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The California Food and Agriculture Code establishes some animal control regulations that apply Statewide and authorizes a county to adopt its own comprehensive regulations to control animals within its jurisdiction. This chapter establishes animal control regulations in the unincorporated area of the County related to dog licensing, rabies vaccinations, treatment and isolation of diseased animals, impoundment of strays, guard dogs, potentially dangerous dogs, cats and other animals. The purpose of this chapter is to supplement State law, to protect the health and safety of the public and animals in the unincorporated area of the County.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10612 (N.S.), effective 7-4-19; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The following definitions shall apply to this chapter:
(a) "Altered" means an animal that has been spayed or neutered.
(b) "Abate" means to take action to remove a nuisance and may include confining, isolating or destroying an animal.
(c) "At large" means:
(1) Being on private property without the permission of the owner or person who has the right to possess or use the property.
(2) Being unrestrained by a leash on private property open to the public or on public property, unless a law or regulation expressly allows an animal to be unrestrained on the property. If a leash is not being held in the hand of a person capable of controlling the animal or a person is not actually controlling an animal attached to the leash, the animal is "at large."
(3) In a place or manner which presents a substantial risk of imminent interference with animal or public health, safety or welfare.
(d) "Attack" means an action by an animal which places a person in reasonable apprehension that the animal will cause the person immediate bodily harm.
(e) "Attack dog" has the same meaning as the term "attack dog" in Health and Safety Code section 121881.
(f) "Bite" means an action by an animal with its teeth or mouth that breaks the skin of a human or animal and does not require the presence of teeth marks.
(g) "Business day" means any day that County animal shelter facilities are open to the public.
(h) "Cat" means an animal of the genus and species Felis domesticus.
(i) "County animal shelter" means a facility the County operates to temporarily house animals that are relinquished by their owners, found at large, impounded or otherwise come into County custody.
(j) "Curb" means to restrain or control an animal so that it urinates or defecates only in the street gutters.
(k) "Custodian" means a person not the owner of an animal who has been entrusted by the owner or the owner's agent to care for and maintain an animal until it is returned to the owner.
(l) "Dangerous dog" means a dog that has attacked, bitten or in some other manner injured a person engaged in lawful activity: (1) two or more times in a 48-month period or (2) one or more times resulting in death or substantial injury.
(m) "Declared dangerous dog" means a dog: (1) that the Department has declared a dangerous dog after affording the dog's owner or custodian the right to a hearing, (2) that a dog's owner has stipulated is a dangerous dog or (3) that another jurisdiction has declared to be a dangerous or vicious dog.
(n) "Department" means the County Department of Animal Services, its agents or deputies.
(o) Director means the Director of the County Department of Animal Services and anyone the Director hires or appoints to administer or enforce this chapter.
(p) "Dispose of" means to make arrangements for an animal and includes euthanasia.
(q) "Dog" means an animal of the genus and species Canis familiaris or any other member of the Canis genus if a person owns, keeps or harbors the animal.
(r) "Dog license" means a certificate the County or other authorized agency issues indicating that a dog has been registered with animal control authorities.
(s) "Guard dog" has the same meaning as the term "guard dog" in Health and Safety Code section 121881 and includes a "sentry dog" defined in Health and Safety Code section 121880.
(t) "Guard dog operator" means the owner of an attack, guard or sentry dog, or other person, that operates or maintains a business to sell, rent, or train an attack, guard or sentry dog.
(u) "Guard dog premises" means a place where a guard dog operator keeps or maintains an attack, guard or sentry dog.
(v) "Health Officer" means the County Public Health Officer and any person hired or appointed by the Public Health Officer to implement or enforce the duties of the Public Health Officer.
(w) "Impound" or "impoundment" means an action by the Department to take possession of an animal.
(x) "Kennel" means a facility, whether or not operated for profit, that keeps or maintains seven or more dogs at least four months old. It includes a facility owned or operated by an animal welfare agency, but does not include an animal shelter operated or established by the Department or a veterinary hospital operated by a veterinarian licensed by the State. A kennel also includes a facility with the requisite seven dogs that also keeps or maintains other animals. As used in this definition a "facility" means any combination of adjacent buildings, structures, enclosures or lots under common ownership or operated as one unit, to keep or maintain dogs.
(y) "Kennel house" means a protected space or enclosure in a kennel in which an animal is assigned to sleep, rest or be segregated from other animals.
(z) "Kennel operator" means a person who owns, controls or operates a kennel or who participates in the control or operation of a kennel.
(aa) "Leash" means any rope, leather strap, chain or other material six feet or less in length, intended to be held in the hand of a person for the purpose of controlling an animal to which it is attached.
(bb) "License tag" means the official tag the County or other authorized agency issues to a dog owner or custodian signifying the dog has been registered with that agency.
(cc) "Neutered" means a male animal whose testicles have been surgically removed.
(dd) "Owner" means a person, other than a custodian, who owns, keeps or harbors an animal or a person who takes possession of an animal after claiming to be the owner.
(ee) "Potentially dangerous animal" means any of the following:
(1) An animal of a species or type likely to cause injury to a person.
(2) An animal, other than a declared dangerous dog, which has within the prior 48-month period attacked, bitten or otherwise caused injury to a person engaged in lawful activity.
(ff) "Primary enclosure" means a structure in a kennel, other than a kennel house, used to restrict an animal to a limited amount of space, such as a room, pen, run, fenced area, cage or compartment.
(gg) "Rabies certificate" means the certificate a licensed veterinarian, the County or other authorized agency issues verifying that an animal has been vaccinated against rabies.
(hh) "Stray" means an animal which is "at large."
(ii) "Spayed" means a female animal whose ovaries and uterus have been surgically removed.
(jj) "Substantial injury" means a substantial impairment of a person's physical condition which requires professional medical treatment, including loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of a bodily member or organ, a muscle tear, a disfiguring laceration, a wound requiring multiple sutures or an injury that requires surgery to restore the person to the condition the person was in before the incident that resulted in the injury.
(kk) "Veterinarian" means a person currently licensed to practice veterinary medicine in the United States.
(ll) "Vicious dog" has the same meaning as the term "vicious dog" in Food and Agriculture Code section 31603.
(mm) "Wild animal" means any animal of the classes of animals listed in Fish and Game Code section 2116 et seq. and supplemented by 14 CCR sections 671 et seq., which are not normally domesticated or not allowed in the State of California.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 9528 (N.S.), effective 2-27-03; amended by Ord. No. 10036, effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Cross reference(s)--Definitions, § 12.101 et seq.
(a) Fees shall be charged and collected by the Department for dog licensing and for other animal control services and enforcement, as provided in the fee schedule in section 364.8 of the Code of Administrative Ordinances. Such fees shall be collected by County personnel or deputized personnel and deposited in the County treasury.
The owner of any animal which is lawfully impounded shall pay all fees and expenses related to such impoundment including, but not limited to, impound, board, vaccination, examination, and any medical treatment fees for the animal, whether or not the animal is claimed.
(b) Fees shall be paid when due unless the Director, in accordance with Department policy, authorizes a payment arrangement or waives such fees in full or in part.
Specified fees may be deferred subject to the conditions of the Department policy, if the owner claims an economic hardship or the lack of ability to pay the fees when due, provides satisfactory evidence of personal identification, and agrees to pay the fees within a thirty (30) day period.
An owner claiming an economic hardship in paying the fees may submit an application for waiver on forms provided by the Department. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. Upon submittal of the completed forms, the fees may be waived if no disqualifying conditions, as set forth in the Department policy, exist. The Department may also waive fees if necessary in order to accomplish the protection of animal or public health, safety or welfare or if the owner provides satisfactory evidence that he/she was not at fault for the violation or incident which led to the Department action and that such action was not justified.
(Added by Ord. No. 10612 (N.S.), effective 7-4-19; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The owner or custodian of a dog shall have the dog vaccinated against rabies by a licensed veterinarian, with a rabies vaccine approved by the California Department of Health Services for use in dogs, within 30 days after the dog becomes four months of age or within 30 days after obtaining or bringing a dog four months of age or older into the unincorporated area of the County. A dog owner or custodian shall also have the dog receive subsequent vaccinations at the intervals the California Department of Health Services requires.
(b) The owner or custodian shall retain the rabies certificate for inspection and produce the certificate when requested by: (1) any person who enforces this chapter, (2) any person bitten by the dog or (3) any law enforcement officer. No person who possesses a rabies certificate shall refuse to produce the certificate when it is requested pursuant to this section.
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)
(a) A veterinarian who vaccinates a dog for rabies shall certify the vaccination by properly completing the "license application - rabies certificate form" the County issues or another rabies vaccination form the County approves. In order to be complete, the vaccination certificate shall contain all the following:
(1) The dog owner's first and last name, street address and mailing address, if different, and telephone number.
(2) The dog's name and description, including breed, color, sex and if known, day, month and year of birth.
(3) The type, lot number, and manufacturer of the rabies vaccine.
(4) The date of vaccination.
(5) The signature, or an authorized signature, of the veterinarian administering the vaccine.
(b) A veterinarian who vaccinates a dog for rabies shall forward to the Department a copy of each completed form at least once a month.
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Notwithstanding any other provision of this chapter, the owner or custodian of a dog shall not be required to have the dog vaccinated for rabies during an illness if a licensed veterinarian has examined the dog and certifies in writing that vaccination should be postponed because of a specified illness. A dog's old age, weakness or pregnancy is not considered a valid reason to excuse a dog from receiving a rabies vaccination. An exemption certificate is subject to the Department's approval and shall only be valid for the duration of a dog's illness. An exemption from vaccination does not exempt a dog owner or custodian from the requirement to obtain a license for a dog.
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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