ORDINANCE NO.
AN ORDINANCE OF THE COUNTY OF
REGULATING THE KEEPING AND CONTROL OF DOGS AND CATS AND PROVIDING FOR THE
CONTROL AND SUPPRESSION OF RABIES
The Board of Supervisors of the County of Ordains as follows:
Section 1. DEFINITIONS. Whenever, in this ordinance or in any resolution or
standard adopted by the Board of Supervisors pursuant to this ordinance, the following
terms are used, they shall have the meaning ascribed to them in this Section 1, unless it is
apparent from the context thereof that some other meaning is intended.
a. Animal Rescuer. Any individual who routinely obtains a dog or cat from
the rightful owner of said animal, or any animal from an animal shelter that has been
retained in accordance with this ordinance.
b. At large. Any dog which is off the premises of its owner, custodian or
caretaker and which is not under physical restraint by a leash of a size and material
appropriate to the size and temperament of the dog and which is held by a person capable
of restraining such dog, or is not otherwise physically restrained by some other device or
instrumentality, except that such device or instrumentality shall not include voice control,
eye control or signal control of the dog by any person, device or instrumentality.
c. Cattery. Any building, structure, enclosure or premises whereupon, or
within which, ten (10) or more cats, four (4) months of age or older, are kept or
maintained.
d. Chief Animal Control Officer. The Chief Animal Control Officer of the
County of or his duly authorized representative.
e. Class I kennel. Any building, structure, enclosure or premises whereupon,
or within which, five (5) to ten (10) dogs, four (4) months of age or older, are kept or
maintained.
f. Class II kennel. Any building, structure, enclosure or premises whereupon,
or within which, eleven (11) or more dogs, four (4) months of age or older, are kept or
maintained.
g. Community. Any public entity which is authorized by law to regulate and
control dogs or cats or both.
h. Guide dog. Any dog trained or being reared, trained or used for the
purpose of guiding a blind person.
i. Health Officer. The Health Officer of the County of or his duly
authorized representative.
j. Impounded. Having been received into the custody of any animal control
center, animal control officer, animal control vehicle or peace officer duly authorized by
the County of to receive such animal.
k. Person. Any individual, firm, partnership, joint venture, corporation,
association, club or organization.
l. Public entity. Any state, or any political subdivision, municipal
corporation or agency thereof.
m. Sentry dog. Any dog trained to work without supervision in a fenced
facility and to deter or detain unauthorized persons found within the facility. The term
"guard dog" shall also mean "sentry dog".
n. Service dog. Any dog being reared, trained or used for the purpose of
fulfilling the particular requirements of a physically disabled person, including but not
limited to minimal protection work, rescue work, pulling a wheelchair or fetching
dropped items.
o. Signal dog. Any dog trained or being reared, trained or used for the
purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds.
p. Unlicensed dog. Any dog for which no valid license is currently in force.
q. Unaltered and Unspayed. A condition that exists in an animal which
permits the producing of offspring. A dog or cat that has not been spayed or neutered.
r. Vaccination. An inoculation against rabies of any dog or cat, four (4)
months of age or older, with any vaccine prescribed for the purpose by the
Department of Health Services.
s. Veterinarian. A person holding a currently valid license to practice
veterinary medicine issued by the State of pursuant to Chapter of the Business
and Professions Code.
t. Vicious dog/vicious cat. Any dog or cat which has bitten a person or
animal without provocation or direction or which has a disposition or propensity to attack
or bite any person or animal without provocation or direction.
Section 2. MANDATORY DOG LICENSING AND VACCINATION.
a. Except as provided in Section 4, subsection (a) of this ordinance, it shall
be unlawful for any person to own, harbor or keep any dog, four (4) months of age or
older, within the unincorporated area of the County of , for a period longer than thirty
(30) days, unless a currently valid license tag has been issued by the Health Officer or
any agency authorized by the County of for such purpose.
b. It shall be unlawful for any person to own, harbor or keep any dog, four
(4) months of age or older, within the unincorporated area of the County of , for a
period longer than thirty (30) days, which has not been vaccinated against rabies. Every
person in the unincorporated area of the County of who owns, harbors or keeps any
dog over four (4) months of age for a period longer than thirty (30) days shall have such
dog vaccinated against rabies as provided herein, by a veterinarian of his choice and such
vaccination shall be renewed in accordance with the applicable laws and regulations of
the State of .
c. Each veterinarian after vaccinating any dog shall sign a certificate of
vaccination in duplicate in the form required by the Health Officer. The veterinarian shall
keep one (1) copy, shall give one (1) copy to the owner of the vaccinated dog and shall
send one (1) copy to County Animal Control.
d. The Health Officer shall issue a license only upon presentation of a
certificate of vaccination indicating therein that the date of expiration of the vaccination
immunity is not earlier than the date of expiration of the license being issued or renewed,
and upon payment of the applicable license fee specified in Section 2, subsection (f) of
this ordinance; provided, however, that where the vaccinated dog is between the ages of
four (4) months and twelve (12) months, the period of vaccination immunity required for
licensing shall be as specified in Title , Code, Section .
e. Notwithstanding the provisions of Section 2, subsections (b) and (d) of
this ordinance, in the event a dog has a short-term illness, is pregnant, or suffers from a
long-term debilitating illness which in the opinion of a veterinarian contraindicates
vaccination for rabies, such dog shall not be required to undergo vaccination during the
period of such illness or pregnancy where a request for vaccination deferral has been
approved by the Health Officer. Such request shall specify the duration of the requested
deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The
Health Officer shall issue a license for such dog upon approval of the request for
vaccination deferral and payment for the applicable license fee specified in Section 2,
subsection (f) of this ordinance. The owner or person having custody of such dog shall
confine and shall keep such dog confined, for the duration of the deferral. Within
fourteen (14) days after the expiration of the deferral, the owner or person having custody
of such dog shall present to the Health Officer a certificate of vaccination in accordance
with the provisions of Section 2, subsection (d) of this ordinance.
f. Subject to the provisions of Section 2 of this ordinance, licenses shall be
issued upon payment of the following fees:
1. License valid for one (1) year from date of issuance, for each sterile dog,
accompanied by a certificate signed by a veterinarian that said dog is permanently unable
to reproduce $ .
2. License valid for one (1) year from date of issuance, for each dog to which
the provisions of Section 2, subsections (f) (1) and (7) of this ordinance are not applicable
$ .
3. License valid for two (2) years from date of issuance, for each sterile dog,
accompanied by a certificate signed by a veterinarian that said dog is permanently unable
to reproduce $ .
4. License valid for two (2) years from date of issuance, for each dog to
which the provisions of Section 2, subsections (f) (3) and (8) of this ordinance are not
applicable $ .
5. License valid for three (3) years from date of issuance, for each sterile
dog, accompanied by a certificate signed by a veterinarian that said dog is permanently
unable to reproduce $ .
6. License valid for three (3) years from date of issuance, for each dog to
which the provisions of Section 2, subsections (f) (5) and (9) are not applicable $ .
7. License valid for one (1) year from date of issuance, for each sterile dog,
which is owned by a person sixty (60) years of age or older, and is accompanied by a
certificate signed by a veterinarian that said dog is permanently unable to reproduce $ .
8. License valid for two (2) years from the date of issuance, for each sterile
dog, which is owned by a person sixty (60) years of age or older, and is accompanied by
a certificate signed by a veterinarian that said dog is permanently unable to reproduce $ .
9. License valid for three (3) years from the date of issuance, for each sterile
dog, which is owned by a person sixty (60) years of age or older, and is accompanied by
a certificate signed by a veterinarian that said dog is permanently unable to reproduce $ .
g. No fee shall be required for a license for any guide dog, signal dog or
service dog, if such dog is in the possession and under the control of, in the case of a
guide dog, a blind person, or in the case of a signal dog, a deaf or hearing-impaired
person, or in the case of a service dog, a physically disabled person, or where such dog is
in the possession and under the control of a bona fide organization having as its primary
purpose the furnishing and training of guide dogs for the blind, signal dogs for the deaf or
hearing-impaired, or service dogs for the physically disabled. h. No fee shall be required for a license for any dog owned by a public entity.
i. Each license specified in Section 2 of this ordinance shall be valid for the
period specified in Section 2 and shall be renewed within thirty (30) days after such
period terminates, except that where the current vaccination for the dog which is the
subject of the license shall expire prior to the expiration date of the license being applied
for, the Health Officer may upon request of the owner or custodian of such dog, backdate
such license so that its expiration date occurs concurrent with or prior to the expiration
date of the vaccination; provided, however, that where such backdating is performed,
there shall be no reduction or discount of the license fee applicable to the license applied
for, and such license shall be renewed within thirty (30) days after the date of its
expiration.
j. If an application for a license is made more than thirty (30) days after the
date a dog license is required under this ordinance, the applicant shall pay, in addition to
the applicable license fee, a late fee of dollars ($ ). A late fee for an altered dog
owned by a senior citizen is established at $ .
k. Whenever a dog validly licensed under this ordinance shall have died
more than three (3) months before the expiration date of the license, the owner of such
dog may return the license tag to the Health Officer, accompanied by a statement signed
by a veterinarian or a declaration signed under penalty of perjury by the owner, indicating
that such dog is dead and specifying the date of death. In such event, the license shall be
cancelled and a pro-rata credit of the license fee by full calendar quarters of the original
license period remaining after the death of the dog may be applied during said remaining
period to the license fee for another dog acquired by the same owner.
l. Upon transfer of ownership of any dog validly licensed under this
ordinance, the new owner shall notify the Health Officer of such transfer within thirty
(30) days of such transfer, on a form prescribed by the Health Officer, accompanied by a
transfer fee of dollars ($ ).
m. Notwithstanding the provisions of Section 2, subsection (a) of this
ordinance, where a person moves into the unincorporated area of the County of from
another community who owns a dog which is currently vaccinated against rabies and for
which dog a license was issued by such other community, such license shall be deemed
valid for a period of one (1) year from the date such person moves into the
unincorporated area of the County of or the date of expiration of the license issued by
such other community, whichever is earlier. If an application for a license from the
Health Officer is made more than thirty (30) days after such license is required, the
applicant shall pay, in addition to the applicable license fee, a late fee of dollars ($ ).
n. If a valid license tag is lost or destroyed, a duplicate thereof may be
procured from the Health Officer upon submission to the Health Officer of a statement
signed by the owner of the dog containing the date and circumstances of such loss or
destruction and the payment of a fee of dollars ($ ).
o. Upon request of the Health Officer, any owner of a dog for which a
license is required under the provisions of this ordinance shall present to the Health
Officer a currently valid certificate of rabies vaccination or license tag.
p. It shall be unlawful for any person to make use of a stolen, counterfeit or
unauthorized license, tag, certificate or any other document or thing for the purpose of
evading the provisions of this ordinance.
Section 3. CONTROL OF UNSPAYED AND UNALTERED CATS. It shall
be unlawful for any person who owns, harbors, or keeps any unspayed or unaltered cat
four (4) months of age or older within the unincorporated area of County to allow or
permit such unspayed or unaltered cat to be or remain outdoors in such unincorporated
areas.
Section 3.1. OPTIONAL LICENSING FOR CATS. An owner of a cat may be
issued a license and tag for such cat upon presentation to the Health Officer of a
certificate of vaccination signed by a veterinarian certifying that such a cat has been
vaccinated, and upon the payment of a license fee of dollars ($ ). Said license shall
be valid for the period of immunity indicated in the certificate of vaccination.
Section 4. MANDATORY LICENSING OF KENNELS AND CATTERIES.
a. No person shall operate or maintain a kennel or a cattery as those terms
are defined in Section 1, subsections (c), (e) and (f) of this ordinance without first
obtaining an appropriate license therefore from the Health Officer. Such license shall be
valid for a period of either one (1) or two (2) years from the date of issuance, except that
the Health Officer may, in his discretion, limit the duration of the license to one (1) year
when he deems such limitation to be appropriate. Said license shall be renewed within
thirty (30) days after the date of expiration. Where a kennel license has been issued and is
in effect, the dogs contained in such kennel shall be exempt from the requirements of
individual license tags as provided in Section 2, subsection (a) of this ordinance. The
kennel license fees, and late fees if an application for a license is made more than thirty
(30) days after the date such license is required, shall be as follows:
(1) Class I Kennel license, one (1) year $
(2) Class I Kennel license, two (2) years $
(3) Class II Kennel license, one (1) year $
(4) Class II Kennel License, two (2) years $
(5) Cattery license, one (1) year. $
(6) Cattery license, two (2) years $
(7) Late fee percent ( %) of the applicable one (1) year license fee
b. Application for a kennel or cattery license shall be filed with the Health
Officer on a form prescribed by him not later than ten (10) days after obtaining written
verification from the County Planning Department that the operation of the kennel or
cattery is in compliance with the applicable provisions of County Ordinance No. .
Said application form, when completed, shall contain such information as may
reasonably be required by the Health Officer for the purposes of enforcement of this
ordinance, including but not limited to the current home telephone number of the
caretaker of the subject kennel or cattery and another current telephone number for
emergency use or messages when such caretaker is absent from the subject kennel or
cattery. Where a kennel or cattery is sought to be operated upon leased or rented
premises, a letter of consent from the owner of the premises to the effect that the kennel
or cattery may be maintained and operated on such premises shall be submitted to the
Health Officer at the time the application for the kennel or cattery license is submitted.
c. After receipt of a kennel or cattery license application, the Health Officer
shall make an inspection of the premises of the kennel or cattery for which a license is
requested. No kennel or cattery license shall be issued nor shall any such license be
renewed, unless and until the kennel or cattery, in the opinion of the Health Officer,
satisfies the applicable laws and regulations of the State of , the applicable ordinances
of the County of and the applicable conditions set forth in the Standards for Kennels
and Catteries adopted by resolution of the Board of Supervisors. Notwithstanding any
other provision of this ordinance, the Health Officer or the County Planning Director
may, in their respective discretion, limit the numbers of dogs or cats over the age of four
(4) months which are kept or maintained in any kennel or cattery, and such limitation
may be imposed at such time as an application for an initial kennel or cattery license is
considered or at such time as an application for renewal of a kennel or cattery license is
considered.
d. Notwithstanding any other provision of this ordinance, the Health Officer
is hereby authorized to enter upon and inspect the premises of any kennel or cattery
located in the County of for the purpose of determining whether such kennel or
cattery is in compliance with the provisions of this ordinance and the Standards for
Kennels and Catteries referred to in Section 4, subsection (c) of this ordinance. As a
condition of the issuance of a kennel or cattery license, each owner and operator of a
kennel or cattery shall agree to allow such entry and inspection and such agreement shall
be made a part of the license application. Such inspections shall be made during
reasonable hours at times when the owner or operator of the kennel or cattery is present
on the kennel or cattery premises, and with such frequency as the Health Officer shall
deem appropriate, and such inspections may, at the discretion of the Health Officer, be
made without prior notice to the owner or operator of the subject kennel or cattery.
Willful refusal on the part of a kennel or cattery owner or operator to allow such
inspection shall be grounds for summary denial of an application for a kennel or cattery
license or for summary suspension or revocation of a kennel or cattery license. e. A nonprofit corporation formed pursuant to the provisions of the Code
commencing with Section , for the prevention of cruelty to animals, shall not be
required to pay a fee for the licenses required by Section 4, Subsection (a) of this
ordinance; provided, however, that all other provisions of Section 2, subsection (b) and
Section 4 of this ordinance shall be applicable to any such nonprofit corporation.
f. Notwithstanding the provisions of Section 4, subsection (c) and Section 5,
subsection (a) of this ordinance, a kennel or cattery which is in operation on the effective
date of this ordinance and for which on such date there is in effect a current and
otherwise valid license issued prior to such date pursuant to the provisions of County
Ordinance No. , shall, for a period of twenty (20) years from the effective date of this
ordinance, be required to comply only with those requirements for licensure and
operation other than license fees as were required for such kennel or cattery under
County Ordinance No. ; provided, however, that where there occurs a transfer of
ownership of such kennel or cattery five (5) years or more after the effective date of this
ordinance, such kennel or cattery shall, upon such transfer of ownership, be required to
comply with the requirements for licensure and operation specified in this ordinance. The
license fees for a kennel or cattery described in the first (1st) sentence of this Section 4,
subsection (f) during the period such kennel or cattery is permitted, pursuant to this
Section 4, subsection (f), to operate under the requirements of County Ordinance No.
shall be as follows:
(1) For a kennel for which a current and otherwise valid non-
commercial or commercial kennel license is in effect on and was issued by the
Health Officer prior to the effective date of this ordinance, the license fee shall be
the same fee as is provided in this ordinance for a kennel having the same number
of dogs, and no individual licenses shall be issued for such dogs.
(2) For a cattery for which a current and otherwise valid commercial
cattery license is in effect on and was issued by the Health Officer prior to the
effective date of this ordinance, the license fee shall be the same fee as is provided
in this ordinance for a cattery.
Section 4.1. ANIMAL RESCUER.
A. Any person engaged in the rescue of animals, shall first obtain a rescue
permit from County Animal Control and shall meet all requirements for a kennel/cattery
license.
B. The fee for a kennel/cattery permit as a rescue facility shall be as follows:
1. $ for up to six dogs on a parcel .5 acre to 1 acre. $ late fee.
2. % of the applicable kennel license permit fee in those cases where a class I or II kennel permit is otherwise required.
C. An animal rescuer may keep a maximum of four (4) personal (not for
adoption or sale) dogs and nine (9) personal (not for adoption or sale) cats and must
include these animals as "personal pets" on the animal rescue permit application. In those
cases where the person occupies from .5 acre to 1 acre up to 6 dogs may be kept on the
premises.
D. Personal dogs (not for adoption or sale) shall be individually licensed in
accordance with this ordinance.
E. A permitted rescuer obtaining animals from a shelter facility pursuant to
Section , subsection ( ) of Ordinance No. shall not be subject to the payment of
impound fees and charges specified in Section , subsection ( ), but shall be subject
to the spay/neuter deposit specified in Section , subsection ( ) of the ordinance.
F. All rescued dogs and rescued cats older than four (4) months must be
spayed/neutered prior to releasing to an adopting party. In any event the animal must be
altered within 30 days of receipt by the rescuer.
G. Accurate and complete records of all animals shall be maintained by the
animal rescuer on forms which will be made available to County Animal Control for
inspection upon request.
H. An animal rescuer may recoup, from the adopting party, the cost of any
inoculations, the cost incurred by having the animal altered prior to adoption, and any
costs related to the treatment of illness or injury.
I. Administration of the animal rescue program shall be the responsibility of
the Chief Animal Control Officer who shall have the authority to issue and revoke animal
rescue permits.
Section 5. DENIAL, SUSPENSION AND REVOCATION OF KENNEL OR
CATTERY LICENSE.
a. The Health Officer may, in his discretion, deny any application for a
kennel or cattery license whether such application is for an original license or renewal of
a license, and may suspend or revoke any kennel or cattery license if he finds that a
kennel or cattery fails to meet any or all of the Standards for Kennels and Catteries
referred to in Section 4, subsection (c) of this ordinance or is in violation of any law of
the State of or any provision of this ordinance.
b. When such denial, suspension or revocation occurs, the Health Officer
shall prepare a written notice of such denial, suspension or revocation which shall contain
a brief statement of the reason or reasons for such denial, suspension or revocation. The
Health Officer shall serve such notice upon the applicant or licensee by hand-delivery or
by registered or certified mail, postage prepaid, return receipt requested. Denial,
suspension or revocation shall be effective thirty (30) days after service of such notice.
Where an application for a kennel or cattery license is denied or where a kennel or cattery
license issued pursuant to this ordinance is revoked, no application for a new license for
such kennel or cattery shall be considered for a period of one (1) year from the effective
date of such denial or revocation; provided, however, that for good cause shown the
Board of Supervisors may direct that there be a lesser period of time before such
application will be considered.
c. Any person whose application has been denied or whose license has been
suspended or revoked, may appeal such denial, suspension or revocation by filing with
the Clerk of the Board of Supervisors within fifteen (15) days after notice of such denial,
suspension or revocation, a written notice of appeal briefly setting forth the reasons why
the appellant alleges such denial, suspension or revocation is improper. Within five (5)
days of the receipt by the said Clerk of such notice of appeal, the Clerk shall set a hearing
date for the appeal and shall give written notice of the date, time and place of such
hearing to the appellant, and such notice shall be sent by registered or certified mail,
postage prepaid, return receipt requested. The date of hearing shall be not less than
twenty (20) days from the date of mailing of the notice of the date, time and place of the
hearing, and the hearing shall be conducted not later than forty-five (45) days from the
date of mailing of the notice of denial, suspension or revocation; provided, however, that
at the request of the appellant, the Clerk of the Board may extend the hearing date for a
reasonable period beyond the aforementioned forty-five (45) day limit. The appeal shall
be heard by the Board of Supervisors which may affirm, modify, or reverse the denial,
suspension or revocation. In conducting the hearing, the Board of Supervisors shall not
be limited by the technical rules relating to evidence and witnesses, as applicable in
courts of law. To be admissible, evidence shall be of the type upon which responsible
persons are accustomed to rely in the conduct of serious affairs. During the pendency of
the appeal, there shall be in effect an automatic stay of the denial, suspension or
revocation; provided, however, that during said period of pendency the Health Officer
may take such action as he deems appropriate under this ordinance or any other provision
of law respecting the subject kennel or cattery, including but not limited to the abatement
of public nuisances, inspection of the kennel or cattery premises, or the prosection of any
violation of this ordinance or any other provision of law not related to the failure of the
subject kennel or cattery to be currently and otherwise validly licensed.
Section 6. DUTIES AND POWERS OF OFFICERS. It shall be the duty of
all peace officers, including constables and marshals within the County of , to
cooperate with and assist the Health Officer and the Chief Animal Control Officer in the
enforcement of the provisions of this ordinance, and such peace officers and the Chief
Animal Control Officer shall be empowered to:
a. Receive, take up and impound: (1) Any dog found running at large in violation of this ordinance or of
any law of the State of ;
(2) Any dog which, without provocation or direction, is molesting any
person; and
(3) Any dog which, without provocation or direction, is molesting or
harassing animals, birds, or pets upon the premises of any person.
b. Regularly and adequately feed, water and otherwise care for all dogs and
cats impounded under the provisions of this ordinance, or to provide for such feeding,
watering and care.
c. Investigate the condition and behavior of any dog or cat which he has
reason to believe is vicious or dangerous and if he finds such dog or cat to be vicious or
dangerous in its habits, he shall report his findings in writing, either by hand-delivery or
by mail, to the owner of such dog or cat if the name and whereabouts of said owners are
known, and if unknown, then the dog or cat shall be impounded.
d. Follow the provisions of the County Ordinance No. in humanely
destroying or giving emergency care to sick or injured dogs and cats.
Section 7. ENTRY UPON PRIVATE PROPERTY. Unless otherwise
prohibited by law, all persons whose duty it is to enforce the provisions of this ordinance
are hereby empowered to enter upon private property, where any dog or cat is kept or
reasonably believed to be kept, for the purpose of ascertaining whether such dog or cat is
kept in violation of any provision of this ordinance. Notwithstanding any provision in this
ordinance relating to entry upon private property for any purpose under this ordinance, no
such entry may be conducted: (a) without the express or implied consent of the property
owner or the person having lawful possession thereof, or (b) unless an inspection warrant
has been issued and the entry is conducted in accordance with Code of Civil
Procedure, Sections through , inclusive, or (c) except as may otherwise be
expressly or impliedly permitted by law.
Section 8. DOGS RUNNING AT LARGE. In the interest of public health and
safety, it shall be lawful for any person to take up, in a humane manner, any dog running
at large in violation of this ordinance and promptly to deliver such dog to the Chief
Animal Control Officer.
Section 9. IMPOUNDED DOGS AND CATS.
a. An impounded dog or cat may be redeemed upon payment of the
following fees:
(1) For the first impoundment within a twelve (12) month period$ plus $ for each day of impoundment
(2) For the second impoundment within a twelve (12) month period $ plus $ for each day of impoundment
(3) For the third or subsequent impoundment within a twelve (12) month period $ plus $ for each day of impoundment
(4) Notwithstanding any other provisions of this ordinance, where a sterile dog or sterile cat belonging to a person sixty (60) years of
age or older is impounded and the owner produces a certificate,
signed by a veterinarian that such animal is permanently unable to
reproduce, the base impoundment fee for such animal shall be fifty
percent (50%) of the applicable impoundment fee specified in this
ordinance plus $ for each day of impoundment.
b. The fee for destruction and disposal of any dog or cat in accordance with
any provision of this ordinance, shall be dollars ($ ).
c. Any dog, four (4) months of age or older, which has been impounded shall
not be released from impoundment unless it is licensed in accordance with the provisions
of this ordinance.
d. Any officer acting under the provisions of this ordinance and impounding
a licensed dog pursuant to Section 6, subsections (a) (1), (2) or (3) of this ordinance or a
licensed cat, shall give written notice by first class mail, postage prepaid, to the last
known address of the owner, of the impounding of such dog or cat. If such dog or cat is
not redeemed within ten (10) days from the date of the mailing of such notice, the officer
having custody of the dog or cat shall dispose of it in accordance with the provisions of
Section 9, subsection (g) of this ordinance, or shall destroy such dog or cat.
e. Upon impounding an unlicensed dog pursuant to Section 6, subsections (a)
(1), (2) or (3) of this ordinance or an unlicensed cat, the officer shall give notice to the
owner, if the owner and his whereabouts are known, of the impounding of such dog or
cat. If such dog or cat has not been redeemed within five (5) days of the giving of such
notice, the officer shall dispose of such dog or cat in accordance with the provisions of
Section 9, subsection (g) of this ordinance, or shall destroy such dog or cat. For the
purpose of this subsection (e), the notice specified herein shall be given in the manner
determined by the officer as expedient under the circumstances.
f. The officer having custody of any impounded dog or cat may, by humane
methods, summarily destroy such dog or cat if:
1. The dog or cat is suffering from any incurable, dangerous or
contagious disease, providing a veterinarian shall certify, in writing, that such dog
or cat is so suffering; or,
2. It is an unlicensed vicious dog or cat.
g. Any officer having in his custody any unredeemed, impounded dog or cat
may release such dog or cat to any adult individual upon payment by that individual of
the impound fees and charges specified in Section 9, subsection (a) of this ordinance and
the spay/neuter deposit fee specified in Section 10, subsection (a) of this ordinance, or to
a nonprofit corporation formed under the provisions of the Corporations Code
commencing with Section for the prevention of cruelty to animals or to a nonprofit
organization formed under the laws of the State of for the prevention of cruelty to
animals, for such sale or placement as such nonprofit corporation or nonprofit
organization may choose. Releases of dogs or cats to such nonprofit corporations or
nonprofit organizations pursuant to this Section 9, subsection (g) shall not be subject to
the payment of the impound fees and charges specified in Section 9, subsection (a) of this
ordinance, but shall be subject to the spay/neuter deposit specified in Section 10,
subsection (a) of this ordinance.
h. It shall be unlawful for any person to remove an impounded animal from
an animal control center without the permission of the officer in charge thereof.
Section 10. SPAY/NEUTER DEPOSITS FOR DOGS AND CATS.
a. No person shall be permitted to adopt or purchase any dog or cat which
has not been spayed or neutered, from any public pound, any animal shelter, society or
organization, unless and until a deposit in the amount of twenty dollars ($20.00) per
animal has been paid by the adopting person or purchaser to the pound, shelter, society or
organization from which the subject dog or cat is being adopted or purchased, with the
exception that when a female dog or her puppies are adopted or purchased by one (1)
person, only a single such deposit shall be required.
b. Upon the presentation to the Health Officer of a written statement or
receipt from a veterinarian that such adopted or purchased dog or cat has been spayed or
neutered, fifteen dollars ($15.00) of such deposit as is specified in Section 10, subsection
(a) of this ordinance shall be refunded to the person who paid the deposit.
c. Notwithstanding the provisions of Section 10, subsection (b) of this
ordinance, any dog or cat over six (6) months of age at the time it is adopted or
purchased, shall be spayed or neutered within sixty (60) days of the date of adoption or
purchase or the deposit provided in Section 10, subsection (a) of this ordinance shall be
deemed unclaimed and nonrefundable.
d. Notwithstanding the provisions of Section 10, subsection (b) of this
ordinance, any dog or cat under the age of six (6) months at the time it is adopted or
purchased, shall be spayed or neutered within six (6) months or the deposit provided in
Section 10, subsection (a) of this ordinance shall be deemed unclaimed and
nonrefundable. Section 11. VICIOUS DOGS AND CATS, AND STRAY AND BARKING
DOGS.
a. It shall be unlawful for the owner or person in charge of any vicious dog
or vicious cat to fail, neglect, or refuse to keep posted in a conspicuous place at or near
the entrance to the premises on or within which such dog or cat is kept, a sign having
letters at least two (2) inches in width and two (2) inches in height and reading "Beware
of Vicious Dog" or "Beware of Vicious Cat", as may be appropriate. No vicious dog or
vicious cat shall be permitted to leave the premises of the owner or person in charge
thereof unless such dog or cat is under the immediate control and physical restraint of
such owner or person and in the case of a vicious dog, such dog shall be muzzled.
b. If it shall be determined by the Health Officer that a dog or cat is a vicious
dog or cat but is not afflicted with rabies, the Health Officer shall thereupon order the
person who owns or has custody of such dog or cat that until further order of the Health
Officer, the owner or custodian of such dog or cat shall keep the dog or cat securely
fastened by chain, or securely confined within private property, or shall keep the dog or
cat in such manner as the Health Officer shall direct to prevent such dog or cat from
biting or having the opportunity to bite any person. Failure to comply with any order of
the Health Officer made pursuant to this subsection (b), on the part of the owner or
person having custody of the dog or cat which is the subject of such order, shall
constitute a violation of this ordinance.
c. It shall be unlawful for the owner or person in charge of any dog, whether
licensed or unlicensed, to permit such dog to run at large.
d. It shall be unlawful for any person to keep or allow to be kept, or suffer or
permit any dog to remain upon the premises under the control of such person, when such
dog habitually barks, whines or makes loud or unusual noises in such a manner as to
disturb the peace and quiet of the neighbors surrounding or in the vicinity of such
premises, or whose barking or howling or other sound or cry interferes with any person of
ordinary sensitivity in the reasonable and comfortable enjoyment of life and property.
e. It shall be unlawful for any person to set or maintain an operating trap for
a cat unless a sign is posted on the property stating that such a trap is in use on the
property. The sign shall be clearly visible from the road serving the property on which the
trap is set or maintained and shall remain posted and visible at all times while the trap is
in use. Trapping shall not continue for more than ten (10) days in a thirty (30) day period.
This section shall not apply when the trap is being used for rabies control as
determined in writing by the County Health Department.
Section 12. RABIES SUPPRESSION, CONTROL AND QUARANTINE.
a. If it shall appear to the Health Officer that any animal has rabies, the
Health Officer may destroy such animal forthwith, or may hold such animal for further
examination or observation for such time as the Health Officer may determine to be
appropriate.
b. Whenever any animal has been bitten by an animal which has rabies,
which exhibits any symptoms of rabies or which is otherwise suspected of having or
having been exposed to rabies, the owner or person having custody of such bitten animal
shall immediately notify the Health Officer, and shall immediately confine the animal
and maintain that confinement until it is established to the satisfaction of the Health
Officer that such animal does not have rabies. The Health Officer shall have the power to
quarantine any such animal, or impound it at the owner's expense if the owner or person
having custody of such animal shall fail, refuse, or is unable, in the opinion of the Health
Officer, to adequately confine such animal immediately, or in the event the owner or
person having custody of such animal is not readily accessible.
c. Whenever it is shown that any animal has bitten any person, the owner or
person having custody of such animal shall, upon the order of the Health Officer,
quarantine such animal and keep it confined at the owner's expense for a minimum period
of ten (10) days for dogs and cats and fourteen (14) days for all other animals, and shall
allow the Health Officer to make an inspection or examination of such animal at any time
during such period of quarantine. Animals quarantined pursuant to this subsection (c)
shall not be removed from the premises upon which such animal is quarantined without
permission of the Health Officer. The Health Officer is hereby authorized to impound any
animal at the owner's expense in the event the owner or person having custody of such
animal fails or refuses to so confine such animal. Animals quarantined pursuant to this
subsection (c) shall remain under quarantine until notice is given by the Health Officer
that such quarantine is terminated.
d. The Health Officer may, in his discretion, post or cause to be posted an
appropriate sign on any premises where an animal is quarantined pursuant to this
ordinance, for the purpose of warning the public of the fact of such quarantine. It shall be
unlawful for any person to remove a sign posted pursuant to this subsection (d) without
the permission of the Health Officer.
e. Whenever the Health Officer shall determine that an epidemic of rabies
exists or is threatened, the Health Officer shall have the authority to take such measures
as may be reasonably necessary to prevent the spread of the disease, including but not
limited to the declaration of quarantine against any or all animals in any area of the
County of as the Health Officer may determine and define, for a period of not more
than one hundred and twenty (120) days. An additional or extended quarantine period
may also be declared if such additional or extended quarantine period shall be deemed
necessary by the Health Officer for the protection and preservation of the public
health, peace and safety. Any quarantine declared pursuant to this subsection (e), other
than as restricted herein, shall be upon such conditions as the Health Officer may
determine and declare. f. No person shall bring a dog into an unincorporated area of the County of
from any city located in the County of in which a reported case of rabies exists or has
existed within the past six (6) months, nor shall any person bring a dog into the
unincorporated area of the County of from any county, city, state or country in which
a reported case of rabies exists or has existed within the preceding six (6) months.
g. In order to protect the public health from the hazard of rabies which has
been found to exist in skunks, a quarantine is hereby imposed to continue until released
by the Health Officer, whereby it is prohibited to trap or capture skunks for pets; to trap,
capture, or hold skunks in captivity for any reason; to transport skunks from or into the
County of except pursuant to a permit issued by the Department of Health
Services pursuant to Title , Code, Section .
Section 13. PLACEMENT REQUIREMENTS.
A. Any person who within the unincorporated area of County, or any
business entity or other organization located in or doing business in the unincorporated
area of County which,
(a) advertises or offers in any manner, puppies or dogs for (i) sale, or
(ii) trade, or
(iii) barter, or
(iv) to be given away for free,
(b) must display in such advertisements the following information: (i) the license number and name of the licensing agency of each of the
mother animals any of whose offspring are so offered (in the case of puppies
under four months of age), and/or
(ii) the license number and name of licensing agency of each of the
dogs (in the case of animals four months or more of age), and/or
(iii) the kennel and or rescue permit number and name of the permitting
agency of the owner of each of the mother animals any of whose offspring are so
offered (in the case of puppies under four months of age), and/or
(iv) the kennel permit and/or rescue number and name of the permitting
agency of the owner of each of the dogs so offered (in the case of animals four
months or more of age).
B. This section shall not apply to public animal shelters or nonprofit humane
societies which are in compliance with Food and Agricultural Code sections 30503 and
31751, nor shall it apply to persons who relinquish animals to such shelters or societies.
C. A violation of this section shall be punishable as follows: (a) For a first violation, the owner shall be subject to a $50 fine.
(i) This fine may be waived and the citation dismissed if within 30
days after receiving the citation the party has had the mother animal spayed and
has provided proof of the spaying to County Animal Control.
(b) For a second violation, the owner shall be subject to a $100 fine.
(i) $50 of the fine may be waived if within 30 days after receiving the
citation the party has had the mother animal spayed and has provided proof of the
spaying to County Animal Control.
(c) For any subsequent violation, the owner shall be subject to a $200
fine.
(i) $50 of this fine may be waived if within 30 days after receiving the
citation the party has had the mother animal spayed and has provided proof of the
spaying to County Animal Control.
D. Violators are subject to citation and are to be furnished with a list of low
cost or no-cost spay and neuter resources.
E. It shall be unlawful for any person to make use of a stolen, counterfeit or
unauthorized license, tag, certificate or any other document or thing for the purpose of
evading the provisions of this section.
F. Fifty percent of all fees collected pursuant to this section may be used for
the general costs of County Animal Control. The remaining fifty percent of all such fees
shall be placed in a separate fund to be used exclusively for low-cost spay and neuter
services and education related to the benefits of spaying and neutering.
Section 13.1 PROHIBITION OF SALES OR THE GIVING AWAY OF DOGS
AND CATS ON PUBLIC PROPERTY.
No person shall in the unincorporated area of County offer for sale or sell or
give away or transfer for adoption any cat, kitten, dog or puppy on any public street,
public sidewalk or public park.
Section 13.2 OPTIONAL ANIMAL EMERGENCY ASSISTANCE PROGRAM.
A. Owners of animals may make application with County Animal Control
Services for enrollment in the Optional Animal Emergency Assistance Program. Upon
approval of the application and submittal of the annual fee for administrative costs,
record keeping, and expense of a sign, the Department shall issue the applicant a sign
which the owner is encouraged to display on his/her property in a location that is visible
from the road serving the property. The sign will list the telephone number that should be
called to notify Animal Control Services of an emergency situation on or near the
property which may put the animals in peril. On notification of such an emergency,
Animal Control Services will make every reasonable effort to respond and assist in the
emergency. County and/or Animal Control Services does not assume liability for any
injury to the animals being rescued or to any property damage that may result from the
rescue effort or in situations where a response is not made in a timely manner or not at all
due to circumstances occurring at the time of the request.
B. Fee schedule:
Annual fee - $25.00: To simplify administration of this program, this fee will
cover costs for a given calendar year. A reminder for renewal will be sent to all
participants at least 45 days prior to the end of the year. The renewal fee must be paid by
the fifteenth of January or the participant will be dropped from the program until such
fees are remitted.
Fee for additional or replacement sign(s) - $10.00 ea.
Section 14. ENFORCEMENT.
a. The Health Officer shall supervise the administration and enforcement of
this ordinance and of the laws of the State of pertaining to the control of dogs and
shall have charge of animal control center employees and facilities.
b. The Board of Supervisors may enter into a written agreement or
agreements with any veterinarian or any organized humane society or association, which
will undertake to carry out the provisions of this ordinance and maintain and operate a
pound, and which will license, take up, impound and dispose of animals. Any such
veterinarian or society or association which shall enter into such an agreement shall carry
out all of the provisions of this ordinance in the manner herein prescribed.
c. It shall be unlawful for any person to interfere with, oppose or resist any
officer or person empowered to enforce the provisions of this ordinance while such
officer or person is engaged in the performance of his duties as provided herein.
d. Nothing in this ordinance shall prevent the Health Officer from acting,
when he deems it appropriate to do so, under the applicable provisions of Code,
Section , et seq.
Section 15. VIOLATION. Any person violating any of the provisions of this
ordinance shall be guilty of an infraction and upon conviction thereof shall be punished
by (1) a fine not exceeding fifty dollars ($50.00) for the first violation; (2) a fine not
exceeding one hundred dollars ($100.00) for the second violation within one (1) year; (3)
a fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation
within (1) year. Each day a violation is committed or permitted to continue shall
constitute a separate offense.
Section 15.1 RECOUPMENT OF ENFORCEMENT COSTS. The intent of
this section is to authorize the recoupment of administrative costs reasonably related to
the enforcement of this Ordinance. In furtherance of this intent the County shall be
entitled to recover costs of enforcement, including costs of staff time, by complying with
the following procedure:
A. Records of Costs. The Department of Environmental Health shall maintain
records of all administrative costs, incurred by the Department and all other responsible
County Departments, in the processing of the violation or violations and the enforcement
of this Ordinance and other applicable Ordinances and may recover such costs from the
violator and/or property owner or property occupier as provided herein.
B. Notice. Upon investigation and determination that a violation of any of the
provisions of this Ordinance or other related County Ordinances is found to exist, the
Department of Environmental Health and/or other County Department(s) shall notify the
violator and/or record owner of the property, or any person having possession or control
of the subject property, by mail of the existence of the violation, of the Department's
intent to charge the violator and/or property owner and/or person having possession or
control of the property for all administrative costs associated with enforcement, and of
the respondent's right to a hearing on objections thereto. The notice shall be in
substantially the following form:
NOTICE
The Department of Environmental Health and/or Department of
____________________________has/have determined that conditions exist at the
property located at_________________________________________
____________________________________ which violate Section(s)
___________________________of the County Ordinance No(s).
___________________________ to wit: ____________________________________________________________________
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Notice is hereby given that at the conclusion of this case you will receive a
summary of administrative costs associated with the processing of such violation(s), at an
hourly rate as established and adjusted from time to time by the Board of Supervisors.
The hourly rate presently in effect is ______________ per hour of staff time.
You will have the right to object to these charges by filing a Request for Hearing
with the Department of Environmental Health within ten (10) days of service of the
Summary of Charges.
C. Summary of Costs. At the conclusion of the case, the Department of
Environmental Health shall send a Summary of Costs associated with enforcement to the
violator and/or owner of the property and/or person having possession or control of the
subject property by certified mail. The Summary shall include a notice in substantially
the following form:
NOTICE
If you object to these charges, you must file a Request for Hearing on the
enclosed Form within ten (10) days of the date of this notice.
IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO
OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE COUNTY OF
FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME
OF THE COUNTY, IN ANY COURT OF COMPETENT JURISDICTION WITHIN
THE COUNTY.
Dated: __________________ ______________________________________ Department of Environmental Health
D. Right to Hearing. Any violator or property owner, or other person having
possession and control of the property, who receives a Summary of Costs under this
section shall have the right to a hearing before the Director of the Department of
Environmental Health or his designee on his objections to the proposed costs in
accordance with the procedures set forth herein.
E. Request for Hearing. A request for hearing shall be filed with the
Department within ten (10) days of the service by mail of the Department's Summary of
Costs, on a form provided by the Department. Within thirty (30) days of the filing of the
request, and on ten (10) days written notice to the violator and/or owner, the Director or
his designee shall hold a hearing on the violator and/or owner's objections, and shall
determine the validity thereof.
F. Recovery of Costs. In the event that (a) no Request for Hearing is timely
filed or (b) after a hearing the Director of the Department of Environmental Health or his
designee affirms the validity of the costs, the violator, the property owner or the person in
control and possession of the property shall be liable to the County in the amount stated
in the Summary of Costs or any lesser amount as determined by the Director or his
designee. These costs shall be recoverable in a civil action in the name of the County, in
any court of competent jurisdiction within the County.
G. Director's Decision. In determining the validity of the costs, the Director
or his designee shall consider whether the total costs as charged have been fairly and
accurately calculated. Factors to be considered include whether the time and personnel
spent in enforcement were reasonably necessary to bring about compliance and whether
the rate charged is the current rate established by the County.
H. Appeal. The decision of the Director or his designee may be appealed by
filing a written Notice of Appeal with the Department within five (5) days after the
decision. The appeal shall be heard by the Board of Supervisors which may affirm,
amend or reverse the decision and may take any other action deemed appropriate. The
Department shall give written notice of the time and the place of the hearing to appellant.
In conducting the hearing, the Board of Supervisors shall not be limited by the technical
rules of evidence.
Section 16. PUBLIC NUISANCE.
a. The possession or maintenance of any dog or cat or the allowing of any
dog or cat to be in violation of this ordinance, in addition to being a violation of this
ordinance, is hereby declared to be a public nuisance. The Health Officer and any
County peace officer are hereby directed and empowered to summarily abate any such
public nuisance independently of any criminal prosecution or the results thereof, by any
means reasonably necessary to accomplish said abatement including but not limited to the
destruction of the dog or cat involved, or by the imposition of specific reasonable
conditions and restrictions for the maintenance of such dog or cat. Failure to comply with
such conditions and restrictions is a misdemeanor. The owner of such dog or cat shall
reimburse the County of for all costs incurred in enforcing compliance with the
provisions of this Section 16. The County of , by and through the Health Officer, may
also commence and maintain such proceedings in a court of competent jurisdiction as are
appropriate under the laws and regulations of the State of for the abatement and
redress of public nuisances.
b. At least ten (10) working days prior to the impoundment or abatement or
both pursuant to Section 16 subsection (a) of this ordinance, the owner or custodian of the
subject dog or cat shall be notified by the Health Officer, in writing, of the right to a
hearing to determine whether grounds exist for such impoundment or abatement or,
where applicable, both. Said notice shall be served by hand-delivery or by registered or
certified mail, postage prepaid, return receipt requested. If the owner or custodian
requests a hearing prior to impoundment or abatement, no impoundment or abatement
shall take place until the conclusion of such hearing, except as provided in Section 16,
subsection (c) of this ordinance.
c. When, in the opinion of the Health Officer, immediate impoundment is
necessary for the preservation of animal or public health, safety or welfare, or if the
subject dog or cat has been impounded under any other provision of this ordinance or any
law or regulation of the State of , the pre-impoundment hearing shall be deemed
waived; provided, however, that the owner or custodian of the subject dog or cat shall be
given notice by the Health Officer, in writing, which would allow five (5) working days
to request an abatement hearing. Service of such notice shall be in accordance with the
service methods specified in Section 16, subsection (b) of this ordinance. Where
requested by such owner or custodian, a hearing shall be held within five (5) days of the
request therefore, and the subject dog or cat shall not be disposed of prior to the
conclusion of the hearing. If, after five (5) working days from the date of service of the
notice specified in this subsection (c) of Section 16 of this ordinance, no request for a
hearing is received from the owner or custodian of the subject dog or cat, such dog or cat
shall be disposed of pursuant to applicable provisions of law.
d. All hearings pursuant to Section 16 of this ordinance shall be conducted
by the Health Officer personally or by a designated employee who shall not have been
directly involved in the subject action. Hearings shall be held not more than ten (10) days
from the date of receipt of the request for the hearing and shall be conducted in an
informal manner consistent with due process of law. A hearing may be continued for a
reasonable period of time if the Health Officer deems such continuance to be necessary
and proper or if the owner or custodian shows good cause for such continuance. Within
ten (10) days after the conclusion of the hearing, the Health Officer shall render, in
writing, his findings, decision and order thereon and shall give notice of said findings,
decision and order to the owner or custodian of the subject dog or cat; service of such
notice shall be in accordance with the service methods specified in Section 16, subsection
(b) of this ordinance.
Section 17. ADJUSTMENTS OF FEES. All of the fees set forth in this
ordinance shall be in effect until the Board of Supervisors shall by ordinance fix some
other fees upon the basis of a cost-analysis as determined by the County Auditor-
Controller or, where applicable, pursuant to a change in the applicable laws and
regulations of the State of , or where applicable, both.
Section 18. SEVERABILITY. If any provision, clause, sentence or paragraph
of this ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or applications of the
provisions of this ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are hereby declared to be
severable. Section 19. Ordinances Nos. , through , inclusive, are hereby
repealed.
