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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.
(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 No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord.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 No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord.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. 10098 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Whenever a person (the "respondent") requests a hearing under this chapter the Director shall appoint a Department employee who has not been directly involved in the case to serve as the hearing officer. The hearing officer shall hold the hearing within 30 days from the date the Department receives the request for the hearing. The hearing officer may continue a hearing at the request of either party for good cause. The hearing officer shall issue a written decision that contains findings and the factual bases for the findings. The hearing officer's decision shall be final except as provided below. The fact that no hearing has been conducted shall have no bearing on any criminal prosecution alleging a violation of this chapter.
(b) The Department shall present its evidence first and have the burden of producing evidence at the hearing. The respondent shall have the right to present evidence contesting the Department's case and the Department shall have a right to present a rebuttal case. The standard of proof on the issues before the hearing officer shall be the preponderance of the evidence.
(c) Each party shall have the right at the hearing to call and examine witnesses, introduce evidence, cross-examine an opposing witness on any matter relevant to the issues in the case even though that matter was not covered during direct examination, and impeach any witness regardless of which party first called the witness to testify. The Department may call the animal's owner or custodian as a witness during its case in chief or during its rebuttal case and examine the person as if the person was under cross-examination.
(d) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.
(e) The Department shall serve the hearing officer's decision on the respondent. If the hearing officer determines that sufficient grounds exist for the Department to declare a dog to be a dangerous dog or a public nuisance animal, or that the Department will abate a dog, the hearing officer's decision shall include a notice that the respondent may apply for a departmental administrative review of the record. The notice shall advise the respondent that the request for review shall be in writing and served on the Department within 10 days. The request for review shall provide the reasons why the respondent contends that the hearing officer's decision is erroneous.
(f) The administrative review shall be conducted by the Director or an employee the Director designates who has not been directly involved in the case and who shall be of the same rank or higher than the hearing officer.
(g) If a respondent timely requests administrative review, a hearing officer's decision approving the Department's determination to destroy an animal, the decision is stayed until the Department completes its review. A request for administrative review shall not stay the hearing officer's decision approving the Department's determination to declare a dog a dangerous dog or a public nuisance animal, or any condition the Department imposes to allow a person to continue owning or have custody of an animal.
(h) As part of the administrative review process, the employee conducting the review of the record shall consider: (1) the issues the respondent raised in the request for review, (2) whether the Department's determination is supported by substantial evidence and (3) whether the Department acted in compliance with this chapter.
(i) At the conclusion of the administrative review the employee reviewing the record may uphold, modify or overrule the hearing officer's decision or may order the Department to reconsider the case. The reviewer's decision shall be in writing and shall contain the reasons for the decision. If the reviewer upholds the hearing officer's decision to abate an animal by destruction the Department shall serve the respondent with a written notice of the right to apply for a writ of mandate or other order from Superior Court within 10 days from the date of the notice. The Department shall stay disposition of the animal while the Superior Court action is pending or until the time for filing an action contesting the decision to abate has expired.
(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)
(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. 9663 (N.S.), effective 8-14-04; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)
(a) Any person or owner of an attack, guard or sentry dog (collectively "guard dog") that operates or maintains a business to sell, rent or train a guard dog in the unincorporated area of the County who is required to obtain an operator's permit from the County pursuant to Health and Safety Code section 121916 (the permittee) shall pay the annual permit fee approved by the Board for this type of permit. The person or owner shall also obtain and pay the fee for a guard dog operator premises permit for each location where the person or owner houses a guard dog.
(b) The Department may suspend an animal from use as a guard dog if the Department determines the animal is not healthy enough to work or if the Department has advised the operator that it intends to declare the dog a dangerous dog. The Department may also permanently bar an animal from working as guard dog, if the Department declares the dog a dangerous dog as provided in this chapter.
(c) A permittee under this section shall comply with all the following requirements:
(1) Supply each animal with sufficient, good and wholesome food and water as often as the animal's feeding habits require.
(2) Keep each animal and each animal's quarters in a clean and sanitary condition.
(3) Provide each animal with proper shelter and protection from the weather at all times. An animal shall not be overcrowded or exposed to temperatures detrimental to the welfare of the animal.
(4) Not allow any animal to be without care or control in excess of 12 consecutive hours.
(5) Take every reasonable precaution to ensure that no animal is teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means.
(6) Not maintain or allow any animal to exist in any manner that is, or could be, injurious to that animal.
(7) Not give an animal any alcoholic beverage, unless prescribed by a veterinarian.
(8) Not allow animals that are natural enemies, temperamentally unsuited or otherwise incompatible to be quartered together or so near each other as to cause injury, fear or torment.
(9) Not allow any tack equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal to be used on or with an animal.
(10) Keep or maintain animals confined at all times on the premises for which the permit has been issued unless the Department grants the permittee special permission to remove an animal from the premises. If a guard dog 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.
(11) Give proper rest periods to any working animal. Any confined or restrained animal shall be given exercise proper for the individual animal under the particular conditions.
(12) Not work, use or rent any animal that is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.
(13) Not use or work any animal the Department has suspended from use until the Department releases the animal from suspension.
(14) Not display any animal bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.
(15) Keep or maintain each animal in a manner as may be prescribed to protect the public from the animal and the animal from the public.
(16) Provide conspicuously posted, durable signs of sufficient size containing both a clear pictorial depiction of a guard dog and a legible written warning of the presence of a guard dog for every location that houses a guard dog or where a guard dog is working. These signs shall be maintained at every entrance and at not more than 50 foot intervals so as to be clearly visible on the fence or other enclosure where the dog is to be housed or working. Each sign required by this subsection shall measure a minimum of 11 x 8.5 inches and use lettering of a minimum of 1.25 x .5 inch (91 point) and of contrasting color with the background. The signs shall also include the name and telephone number of the guard dog owner or operator housing or providing the dog.
(17) Take any animal to a veterinarian for examination or treatment when ordered by the Department.
(18) Display no animal whose appearance is, or may be, offensive or contrary to public decency.
(19) Not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.
(20) Obtain and maintain liability insurance from an insurance company authorized to transact insurance business in the State of California, with coverage amounts that comply with this subsection. The insurance shall provide liability insurance coverage for the permittee for any loss due to bodily injury or death with not less than $500,000 per occurrence and for any loss due property damage with not less than $500,000 per occurrence. The permittee shall also furnish a certificate of insurance to the Department. The certificate shall provide the insurer will notify the Department in writing at least 30 days prior to policy cancellation or non-renewal. The certificate shall also provide all the following information:
(A) The full name and address of the insurer.
(B) The name and address of the insured.
(C) The insurance policy number.
(D) The type and limits of coverage.
(E) The effective dates of the certificate.
(F) The certificate issue date.
(21) Obtain a signed and dated acknowledgment from each person who hires a guard dog from the permittee before the guard dog is sent on assignment. The acknowledgment shall contain the name, address and telephone number of the permittee, the name, address and telephone number of the person who hired the guard dog and the location where the guard dog will be working while on assignment. The acknowledgement shall also contain the following language:
"In addition to other provision of law, any person or business entity who hires or has custody of a guard dog is responsible for preventing the dog from being at large, as defined in the San Diego County Code, and from preventing the dog from attacking or injuring a person engaged in a lawful act. A person who hires a guard dog should immediately notify the guard dog operator in the event a guard dog escapes from its enclosure and the Department of Animal Control at (619) 236-2341 in the event an escaped dog is not immediately recaptured."
"The County Code also provides that a person who has custody or control of a dog which bites a person, shall notify the Department as soon as practicable after the incident and not more than 24 hours after the incident."
(22) Provide the Department with a copy of the signed acknowledgment required by subsection (21).
(23) Isolate and segregate at all times any sick or diseased animal from any healthy animal, so that the illness or disease will not be transmitted from one animal to another. Any sick or injured animal shall be isolated and given proper medical treatment.
(24) Immediately notify the owner of any animal held on consignment or boarded if the animal refuses to eat or drink beyond a reasonable period, is injured, becomes sick or dies. In case of death, the body of the dog shall be retained for 12 hours after notification has been sent to the owner.
(d) Reimburse the Department for all costs incurred in enforcing the provisions of this section.
(Added 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. 9663 (N.S.), effective 8-14-04; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
When a person is convicted of a violation of this chapter that is classified as a misdemeanor, the sentencing court may order, in addition to any other sentencing provision, that the convicted person be prohibited from owning, possessing, caring for or having any contact with animals for a period of up to three years if the court deems that the action is necessary to ensure the animal or public safety or welfare. The court may also require the convicted person to immediately deliver all animals in the person's possession, custody or control to the Department for adoption or other lawful disposition and for the convicted person to provide proof to the court that the person no longer has possession, custody or control of any animal.
(Added 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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