SEC. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATION.

A kennel operator shall employ a sufficient number of caretakers to maintain the standards set forth in this article. It shall not be a defense to an action to suspend or revoke a kennel license or a civil or criminal action to enforce a violation of this article that the licensee was unable to comply due to an insufficient number of employees.

(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 No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord.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 No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord.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)

SEC. 62.648. CLASSIFICATION AND SEPARATION.

Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:

(a) A female in estrus shall not be housed in the same primary enclosure as a male, except for breeding purposes.

(b) Any animal exhibiting a vicious disposition shall be housed by itself.

(c) A puppy shall not be housed in the same primary enclosure with an adult other than its dam, and a kitten shall not be housed with an adult cat other than its dam, except when an animal owner specifically requests they be housed together.

(d) No dog shall be housed in the same primary enclosure with a cat and no dog or cat shall be housed in the same primary enclosure with any other species of animal, unless an animal owner requests the kennel operator house specific animals together.

(e) An animal under quarantine or treatment for a communicable disease or an animal with a serious injury or disability shall be kept separate from any other animal.

SEC. 62.649. RECORDS.

(a) A kennel operator shall maintain a register for each dog housed at the kennel that includes: (1) the dog owner's name, address, and telephone number, (2) the dog's name and description, including breed, color, sex, month and year of birth, (3) the date of its most recent rabies vaccination and (4) a copy of the current vaccination certificate, the name and telephone number of the veterinarian who vaccinated the dog, or the telephone number of the licensing agency verifying the vaccination.

(b) For all animals other than dogs, the kennel operator shall maintain a register with the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age, if known, or approximate age, breed, sex and color.

(c) The kennel operator shall have someone in attendance at the kennel when the facility is housing one or more animals who can identify each animal in the kennel, except that animals under four months of age may be identified as to litter.

SEC. 62.650. VACCINATION REQUIRED FOR INDIVIDUAL DOGS.

A kennel operator shall not be required to obtain the dog license required by this chapter for each dog housed in the kennel, but shall not house a dog in the kennel that has not been vaccinated as required by this chapter.

SEC. 62.651. KENNELS OPERATED CONTRARY TO THIS CHAPTER.

A kennel the Department determines is unsanitary or a threat to animal or public health, safety or welfare, or being operated contrary to this chapter is declared to be a public nuisance. The Department may take action against the kennel operator as authorized by State law or this code to abate the nuisance. If the Department determines immediate action is necessary to preserve or protect an animal or public health, safety or welfare, the Department may summarily abate a nuisance by any reasonable means including impoundment of any animal and immediate closure of a kennel until the nuisance is abated. The Department may recover its abatement costs from the kennel operator.

ARTICLE 6. CONTROL PROVISIONS

SEC. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATION.

(a) In any prosecution under this chapter where the section violated does not require proof that the violator failed to exercise ordinary care, proof by the People of the State of California that: (1) an animal described in the complaint was found in violation of the section charged and (2) the defendant named in the complaint was the owner or custodian of the animal at the time of the alleged violation, shall constitute prima facie evidence that the owner or custodian of the animal was the person responsible for the violation.

(b) The presumption in subsection (a) shall not apply if prior to the date of the alleged violation, the person charged has made a bona fide sale or transfer of the animal found in violation and has complied with the applicable requirements of: (1) section 62.623, (2) section 62.674 for a dangerous dog, or (3) section 62.682 for a public nuisance animal.

SEC. 62.661. ENFORCEMENT PROVISIONS.

An employee of the Department who is assigned to enforce State law and this chapter and who has completed the training required by Penal Code section 832, may arrest any person for violating this chapter, any other State law the Department enforces or Penal Code section 148, when the violation occurs in connection with enforcement of this chapter in the unincorporated area of the County.

(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. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

State law reference(s)--Animal regulation, Penal Code, § 148.

SEC. 62.662. ARREST AND CITATION.

An employee of the Department, who is assigned to enforce State law and this chapter, as provided in section 62.661, is authorized to make an arrest under section 62.661 without a warrant as provided in Penal Code section 836.5. A person arrested under this section who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Penal Code sections 853.5 et seq.

State law reference(s)--Arrest without warrant, Penal Code, § 836.5; citations, Penal Code, § 853.5 et seq.

SEC. 62.663. DOG LICENSE VIOLATIONS.

(a) Whenever a person is arrested for violating section 62.620 and the officer issues a Notice to Appear, the officer may note on the notice that the charge shall be dismissed on proof that the person has corrected the violation, unless the arresting officer determines the person is disqualified as provided in subdivision (b) below. If the arrested person presents proof of correction by mail or in person to the court, on or before the date on which the person promised to appear, the person shall be entitled to have the court dismiss the violation. Proof of correction means that the person arrested provides a Certificate of Correction from the Department verifying that the person has corrected the alleged violation.

(b) When an officer issues a Notice to Appear, the notice shall provide the person who is issued the notice the opportunity to correct the violation before trial unless the officer finds any of the following disqualifying conditions:

(1) Evidence of fraud.

(2) The person has been charged within the past one year period with violating section 62.620.

(3) The violation involves a dog that has attacked, bitten or otherwise caused injury to a person or that otherwise presents an immediate safety hazard to the community.

(4) The person refuses to agree to correct the violation or is unable to promptly correct the violation.

(c) It shall be unlawful for a person to provide false or fictitious information to the Department to obtain a Certificate of Correction or to provide a Certificate of Correction to any person that contains false or fictitious information.

(Added 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. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 62.664. [RESERVED.]

SEC. 62.665. ENTRY ON PRIVATE PROPERTY.

The Department, the Health Officer or any peace officer may enter private property when the person entering has reasonable grounds to believe that there is a dangerous dog, a rabid animal, animal suffering from some other contagious animal disease or there has been a violation of this chapter, section 21.103 of this code, section 148 of the California Penal Code or any other State or County law relating to or affecting an animal.

State law reference(s)--Animal regulation, Penal Code, § 148.

SEC. 62.666. [RESERVED.]

SEC. 62.667. ANIMALS EXPOSED TO DANGEROUS DISEASES OR TOXIC SUBSTANCES.

It shall be unlawful for a person to fail to comply with an order issued by the Public Health Officer ordering the quarantine, vaccination or destruction of a diseased animal or animal exposed to a dangerous disease or toxic substance.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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