SEC. 62.679. RETURN OF ANIMALS TO THEIR OWNERS; ALTERING DEPOSIT, MICROCHIP FEE REQUIRED.

(a) The Department may impound or abate any declared dangerous dog whenever the Department determines that impoundment or abatement is necessary to protect the public health and safety or the safety of an animal. When the Department determines abatement is necessary, the Department may destroy the dog or impose conditions enumerated in subsection (b) on the dog's owner or custodian, as a prerequisite for the dog's owner or custodian continuing to keep the dog. The Department may modify the conditions depending on a change in circumstances. It shall be unlawful for a person to fail to comply with a condition the Department imposes under this section.

(b) The Department may impose one or more of the following conditions on a dog owner or custodian for a declared dangerous dog:

(1) A requirement that the owner or custodian obtain and maintain liability insurance from an insurer licensed to transact insurance business in the State of California with coverage amounts that comply with the requirements of this subsection. The insurance shall provide liability insurance to the owner or custodian for any loss or injury that may result to any person or property caused by the dog. The insurance shall provide coverage for the owner or custodian in an amount of not less than $100,000 per occurrence, combined single limit for bodily injury and property damage. The owner or custodian shall furnish a certificate of insurance to the Department and notify the Department by registered mail within 10 days of receiving notice from the insurance company that the policy has been cancelled or will not be renewed. The insurance certificate shall provide the following information:

(A) The full name and address of the insurer.

(B) The name and address of the insured.

(D) The type and limits of coverage.

(E) The effective dates of the coverage.

(F) The certificate issue date.

(2) Requirements as to the design, specifications, materials and other components of the dog's enclosure.

(3) Requirements as to the type of residence where the dog shall be maintained.

(4) Requirements as to the type and method of restraint or muzzling the owner or custodian shall employ when the dog is not within its approved enclosure.

(5) Requirements for photo identification, microchip implantation or permanent marking of the dog for purposes of identification.

(6) A requirement that the owner or custodian obtain and maintain a dangerous dog registration in addition to the license required under section 62.620.

(7) A requirement to alter the dog.

(8) A requirement that the dog's owner or custodian allow the Department or any other law enforcement agency to inspect the dog and its enclosure.

(9) A requirement that the dog's owner or custodian provide the Department with proof satisfactory to the Department that the owner or custodian is complying with all the requirements of this section.

(10) A requirement that the dog's owner or custodian agree to surrender the dog to the Department on demand.

(11) A requirement that the dog not be allowed to work as guard dog, attack dog or sentry dog.

(12) Any other requirement the Department determines is necessary to protect the public health and safety or the safety of an animal from the actions of a declared dangerous dog.

(13) A requirement that the owner or custodian pay the Department fees to recover the Department's costs to enforce and to verify compliance with this section.

(c) The Department shall provide a dog's owner or custodian with written notice at least 10 days before impounding or abating a declared dangerous dog. The notice shall inform the owner or custodian of the right to a hearing to contest whether grounds exist to impound or abate the dog. If the owner or custodian requests a hearing under this section the hearing may be held in conjunction with the hearing pursuant to section 62.674(a). If the dog's owner or custodian requests a hearing before the dog is impounded or abated the Department shall not impound or abate the dog until the hearing is concluded unless there is a need for immediate action as provided in subsection (e).

(d) A dog's owner or custodian who receives a notice under subsection (c) may request a hearing to contest the Department's determination to impound or abate a dangerous dog. The owner or custodian's request shall be in writing and shall be received by the Department within 10 days of the date of the notice.

(e) When the Department determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, or if a dog has already been impounded under another provision of law, no pre-impoundment hearing shall be held. In that case, the Department shall provide the dog's owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest the abatement of the dog. The hearing request shall be in writing and shall be received by the Department within the specified time period. If the owner or custodian requests a hearing, the dog shall not be disposed of until the hearing requirements are satisfied. Once the hearing procedures enumerated in section 62.684 have been completed and there is a final decision that grounds exist to impound or abate a dog or the owner or custodian fails to request a hearing or attend or be represented at a scheduled hearing, the Department may impound or abate the dog.

(f) The owner or custodian of a declared dangerous dog, who intends to change the ownership, custody or residence of the dog, shall provide at least 15 days advance written notice to the Department of the proposed change. The notice shall identify the dog and provide the name, address and telephone number of the proposed new owner or custodian or the proposed new residence. The Department may prohibit the proposed change when the Department has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal, by issuing a written order to the owner or custodian. No person shall fail to comply with an order the Department issues under this subsection.

(g) An owner or custodian who transfers ownership or custody shall provide written notice to a new owner or custodian that the dog is a declared dangerous dog and the conditions the Department imposed pursuant to subsection (b). The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian, acknowledging receipt of the notice and acceptance of the conditions the Department imposed. The owner or custodian shall provide the Department with a copy of the notice and the signed acknowledgment from the new owner or custodian.

(h) If a declared dangerous dog dies, the owner or custodian shall notify the Department no later than 24 hours after the dog's death. The owner or custodian shall produce the dog's remains when requested by the Department.

(i) If a declared dangerous dog escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner shall also notify the Department within 24 hours of the dog's recapture.

(j) The owner, custodian or person in possession of a dog declared dangerous dog shall keep the dog restrained, confined or muzzled as appropriate for the circumstances, to prevent the dog from biting, attacking or otherwise causing injury to another.

(k) The Department's authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case.

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

SEC. 62.676. CAPTURE OF DOGS AT LARGE.

(a) An employee of the Department, a peace officer or a person in an area where the Department provides animal services who is employed for animal control purposes may capture or attempt to capture any dog found at large in violation of law and may destroy the dog if, in the person's judgment, destroying the dog is required for public health and safety.

(b) The Department shall not seize or impound any dog for being at large that has strayed from but then returned to the private property of its owner or custodian, provided the owner or custodian is at home when the dog returns. In that case the Department may issue the owner or custodian a citation. If the owner or custodian is not home, the Department may impound the dog, and shall post a notice that the dog was impounded on the front door of the owner or custodian's dwelling unit. The notice shall provide the following information: The dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog and an indication of the ultimate disposition of the dog if the owner or custodian does not take action to regain the dog within a specified time period.

(c) A person who finds a dog at large may take the dog into the person's possession and shall as soon as possible, but no later than twenty-four hours, notify the Department. The Department may accept the animal for impoundment and the person who finds the animal shall surrender the animal to the Department upon demand. No person shall be entitled to any compensation from the County for keeping the dog. A person who takes possession of the dog shall use reasonable care to preserve it from injury, but shall not be held liable if the dog dies, escapes, or injures itself while under the person's care.

(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. 62.677. RELINQUISHING AN ANIMAL.

A person who relinquishes an animal to the Department shall provide the person's name, address and if the person is not the owner, the person shall also provide the circumstances under which the person came into possession of the animal.

SEC. 62.678. NOTIFICATION OF OWNER -- RIGHT TO HEARING.

(a) Upon impoundment of an animal wearing a license tag or identification listing the owner's name and address, the Department shall as soon as practicable attempt to notify the owner at the owner's address of record, by mail, personal delivery to the owner or posting a notice on the owner's property advising that the animal is in the Department's custody.

(b) The notice shall include a statement that the owner may make a written request for a hearing within 10 days of the notice, contesting the legality of the impoundment.

(c) Requesting a hearing under this section extends the holding period during which the Department shall not dispose of an impounded animal other than by return to the owner, until the conclusion of the hearing. If at the conclusion of the hearing the impoundment is found to be unwarranted, the Department shall return the animal to the owner or custodian without charge for the impoundment.

(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)

SEC. 62.679. RETURN OF ANIMALS TO THEIR OWNERS; ALTERING DEPOSIT, MICROCHIP FEE REQUIRED.

(a) The owner of an impounded animal that the Department is not seeking to abate may claim the animal prior to other legal disposition by providing proper identification, meeting all requirements and paying the Department the applicable redemption fees.

(b) If an animal owner redeems an unaltered dog or cat found at large that the Department justifiably impounded pursuant to this chapter, the owner shall pay an altering deposit in addition to other redemption fees the Board establishes.

(c) A person paying an altering deposit shall be entitled to a refund if the person provides proof that the animal has been altered by a licensed veterinarian within 30 days of paying the deposit, unless the animal is under four months old at the time of payment. In that case, the person paying the deposit shall be entitled to a refund if the person provides proof that the animal has been altered by a licensed veterinarian by the time the animal is five months old. A person may also obtain a refund of the altering deposit if the owner submits, within the time period that the animal was required to be altered, a written certification from a licensed veterinarian stating that due to health considerations the animal should not be altered or that the animal has previously been altered. If the person paying the altering deposit does not provide the Department with either proof the animal was altered or the written certification from a licensed veterinarian that the animal should not be altered within the period the animal was required to be altered, the person shall forfeit the deposit to the County. All forfeited deposits shall be used to offset the costs of animal control services.

(d) When a person redeems a justifiably impounded dog or cat found at large and without identification, the Department may require the owner to pay the cost to implant a microchip identification device, in addition to other redemption fees the Board establishes.

SEC. 62.680. HOLDING PERIODS AND AVAILABILITY FOR REDEMPTION, ADOPTION, OR RELEASE OF IMPOUNDED STRAY OR RELINQUISHED ANIMALS.

(a) The holding period and availability for redemption, adoption or release of an impounded stray or relinquished animal shall conform to applicable provisions of this chapter, sections 17006, 31108, 31752, 31752.5, 31753, and 31754 of the California Food and Agricultural Code and section 597.1 of the California Penal Code.

(b) The Department may determine the animal holding period and disposition not specified in subsection (a) or other provisions of law.

(c) No person who adopts or accepts the transfer of an impounded dog or cat shall fail to have the animal altered within 30 days of the adoption or transfer unless a California licensed veterinarian authorizes a 30 day extension in writing. It shall be unlawful to fail to provide the Department with proof the animal was altered or that an extension was granted, when demanded by the Department.

(d) The Department may create by policy, a Senior Citizen/Disabled Persons Pet Adoption Program for San Diego County residents who are 60 years or older or recipients of either Supplemental Security Income or Social Security Disability payments, and who are qualified to adopt a dog or cat. The Department may also develop policies for the administration of other special redemption, adoption, or release programs. The Director may waive or adjust applicable fees established by the Board in conjunction with this program, provided that the animals involved shall be vaccinated for rabies and shall be altered as required by law.

(Amended by Ord. No. 7704 (N.S.), effective 1-19-90; 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; amended by Ord. No. 8992 (N.S.), effective 2-11-99; 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. 62.681. WILD ANIMALS.

(a) Except as provided in subsections (d) and (e), it shall be unlawful for any person to own, possess or maintain any venomous reptile.

(b) The owner or custodian of any wild animal shall at all times:

(1) Keep the animal in a cage, enclosure or other confinement that is designed, constructed and maintained to preclude the animal's escape. The cage, enclosure or confinement shall be of sufficient size to allow the animal reasonable freedom of movement.

(2) Keep the cage, enclosure or other area of confinement in a clean and sanitary condition at all times.

(3) Provide the animal with adequate food, water, shelter and veterinary care and take all necessary steps to preserve the animal's health, safety and welfare.

(4) Keep the animal in a manner that will not threaten or annoy any person of normal sensitivity.

(5) Reimburse the Department for any costs the Department incurs to enforce this section.

(6) Reimburse the County for any damage the County incurs as a result of any action or behavior of an animal regulated by this section.

(c) Additional requirements apply to the owner or custodian of a wild animal that may create a greater risk to the public. The following animals do not create a greater risk to the public: a fish, an invertebrate, an amphibian, a bird that attains a maximum adult weight less than 15 pounds or a rodent that attains an adult weight less than 10 pounds. A reptile does not create a greater risk to the public unless it is one of the following: a crocodilian (order Crocodilia), a boa or python (family Boidae) that attains an adult weight over 15 pounds or an adult length over three and one-half feet, or a Monitor Lizard (family Varanidae) that attains an adult weight over 10 pounds or an adult overall length over three feet. The owner or custodian of a wild animal, other than a wild animal recognized in this subsection as not creating a greater risk to the public shall, in addition to the requirements in subsection (b), comply with all of the following:

(1) Employ adequate safeguards to prevent unauthorized access to the animal.

(2) Keep the animal in any escape proof enclosure at all times, including when the owner or custodian is transporting the animal to property that the owner or custodian owns, leases or has the right to use.

(3) Obtain written permission from the Department whenever the owner or custodian, or any person on the owner or custodian's behalf, is transporting that animal to a property that the owner or custodian does not own, lease or have the right to use.

(4) Immediately notify the Department if the animal escapes and make every reasonable effort to recapture an animal that escapes.

(5) Allow the Department to inspect the animal, and the property to determine whether the owner or custodian is complying with this section.

(6) Allow the Department to inspect any permit an agency of the federal or State government has issued to the owner or custodian that regulates the animal.

(d) Subsections (a) and (c) shall not apply to a legally operated zoo, circus, educational institution or scientific research facility, unless the operator is not taking adequate steps to confine an animal, fails to adequately protect the public from an animal under its control, fails to employ adequate sanitation measures, or due to a particular hazard connected with an animal, endangers the health and safety of the public or an animal.

(e) Subsections (a) and (c) shall not apply to an entity in the business of providing consumers with rattlesnake avoidance training techniques for animals provided the entity giving the training is a registered California corporation (for profit or not for profit) in good standing, a sole proprietorship or a registered partnership in good standing, has Commercial General Liability Insurance in the amount of at least $1,000,000 for bodily injury/property damage and has provided proof of insurance to the Department of Animal Services prior to giving any training in each calendar year. The insurance shall name the County as an additional insured. Upon the request of an Animal Control Officer, Humane Officer or peace officer, an entity claiming to be exempt from subsections (a) and (c) shall provide proof of compliance with this subsection. It shall be unlawful for an entity to refuse to comply with the request of an Animal Control Officer, Humane Officer or peace officer to provide this information. Nothing in this subsection shall affect the provisions of the San Diego County Zoning Ordinance or authorize an entity providing the training to violate any applicable federal, state or local law.

(f) The Department may impound or abate an animal that a person is keeping in violation of this section and relocate or dispose of the animal in a humane manner or impose conditions on the animal owner or custodian as a prerequisite for the owner or custodian to keep the animal. The Department shall provide the owner or custodian with at least 10 days written notice before impounding or abating an animal under this section. The notice shall inform the owner or custodian of the right to a Departmental hearing to contest whether grounds exist for the Department to impound or abate the animal under this section. If the owner or custodian requests a hearing before the animal is impounded or abated, the Department shall not impound or abate the animal until the hearing is concluded, unless there is a need to take immediate action as provided in subsection (h) below.

(g) The owner or custodian of a wild animal who receives a notice under subsection (f) may request a Departmental hearing to contest the Department's determination to impound or abate a wild animal. The owner or custodian's request shall be in writing and shall be received by the Department within 10 days of the date of the notice.

(h) When the Department determines it is necessary to immediately impound a wild animal to: (1) preserve the public health and safety, (2) the health or safety of an animal or (3) the animal has already been impounded under another provision of law, no preimpoundment hearing shall be held. In that case the Department shall provide the owner or custodian with at least 10 days notice to request a hearing to contest the impoundment or proposed abatement of the animal. The request for a hearing shall be in writing and shall be received by the Department within 10 days from the date of the notice.

(i) If the owner or custodian timely requests a hearing under this section the Department shall not dispose of the animal until the hearing requirements are satisfied. If the hearing officer finds that the Department has grounds to impound or abate an animal or the owner or custodian either fails to request a hearing or fails to attend or be represented at a scheduled hearing, the hearing requirements are satisfied and the Department may impound or abate the animal.

SEC. 62.682. PUBLIC NUISANCE.

(a) In addition to exercising abatement powers under sections 16.201 et seq. the Department, the County Health Officer, or a peace officer, may abate a public nuisance involving an animal by impounding or abating the animal pursuant to this section. If the Department determines that there is an immediate threat to the health and safety of the public or an animal the Department may summarily abate a public nuisance involving an animal or the premises where an animal lives or is maintained, including destroying the animal involved.

(b) When the Department determines that an animal's behavior or the failure of an animal owner or custodian to control an animal results in a public nuisance, the Department may require the owner or custodian of the animal to obtain a public nuisance registration from the Department, in addition to the license required by section 62.620. The Department may impose the same conditions on the owner or custodian of the animal deemed a public nuisance as it may impose on the owner or custodian of dog declared a dangerous dog, enumerated in section 62.674(b). It shall be unlawful for a person to violate any condition the Department imposes pursuant to this subsection.

(c) When the Department determines that a public nuisance exists due to an animal owner or custodian's failure to properly control or care for one or more animals, the Department, in addition to using its abatement powers under subsection (a) to abate any nuisance involving an animal, may require the owner or custodian to register with the Department. This registration need not name a specific animal if the Department is unable to determine which animal or animals were involved. The Department may impose any condition on the owner or custodian enumerated in section 62.674(b) relative to any or all animals the person owns or is the custodian of. The Department may also limit the number of animals or type of animals the owner or custodian may own or have custody of. It shall be unlawful for a person to violate any condition the Department imposes pursuant to this subsection.

(d) If a person fails to properly control or care for one or more animals or the premises where one or more animals are maintained, and the Department determines that person, based on the person's conduct, poses a risk to the health or safety of the public or an animal if that person were to own or have custody of any animal or a specific type or breed of animal, the Department may enter a declaration against the person prohibiting that person from having ownership or custody of any animal or a specific type or breed of animal, for up to five years. It shall be unlawful for a person to violate the terms of the declaration entered pursuant to this subsection. If the Department determines a person violated this section, the Department may, in addition to taking any legal action authorized by this code, enter a new declaration against that person prohibiting that person from having ownership or custody of any animal or a specific type or breed of animal, for up to five years from the date of violation.

(e) Except as provided in subsection (g), the Department shall provide an owner or custodian with at least 10 days notice before impounding or abating an animal of their right to a hearing to contest whether grounds exist for an impoundment or abatement. If the owner or custodian requests a hearing before the Department impounds or abates the animal, the County shall not impound or abate the animal until the conclusion of the hearing except as provided in subsection (g). The Department shall also provide notice to an animal owner or custodian of its intent to proceed under subsection (c) or (d) and advise the owner of the right to request a hearing to contest the Department's determination.

(f) The owner or custodian of an animal who receives a notice under subsection (e) may request a hearing to contest the Department's determination to impound or abate an animal under this section or the Department's determination to proceed under subsection (c) or (d). The owner or custodian's request shall be in writing and the request shall be received by the Department within 10 days. All hearings shall be conducted pursuant to section 62.684.

(g) When the Department determines it is necessary to immediately impound an animal under this section to preserve the public health and safety or the safety of an animal, or if the animal has already been impounded under another provision of law, no pre-impoundment hearing shall be held. The Department shall provide the owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest abatement of the animal. The hearing request shall be in writing and shall be received by the Department within the specified time period. If the owner or custodian requests a hearing, the animal shall not be disposed of until the hearing requirements are satisfied.

Once the hearing procedures enumerated in section 62.684 have been completed and there is a decision that grounds exist to impound or abate an animal under this section or the animal owner or custodian fails to request a hearing, or attend or be represented at a scheduled hearing, the Department may impound or abate an animal deemed a public nuisance under this section.

(h) The owner or custodian of an animal that is required to obtain a public nuisance registration for an animal shall provide at least 15 days advance written notice to the Department of a proposed change in the animal's ownership, custody or residence. The notice shall identify the animal and provide the name, address and telephone number of the proposed new owner or custodian or the proposed new residence. The Department may prohibit the proposed change when the Department has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal by issuing a written order to the owner or custodian. No person shall fail to comply with an order the Department issues under this subsection.

(i) The owner or custodian who transfers ownership or custody of an animal subject to this section shall provide written notice to the new owner or custodian that the animal requires a public nuisance registration and the terms of any conditions the Department has imposed pursuant to this section. The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian acknowledging receipt of the notice and acceptance of the conditions the Department imposed. The owner or custodian shall provide the Department with a copy of the notice and the signed acknowledgement from the new owner or custodian.

(j) If an animal that requires a public nuisance registration dies, the owner or custodian shall notify the Department no later than 24 hours after the animal's death. The owner or custodian shall produce the animal's remains when requested by the Department.

(k) If an animal that requires a public nuisance registration escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner or custodian shall also notify the Department within 24 hours of the animal's recapture.

(l) The owner, custodian or person in possession of an animal that requires a public nuisance registration shall use all reasonable efforts to restrain or confine the animal to prevent it from being at large or from causing damage to any property or injury to any person.

(m) The Department's authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case.

Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.

SEC. 62.683. INJURIES AND COMMUNICABLE DISEASES.

No person shall knowingly keep an animal that suffers from a serious injury or is afflicted with mange, ringworm, distemper or other contagious disease without providing or obtaining adequate treatment for the animal. The Department may take immediate possession of an animal if either determines that the owner or custodian is not providing or obtaining adequate treatment and may dispose of the animal unless the owner or custodian places the animal with a licensed veterinarian for treatment.

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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