four feet above the surface of the ground. Any other fence of height, strength, and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this Chapter. The term "fence" includes cattle guards of such width, depth, railing space and construction so as to effectively turn livestock.

(b) It shall be the responsibility of the property owner, lessee, or caretaker to maintain or install fencing that will prevent the ingress and egress of livestock housed, corralled or grazed on the property.

(c) If the responsible person, or persons, refuse or neglect to bring their fencing up to standards described in this Section within ten working days of written notice by the Animal Care Officer, or fail to file a written appeal to the Board of Supervisors, the Animal Care Officer may impound the animal(s). The livestock will thereafter be disposed of as provided in this Chapter.

(d) A violation of this Section is an infraction.

(Prior Code, § 8.05.390; Ord. No. 1281)

State Law reference— Lawful fences, Food and Agricultural Code § 17121.

(a) Food and Agriculture Code §§ 30503, 30520 and 31751.3 prohibits an animal shelter to sell or give away any dog or cat to a new owner unless it has been spayed or neutered.

(b) If a licensed veterinarian certifies a dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay the animal shelter a deposit not less than $40.00 and not more than $75.00 in accordance to the Food and Agriculture Code.

(c) Such a deposit is temporary, and shall only be retained until the dog or cat is healthy enough to be spayed or neutered as certified by a licensed veterinarian.

(d) The dog or cat shall be spayed or neutered within 14 business days of the veterinarian's certification. If the adopter or purchaser provides written proof to the Animal Care Officer of the spaying or neutering within 30 business days of obtaining such proof, the deposit shall be refunded in full.

(e) Pursuant to Food and Agricultural Code §§ 30523, 31763, any person who fails to have a dog or cat spayed or neutered as required is subject to a civil penalty.

(Prior Code, § 8.05.400; Ord. No. 1281)

(a) Specified sections of this Chapter have been designated as misdemeanors. Any person convicted of a misdemeanor in this Chapter is punishable by imprisonment in the County Jail for a term not to exceed six months, or a fine not to exceed $1,000.00, or both for each separate offense.

(b) Any section not specifically designated as a misdemeanor shall be designated as an infraction. Any person convicted of an infraction in this Chapter is punishable as follows:

(1) First offense - A fine of $100.00 per animal per incident;

(2) Second offense within one year - A fine of $200.00 per animal per incident;

(3) Third and subsequent offense within one year - A fine of $500.00 per animal per incident.

(c) This Chapter shall be enforced in accordance with the procedures set forth in Penal Code § 853.6.

(Prior Code, § 8.05.410; Ord. No. 1281)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.