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HomeMy WebLinkAbout1989-06-20; City Council; 10084; Adopt by Reference County Code Regulatory Ordinances Rabies, Animal Control and Regulation1 t= X E! 2 -4 k (d a) s 0 4 *r( e a LH cn a) c, a) U a) 3 k 0 U a) e k 2 5 a u V *rt a) a) k a .4 a b I m z a k 0 a a) 0 3 a. ocn Ma2 urn Gh \ a $. a3 ens -3- vc, \ 0 N \ a .. z 0 E $ a z 3 0 0 J,* CI'I0)OF CARLSBAD - AGENWBILL AB#- TITLE: ADOPT BY REFERENCE THE COUNTY CODE D OF REGULATORY ORDINANCES FOR RABIES, MTG. 6/20/89 ANIMAL CONTROL AND REGULATION C DEPT. CA C RECOMMENDED ACTION: Title the ordinance by the first reading and set a publi for Ordinance No. fls - q b adopting the amended San Die Code by reference. ITEM EXPLANATION The City adopts those portions of the County Code dea rabies, animal control and regulation by reference. TI Code was amended on July 2, 1987 but this amendment incorporated into the Carlsbad Municipal Code. This re the City code would bring the two codes into conformance FISCAL IMPACT The changes are technical in nature and result in no fo fiscal impact. EXHIBIT Ordinance No. NS- 7 h) 1 2 3 ORDINANCE NO. NS-76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES 41 51 7 8 9 10 11 12 6l DEALING WITH RABIES, ANIMAL CONTROL AND REGULATION. The City Council of the City of Carlsbad, Califc ordain as follows: SECTION I: That Title 7, Chapter 7.08 of the Municipal Code is amended by the amendment of subsection to read as follows: tt7.08.010 Adopted by reference. Title 6, Division 2, Chapters 6 and 7 of the County code of Regulatory Ordinances, as amended throug 1987, relating to rabies, animal control and regulation ! by reference and incorporated as part of this code, ex ZU% a>z 13 5aQg &ti., oUam .ou 14 ooaa Z>jZ h-5: msou. 15 LL >ma aJ gUJa0 ~KKO 16 zoss >5:2 17 z--I E-5 0 18 19 20 wherever the provisions thereof refer to a county of board, territory, area, agency, official, employee or c it shall mean the corresponding board, territory, area official, employee or otherwise of the City, and if the- it shall mean that the county is acting in the same ci behalf of the City." EFFECTIVE DATE: This ordinance shall be thirty days after its adoption, and the City Clerk sha to the adoption of this ordinance and cause it to be pu least once in the Carlsbad Journal within fifteen days adoption. 22 21 I 23 i 24 1 25 I 26 INTRODUCED AND FIRST READ at a regular meet Carlsbad City Council on the 20th day of June 1989, and thereafter 27 28 ' :WE mz? 13 $5.; -ow l4 ouom noes Z>d:Z OI-sK mD,? 15 u'ai >me swmu 2-1 glr~cj 16 ZO$$ 5enE qgy >:s 17 ko 18 19 20 21 22 23 24 0 d!-GtL d. RA ALETHA L. RAUTENKRANZ, Cityklerk I ' I 25 26 27 28 1 62.601 0 0 Y ('A 9-86 CHAPTER 6 (Repealed and readopted by Ord. No. 2041 (N.S.) Eff. (Repealed and new Chapter 6 added by Ord. No. 4188 (N. (Repealed and new Chapter 6 added by Ord. No. 4599 (N (Repealed and new Chapter 6 added by Ord. 7182 (N.S.) 5-3-60 1 Eff. 11-29-73) Eff. 12-4-75, operative 12-5-75) 9-11-86) ANIMAL CONTROL ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS Sec. 62.601. For the purposes of this chapter the following definitions shall apply: (a) "ALTERED" for a female means having had the ovar: and uterus surgically removed: an ovariahysterectomy. "Altered" for a male means having had the testicles surgici removed . (b) "AMBIENT TEMPERATURE" means the temperature (c) "ANIMAL" shall include but not be limited to birc (dl "AT LARGE" means being on any private property surrounding the animal . f ishes, reptiles, and non-human mammals. witnout permission of the person who owns or has a right t possess or use the property: or unrestrained by a leash on either public property, unless expressly permitted by law, private property open to the public; or in any place or ma which presents substantial risk of imminent interference w animal or public health, safety or welfare. (e) "BOARD OF SUPERVISORS" means the San Diego Count Board of Supervisors. (f) "CLERK OF THE BOARD OF SUPERVISORS" means the C1 of the San Diego County Board of Supervisors, his/her ager deputies . (9) "COUNTY" means the County of San Diego. (h) "COUNTY ANIMAL SHELTEII" means a premises selectc the Director of Animal Control as a suitable facility for requirements of this chapter. 7,s 1 e 0 62.601 9-86 (1) "COUNTY VETERINARIAN" means the San Diego County Veterinarian, his/her agents or deputies. (j) "CURB" means to so restrain or control an animal it urinates or defecates only in the street yutters. (k) "DANGEROUS ANIMAL" means any animal of a species type likely to cause injury to a person, or any animal whic has demonstrated a propensity to attack or cause injury to person. (1) "DEPARTMENT" means the San Diego County Departmen Animal Control, its agents or deputies. (m) "DIRECTOR" means the San Diego County Director of Animal Control, his/her agents and deputies. (n) "DOG" means a Canis familiaris of either sex, alt or unaltered; or any other member of the Canis genus if own kept, or harbored. certification issued by County or other official dog licens agency, including the dog owner's namep address, and teleph the dog's name and description, including breed, color, sex month and year of birth; rabies vaccination date; license t number and expiration date. (0) "DOG LICENSE" means a properly completed (p) "DOG LICENSE APPLICATION - RABIES CERTIFICATE FOE means the dog license application form issued by County. 7 serve as a rabies certificate it must show: (1) The dog owner's name, address, and telephone: (2) The dog's name and description, including breed, color, sex, month and year of birth; (3) The type, lot number, and manufacturer of the rak vaccine; (4) The date of vaccination; (5) The signature of the veterinarian who vaccinated dog or other signature authorized by him/her. (9) "HEALTH OFFICER" means the San Diego County Heal Officer, his/her agents or deputies. (r) "IMPOUNDED ANIMAL" means any animal in the custoc control of the Department as provided in this chapter. 0 0 62. (3) "INDOOR HOUSING FACILITY" means any structure or building, housing or intended to house animals, which has capability of controlling the environment- within the enclc created by the continuous connection of a roof, floor, ana walls with at least one opening for entry and exit that is provided with a door or any movable structure used to clo: the opening and typically consisting of a panel of wood, ( metal, etc., which slides on rollers or swings on hinges, provided, however, that any openings which provide natura. light shall be covered with a transparent material, e.g., glass, plastic, etc. (t) "KENNEL" means any lot or adjacent lot(s), or at building(s), structure(s), enclosure(s) or premises on thd or adjacent lot(s), wherein a total of seven or more dogs months of age or over, are kept or maintained by a person defined in Section 12.115 of this Code including, but not limited to, any agency organized or operated Cor the welf animals, The term "kennel" shall not include an animal s operated or established by the Department or a veterinary hospital operated by a veterinarian licensed by the State California. controls, or operates a kennel or any person who is respo for or who participates in the control or operation of a kennel. material not exceeding six feet in length, being held in hand of a person capable of controlling and actually controlling the animal to which it is attached. (w) "LICENSE TAG" means a piece of metal or other c material inscribed with a date and number which has been by County or other official dog licensing agency. license tag as required by this chapter. frl ' 7-87 (u) "KENNEL OPERATOR" means any person who owns, (v) "LEASH" means any rope, leather strap, chain or (x) "LICENSED DOG" means a dog wearing its current (y) "OUTDOOR HOUSING FACILITY" means any structure building, housing or intended to house animals which doe meet the definition of "indoor housing facility." (2) "OWNER" means any person who is the legal owne keeper, harborer, possessor or the actual custodian of a animal. Ownership is also established by a person regis as the owner on a license or other legal document or by person claiming ownership and taking possession of an an (aa) "PRIMARY ENCLOSURE" means any structure used t immediately restrict an animal or animals to a limited a of space, such as a room, pen, run, cage, or compartment exclusive of any kennel house. t t e a If' 62.601 7 -87 (bb) "REGISTERED OWNER" means a person registered as the owner on a dog license or a person claiming ownership of an impounded animal and taking possession of it. (cc) "SANITIZE" means to make physically clean and to remove and destroy, to the maximum degree that is practical, aqents injurious to animal or human health. (ad) "STRAY" means an animal which is at large. (ee) "VACCINATED DOG" means a dog inoculated with an approved, currently valid antirabies vaccine, and wearing a current dog license tag indicating proof of such vaccination (f f ) "VICIOUS DOG" means a dog which: (1) has twice within a 48-month period bitten, attacked, or shown the disposition, tendency, propensity to attack, bite, or otherwise caust injury to a person engaged in lawful activity or (2) has once attacked or bitten a person engaged lawful activity, causing death or substantial injury, or Department pursuant to Section 62.674 of this chapter. (3) has been declared a "Vicious Dog" by the A "Vicious Dog" within the meaning of this section shall be deemed a public nuisance and shall be subject to the provisi of this Code relating to vicious dogs and public nuisances f the remainder of its life. (gg) "WILD ANIMAL" means any animal which is not normal domesticated in the United States including, but not limited to, any lion, tiger, bear, non-human primate (monkey, chimpanzee, etc.), wolf, cougar, ocelot, wildcat, skunk, raccoon, ferret, venomous reptile, boa, python, anaconda, members of the Order Crocadilia, or other such animal (ferat naturae) irrespective of its actual or asserted state of docility, tameness, or domesticity. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62.602. VIOLATION - INFRACTION - MISDEMEANOR. (a) Any person who violates any provision of this Chal is guilty of an infraction, except as set forth in (b). 62. (b) Any person who violates any provision of the Uni Licensing Procedure (Sections 16.101 through 16.115) of th Code, or Article 5 of this Chapter, or Sections 62.610, 62 62.616, 62.617, 62.618, 62.663(c), 62.668(d), 62.668(e), 62.669, 62.669.1, 62.669.5, 62.672, 62.673, 62.674, 62.680 62.681,62.682, 62.683, 62.685, or who violates any other provision of this chapter three or more times within two 1 from the date of the first conviqtion, is guilty of a misdemeanor. e *f' 7-87 (c) Each day on which a violation occurs or continue shall constitute a separate offense. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62,603. FEES. (a) Fees shall be charged and collected by the &pal for dog licensing and for other animal control services a1 enforcement. Such fees shall be collected by County persc or deputized personnel and deposited in the County treasu Such fees shall be established by the Board of Supervisor (b) A list of currently approved fees shall be file' the Clerk of the Board of Supervisors and shall be availa for public inspection. 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 condit 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 identificatior agrees to pay the fees within a thirty (30) day period. An owner claiming an economic hardship in paying thc may submit an application for waiver on forms provided b: department. The forms shall be executed under penalty oj jury and contain a declaration as to the truthfulness anc rectness of the information contained therein. Upon subr of the completed forms, the fees may be waived if no disi fying conditions, as set forth in the department policy, The department may also waive fees if necessary in order accomplish the protection of animal or public health, sa welfare or if the owner provides satisfactory evidence t he/she was not at fault for the violation or incident wh to the department action and that such action was not justified. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87 Sec. 62.604. SEVERABILITY. If any provision or cl this Chapter or application thereof is held invalid, suc invalidity shall not offset other provisions or applicat this Chapter which can be given effect without the inval provision or application, and to this end the provisions this Chapter are declared to be severable. (c) Fees shall be paid when due unless the Director a I) r I I, 7-87 62.61 0 ARTICLE 2 RABIES PROVISIONS Sec. 62.610. VACCINATION REQUIRED, Dog owners shall obtain a rabies vaccination for each dog they own, keep, harbor, or have custody of, within thirty (30) days after it becomes four months of age, or within thirty (30) days after obtaining any dog over four months of age. It shall be unlawful for any person(s1 to own, keep, harbor, or possess o to have in his or her care, charge or custody, any dog five months of age or over unless such dog has a current and valid rabies vaccination administered by any duly qualified and licensed veterinarian, with a rabies vaccine approved by the State Department of Health Services for use in dogs. Such vaccination shall be repeated at intervals specified by the State Department of Health Services in order to maintain adequate immunity. Any person who violates any provision of this Section is guilty of a misdemeanor. Sec. 62.611. VACCINATION CLINICS. The Department shal: provide or arrange for rabies vaccination clinics to be held various locations where dog owners may obtain the required rabies vaccinations at the applicable fee. veterinarian who vaccinates a dog for rabies shall also cert by properly completing, as provided in Section 62.601(p), th license application - rabies certificate form issued by Coun for that purpose and shall forward monthly to the Department copy of each form so completed. When administered for the purpose of issuing a dog license, the vaccination must be va for the entire licensing period as specified for the indicat vaccine by the State Department of Health Services, Sec. 62.6 13. EXEMPTION FROM RABIES VACCINATION DURING ILLNESS. Notwithstanding any other provisions of this chapt a dog need not be vaccinated for rabies during an illness i' licensed veterinarian has examined the dog and certified in writing that such vaccination should be postponed because o specified illness. Old age, debility, and pregnancy are no. considered contraindications to rabies vaccination, Exempt certificates are subject to approval by the Department and shall be valid only for the duration of the illness. Exemp from vaccination does not exempt a dog from the licensing requirement Sec. 62.614. REPORTING SUSPECTED CASE OF RABIES. Any person having care or custody of an animal which shows symF of rabies or which acts in a manner which would lead to a reasonable suspicion that it may have rabies, shall notify Department , the County Veterinarian, or the Health Officer comply with appropriate laws and regulations regarding suspected cases of rabies as directed by the Department, tk County Veterinarian, or the Health Officer. Any person whc violates any provision of this Section is guilty of a misdemeanor. Sec. 62.612. CERTIFICATE OF VACCINATION. Any 62. .1 * tf *, 7-87 Sec, 62.615. REPORTING OF BITES. All persons bitten the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies shall notify the Department or th Health Officer as soon as possible thereafter. Physicians treating such bites and other persons having the knowledge such bites shall also be required to make such notification Sec. 62.616. ISOLATION OF SUSPECTED RABID ANIMALS. L the order of the Department, the County Veterinarian, or th Health officer, a suspected rabid animal shall be isolated strict confinement under proper care and under the observat of a licensed veterinarian in an animal shelter, veterinary hospital, or other adequate facility in a manner approveti b the Department, the County Veterindrian, or ttiu Health <Ifif i and such animal shall not be killed or releaseti for at leas ten days after the onset of symptoms sugyestive of rabies unless permission is obtained from the Department, the Heal Officer, or the County Veterinarian to sacrifice the animal the purpose of laboratory examination. Any person who viol any provision of this Section is guilty of a misdemeanor. Sec. 62.617. ISOLATION OF t3ITING ANIMALS. Upon the c of the Department, the County Veterinarian, or the Health Officer, any dog, cat, skunk, fox, bat, coyote, bobcat or ' animal of a species subject to rabies which bites or other1 exposes a person to rahies may be impounded and shall be isolated in strict confinement in a place and manner appro by the Department, the County Veterinarian, or tho Health Officer and observed for at least fourteen days after the t of infliction of the bite or other exposure, and until exai and released by the Department, the County Veterinarian, o Health Officer. Dogs and cats shall be so isolated and observed for at least ten days after the d'iy of inflictiori the bite or other exposure, and until examined and release the Department, the County Veterinarian, or the Health Off Notwithstanding the foregoing, the following alternative i permitted at the discretion of the Department, the County Veterinarian, or the Health Officer. Dogs or cats which h been isolated in strict confinement under proper care and observation of a licensed veterinarian in an animal shelte veterinary hospital, or other adequate facility in a manne approved by the Department, the County Veterinarian, or tb Health Officer, may be released from isolation by the Department, the County Veterinarian, or the Health OEficei atter five days of veterinary observation if upon conductj thorough physical examination on the tifth day or more aft infliction of the bite or other exposure, the observing veterinarian certifies that there are no clinical signs 01 symptoms of any disease. Notwithstanding all of the fore< provisions, the Department, the Health Officer, or the COL Veterinarian may authorize, with permission of the owner 1 known, the euthanasia of a biting animal for the purpose ( laboratory examination. Any person who violates any prov of this Section is guilty of a misdemeanor. 0 0 * f f, 62.618 7-87 Sec. 62.618. ANIMALS POSSIBLY EXPOSED TO RAbIES. Any animal of a species subject to rabies which has been bitten I a known rabid or suspected rabid animal, or which has been il intimate contact with such an animal shall be isolated in strict confinement in a place and manner approved by the Department, the County Veterinarian, or the Health Officer a observed for a period of six months or destroyed. Notwithstanding the foregoing, the following alternative is permitted in the case of dogs and cats. If the dog or cat h been vaccinated against rabies at least thirty days prior to the suspected exposure with a type of vaccine and within the time period approved by the State Department of Health Services, the dog or cat may be revaccinated immediately (within 48 hours) in a manner prescribed by the Department, County Veterinarian, or the Health Officer and isolated in strict confinement in a place and manner approved by the Department, the County Veterinarian, or the Health Officer a observed for a period of thirty days following revaccination Any person who violates any provision of this Section is qui of a misdemeanor. Sec. 62.619. PAYMENT OF FEES AND EXPENSES. The owner any animal which is isolated under the provisions of this article shall pay all fees and expenses related to the isolation including, but not limited to, the impoundment, confinement, quarantine, board, examination, and release of animal from quarantine. ARTICLE 3 DOG LICENSES Sec. 62.620. LICENSE REQUIRED. (a) All dog owners, except tourists or visitors who st less than thirty (30) days in an area within the unincorpor, area of San Diego County or any city in which the Departmen provides licensing or animal control services, shall apply and obtain a separate dog license for each dog they own, possess, keep, or harbor, after it is four months old. All owners must possess such license at the time the dog is fivc months old or thirty (30) days after obtaining or bringing I dog over four months of age into an area within the unincorporated area of San Diego County or any city in whicl the Department provides licensing or animal control service Dog owners shall renew the dog license before it becomes delinquent for as long as they own, possess, keep, harbor, otherwise have custody of the dog. If renewal is not requi dog owners shall within thirty (30) days after the expirati date advise the Department of the reason therefor. 62.6 0 e Tt' 7-87 (b) Any dog which is legally impounded according to t' provisions of this chapter shall be presumed to be a dog wh prior to impounding, required a license, regardless of such dog's actual age or owner's place of residence. completed license application form including proof that the rabies vaccination will be valid throughout the license per and the proper license fee, and if applicable, a late fee, Department shall issue a dog license and license tag. The owner shall retain the dog license for inspection by any pt charged with the enforcement OE this chapter. (c) Upon presentation by the dog owner of a properly (dl Licenses shall be valid for a term not to exceed maximum immunity duration periods specified for the var iou: types of canine rabies vaccines approved by the California Department of Health Services and must be renewed prior to expiration of the term by the payment of the current effec fee for each renewal. (e) The dog owner shall securely affix the current license tag to the collar or harness of-the dog for which license tag was issued and shall ensure that the dog wears license tag at all times except when the dog is being exhi at a dog show. transferred or attached to any other dog. (f) A license tag issued for one dog shall not be (g) No unauthorized person shall remove a license t? from a collar or harness or remove the collar or harness bearing such tag from a dog. (h) Whenever a license tag is lost or damaged, the 1 shall apply for and obtain a replacement from the Departml upon payment of the prescribed fee. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec . 62.622. TRANSFER LICENSE (a) Owners of dogs having a current license issued another dog licensing agency may be issued a County dog 1 upon payment of the applicable transfer fee. The rabies vaccination for any such dog must be valid for the durati the license issued. (b) Whenever the ownership of a licensed dog change new owner shall apply for and obtain a transfer license i the applicable fee, Sec. 62,623. CHANGE OF ADDRESS. The address of thl is presumed to be the address where the dog is kept. An change of address must be reported to the Department of Control within thirty (30) days following such change. , *{ c 0 62.624 7-87 Sec. 62.624. CHANGE OF OWNERSHIP. Dog owners or the parent or guardian of minor children who sell or otherwise transfer the ownership or custody of a dog shall within thirt! (30) days thereafter inform the Department of the name, address, and telephone of a new owner and the name and description of the dog. ARTICLE 4 SHELTERS Sec. 62.630. ESTABLISHMENT OF ANIMAL SHELTERS. The Director of Animal Control shall, with the approval of the Board of Supervisors, establish as many animal shelters throughout the County as he/she shall determine to be necessa for the performance of his/her duties. Sec. 62.631. ESTABLISHMENT OF ANIMAL DISPOSAL FACILITIE The Department shall establish at the County Animal Shelters humane procedure for euthanasia of animals. The Department may, at its option, upon payment of applicable fees, accept animals for humane disposal. The owner or possessor of such animals shall first complete appropriate forms setting forth the facts constituting such ownership and/or possession, certifying that he/she has the right to request disposal of such animal, and agree to hold the County, its agents and employees harmless from any liability for its acceptance and disposal of such animals. The owner or person requesting the disposal of any animal shall certify in writing that, to the best of his/her knowledge, the animal has not bitten a human being within the period established by this chapter for isolation of biting animals and suspected rabid animals. Notwithstanding the foregoing, the Department, the Health Officer, or the County Veterinarian may authorize, with the permission of the owner, if known, the euthanasia of a bitinc animal for the purpose of laboratory examination. AKTICLE 5 KENNELS Sec. 62.641. LICENSING PROCEDURES. It shall be unlawf for any person(s) to operate a kennel within the unincorpora area of San Uiego County or any city in which the Department provides animal control services without first having obtain a license therefor. Procedures for license applications, renewals, denials, suspensions, revocations, hearings, and appeals, except as otherwise herein provided, shall be the s as those set forth in the Uniform Licensing Procedure (Secti 16.101-16.115) of this Code. Kennel licenses shall expire one year from the date of issue unless the Department selects a different expiration. such case, the license fee shall be prorated. 62.64 ’, 9-86 0 0 Any kennel which is found by the Department to be unsanitary or a menace to animal or public health, safety or welfare, is declared to be a public nuisance. The Departmen is authorized and empowered to take such action as is neces: to abate the nuisance. In the event that immediate action 1 necessary to preserve or protect animal or public health, safety or welfare, the Department is authorized and ernpowere to summarily abate such nuisance by any reasonable means including, but not limited to impoundment of the animal(s) and/or immediate closure of the kennel for such time until t nuisance is abated. In such case, hearings shall be providc in accordance with Sec. 16.113 and/or Sec. 62.678 of this Cc Utherwise, the Department shall inaugurate proceedings in accordance with provisions of the Uniform License Procedure The Department may also commence proceedings in accordance 1 the Uniform Public Nuisance Abatement Procedure contained il Chapter 2, Division 6, Title 1 of this Code. Sec. 62.642. LICENSE STANDAKUS. (a) ACKNOWLEDGEMENT OF STANDARDS. A copy of the applicable standards will be supplied to the applicant with each request for an application for a license, and the applicant shall acknowledge receipt of such standards and a to comply with them and to allow inspections at reasonable times by signing the application form. (b) DEMONSTRATION OF COMPLIANCE WITH STANDARDS. Each applicant or kennel operator must demonstrate that his/her premises and any facilities or equipment used in his/her ke comply with the standards set forth in this article. In addition, each applicant or kennel operator shall correct a deficiencies noted within a reasonable time specified by tl Department. Plans for new or remodeled kennel facilities r be submitted to the Department for review. Upon request bl Department, the applicant or kennel operator must make his, premises, facilities, and equipment available for the purpc of ascertaining compliance with said standards. (c) CONDITIONS AND HESTHICTIONS. The Issuing Office issue a license under any conditions and restrictions whic he/she deems necessary for the protection of animal and/or public health, safety, or welfare, and may specify such conditions and restrictions on the license. (d) ADDITIONAL REASONS FOR DENIAL OF APPLICATION. 1 addition to the reasons stated in the Uniform Licensing Procedure, the Issuing Officer shall not issue a kennel li to: 1. any person applying for an original license who not received approval for the location from the appropriate planning/zoning department or who ha obtained any necessary permit(s1 for its operatf or 'I . e 62.642 9-86 2. any person whose license has been suspended, for t period during which the order of suspension is in effect: or 3. any person who has been or is an officer, agent, c employee of a licensee whose license has been suspended or revoked and who was responsible for c participated in the violation upon which the order suspension or revocation was based, for the period during which the order of suspension is in effect for a period of one year from the effective date o revocation, or if a revocation has been stayed, UP one year from the expiration of the stay; or 4. any person whose license has been revoked, or any partnership, firm, corporation, or other legal ent in which any such person has a substantial financj interest for a period of one year from the effectj date of such revocation, or if a revocation has bc stayed, until one year from the expiration of the stay; or this Article. 5. any person who fails to comply with any provision Sec. 62.645. FACILITIES AND OPERATING STANDARDS. Sec. 62.645.1. FACILITIES, GENERAL. (a) STRUCTURAL STHENGTH. Indoor and outdoor housing facilities shall be structurally sound and shall be maintai in good repair, to protect the animals from injury, to cont the animals, and to restrict the entrance of other animals. Crates and boxes, automobile bodies, scrap materials salvay from plyboards, odd pieces of material such as linoleum, ti canvas and other such materials are not suitable and shall be used. 62.6 (b) FENCING. Any fencing shall be in conformance w planning/zoning requirements and be o€ suLtabLe sturdy ma anchored solidly to the ground in such a manner to preven animals from escaping by digging under the fence and of sufficient height to prevent animals from escaping. If necessary, to accomplish the intent of containment, a covl over the fenced area shall be installed. e 0 '1 7-87 (c) WATER AND ELECTRIC POWER. Reliable and adequati electric power, if required to comply with other provisio this Article, and adequate potable water shall be availab (d) STORAGE. Supplies of food and bedding shall be stored in facilities which adequately protect such suppli against infestation or contamination by vermin. Kefriger shall be provided for supplies of perishable food. (e) WASTE DISPOSAL. Provisions shall be made for t removal and disposal of animal and Eood wastes, bedding, debris. Disposal facilities shall be so provided and ope as to minimize vermin infestation, odors, and disease haz (f) WASHROOMS AND SINKS. Facilities, such as washr basins, or sinks, shall be provided to maintain cleanline among animal caretakers. Sec. 62.645.2. FACILITIES, INDOOR. (a) HEATING. Indoor housing facilities shall be wa enough to protect the animals from cold. Sufficient cleE bedding material or other means of protection shall be pr when the ambient temperature falls below that temperature which an animal is acclimated. (b) VENTILATION. Indoor housing facilities shall t adequately ventilated to provide for the health and comfc the animals at all times. Such facilities shall be provj with fresh air either by means of windows, doors, vents, conditioning and shall be ventiL,ated so as to minimize dt odors, and moisture condensation. Auxiliary ventilation, as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrc or higher, within the indoor housing facility. (c) LIGHTING. Indoor housing facilities shall haw light, by natural or artificial means, or both, of good ' and well distributed. Such lighting shall provide unifo distributed illumination of sufficient light intensity tc permit routine inspection and cleaning during the entire working period. Primary enclosures shalL be so placed a protect the animals from excessive illumination. 1, 0 0 62.645.2 7-87 (d) INTERIOR SUKFACES. The interior building surfaces 01 indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. (e) DRAINAGE. A suitable method shall be provided to rapidly eliminate excess liquid from indoor housing facilities If drains are used, they shall be properly constructed and kep in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62.645-3, FACILITIES, OUTDOOR, (a) SHELTER FROM SUNLIGHT. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun. (b) SHELTER FROM RAIN OR SNOW. Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. (c) SHELTER FROM COLD WEATHER. Shelter shall be providc for all animals kept outdoors when the atmospheric temperatun falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather elemen shall be provided when the ambient temperature falls below th, temperature to which an animal is acclimated. rapidly eliminate excess liquid. ENCLOSUKES. Primary enclosures must be provided for all animals and shall conform to the following requirements: maintained in good repair to protect the animals from injury, to contain them, and to keep other animals out. They shall t effectively enclosed. maintained so as to enable the animals to remain dry and clean. (d) URAINAGE. A suitable method shall be provided to Sec. 62.645.4. GENERAL HEQUIREMENTS FOR PRIMARY (a) Primary enclosures shall be structurally sound and (b) Primary enclosures shall be constructed and (c) Primary enclosures shall be constructed and maintained so that the animals contained therein have convenient access to clean food and water. (dl The floors' of the primary enclosures shall be constructed so a3 to protmt the ar?imals' feet and legs from injury. I 62.6 'I a 0 7-87 S@C. 62.645.5- ADDITIONAL GENERAL REQUIREMENTS FOR PRIMARY ENCLOSURES HOUSING CATS. (a) In all enclosures having a solid floor, a recepta containing sufficient clean litter shall be provided to COI! excreta. (b) Each primary enclosure shall be provided with a : resting surface or surfaces which, in the aggregate, shall of adequate size to comfortably hold all occupants of the primary enclosure at the same time. Such resting surface ( surfaces shall be elevated in primary enclosures housing tl more cats. (c) Not more than twelve (12) adult cats shall be ho in the same primary enclosure. enclosures must be large enough so that the animals in the obtain adequate exercise Any separate kennel houses used sleeping quarters must provide sufficient space to allow e animal to turn about freely, stand easily, sit and lie in comfortable normal position. It is unlawful to keep any a in a primary enclosure or kennel house that does not prov' adequate space as required by this Article. Sec. 62.645.7. ADDITIONAL SPACE REQUIREMENTS FOR DO( (a) Sec. 62.645.6. GENERAL SPACE REQUIREMENTS. Pr imary A primary enclosure shall never house more than twelve (12) dogs of any size. (b) Passageways into kennel houses shall allow easy access for all dogs housed in them. Any dog confined to kennel house which does not meet the space requirements fi primary enclosure shall be provided access to its primary enclosure after no more than twelve (12) hours for suffic time to allow adequate exercise- (c) Any primary enclosure(s) and/or kennel house(s1 kennels which were not licensed on the effective date of Article and those completed or installed in any kennel af the effective date of this Article shall meet the followj space requirements. s, I e e 62.645.7 7-8; WEIGHT OF DOG MINIMUM SPACE REQUIREMENTS IN POUNDS PRIMARY ENCLOSURE KENNEL HOU! WIDTH SQ FOOTAGE WIDTH SQ FOO' up to 15 2.0' 6.0 1.5' 3. ( Over 15 2.5' 10.0 2.0' 5. Over 35 3.0' 15.0 2.5' 7. Over 65 3.0' 18.0 2.5' 9. Over 95 3.5' 24.0 3.0' 12. to 35 to 65 to 95 to 130 Over 130 4.0' 32.0 3.5' 14. If a primary enclosure or kennel house contains more than o dog the minimum number of square feet required is the sum o the square feet requirements for each individual dog kept therein. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62.645.8. FEEDING. (a) Animals shall be provided food which shall be frc from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (b) Food receptacles shall be accessible to all anim and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. TI food receptacles shall be sanitized at least once every twc weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used fo feeding of dry food, and they shall be sanitized regularly prevent molding, deterioration or caking of feed. Sec. 62.645.9. WATERING. Clean potable water shall 1 available to the animals in conformance with the principle, good animal husbandry unless restricted for veterinary car( Watering receptacles shall be kept clean and shall be sani. at least once every two weeks. Sec. 62.645.10. SANITATION OF PRIMARY ENCLOSURES AND KENNEL HOUSES. (a) CLEANING. Excreta shall be removed from primary enclosures and kennel houses as often as necessary, at lea daily, to prevent contamination of the animals contained I 62.645.10 'I 0 e 9-86 therein and to reduce disease hazards and odors. When a hos or flushing method is used for cleaning, any animal containe in the enclosure shall be protected during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated wit water and other wastes. Rugs, blankets, or other bedding material shall be kept clean and dry. (b) SANITIZING. Prior to the introduction of animals into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided herein, Enclosures shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard, provided, however, that such enclosures shall be sanitized < least once every two weeks in the following manner: Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water (180 degrees Fahrenheit) and so4 or detergent or by washing all soiled surfaces with a deter solution followed by a safe and effective disinfectant, or cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand, or dirt shall be sanitized by removing soiled gravel, sand, or dirt and replacing it as necessary. (c) HOUSEKEEPING. Premises (buildings and grounds) s be kept clean and in good repair in order to protect the an from injury and to facilitate the prescribed husbandry practices. Premises shall remain free of accumulations of trash. (d) PEST CONTROL. An effective program for the contl of insects, ectoparasites, and avian and mammalian pests st be established and maintained . Sec. 62.645.11. EMPLOYEES. A sufficient number of caretakers shall be utilized to maintain the standards set forth in this section. Sec. 62.645.12. CLASSIFICATION AND SEPARATION. Anim housed in the same primary enclosure shall be maintained i compatible groups, with the following additional restricti (a) Females in season (estrus) shall not be housed i same primary enclosures with males, except for breeding purposes housed individually in a primary enclosure. (b) Any animal exhibiting a vicious disposition shal (c) Puppies or kittens shall not be housed in the si primary enclosure with adult dogs or cats other than theiy dams, except when the owner specifically requests they be housed together. I e 0 62.645.12 3-86 (d) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals unl the owner specifically requests they be housed together. (e) Animals under quarantine or treatment for a communicable disease shall be separated from other animals a other susceptible species of animals in such a manner as to minimize dissemination of such disease. Sec. 62.645.13. RECOHDS. The kennel operator shall ke available for inspection on the premises a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel, the description of animal, including its age (if known) or approximate age, bre sex and color. As a part of such record, a current valid rabies certificate or other written proof of vaccination, verified by phone, shall be maintained for each dog required be vaccinated by this Chapter, showing the dog owner's name, address, and telephone; the dog's name and description, including breed, color, sex, month and year of birth; the da of vaccination; and the name and telephone-of the veterinari who vaccinated the dog or telephone of the' licensing agency verifying the vaccination. In addition, each kennel operatc shall have someone in attendance at the kennel who can ident each animal in the kennel, except that animals under four months of age may be identified as to litter. Sec. 62.646. VACCINATION REQUIRED FOR INDIVIDUAL DOGS, kennel operator shall not be required to obtain the individr licenses imposed by this chapter for each dog in his/her ker for which the kennel license is obtained; however, each kenr operator shall ensure that each dog in his/her kennel is vaccinated as required by this chapter. Sec. 62.647. KENNEL INSPECTION. Because of the need t adequately protect animals within kennels from unhealthy conditions and practices and the interests of society in curbing and preventing inhumane practices, reasonable inspection requirements dictate that Department officers shi have the right to inspect at reasonable times. As a conditj of the issuance of a kennel license, each operator shall ag' to allow such inspection; such acknowledgement shall be madl part of the application and file. Each kennel for which a kennel license has been issued shall be inspected at interv, determined by the Department. , 62. e a 9-86 Sec. 62.648. VIOLATION. Any person who violates any provision of this Article or of the Uniform Licensing Procec (Sections 16.101 through 16.115) of this Code is guilty of misdemeanor. Any act or omission by a kennel operator in contravention of these requirements, or of any of the conditions and/or restrictions of the issued license, shall grounds for and shall authorize the suspension and/or revocation of the kennel license independently of any crimi prosecution or the results thereof. The Director may suspe or revoke the kennel license irrespective of the pendency o any criminal proceedings, and prior to the initiation there 'I 1 e 0 62.660 9-86 ARTICLE 6 CONTROL PROVISIONS Sec. 62.660. PRESUMPTION OF RESPONSIBILITY FOK VIOLATION. (a) In any prosecution involving an animal charging a violation of any provision referred to in Section 62.661 of this Code, proof by the People of the State of California thi the particular animal described in the complaint was found 11 violation of any provision of said sections, together with proof that the defendant named in the complaint was at the t of the alleged violation the owner of the animal, shall constitute prima facie evidence that the owner of the animal was the person responsible for the violation of said provisic involving said animal. However, for the purpose of this section proof that a person is the owner of said animal is nc prima facie evidence that he/she has violated any other provision of law. (b) The presumption created by this'section shall be nullified when the person charged has made a bona fide sale transfer and has complied with the requirements of Section 62.624, or Section 62.674 for d vicious dog, prior to the da of the alleged violations and has advised the court of the n and address of the purchaser, and of the date of sale. Sec. 62.661. ENFORCEMENT PROVISIONS. (a) The Department, each agent or deputy thereof who i assigned to duties which include the enforcement of animal regulation laws and any peace officer are responsible for enforcing the provisions of this Chapter, Sections 16.101 through 16.115 of this Code, Section 148 of the Penal Code, any law relating to or affecting animals of the State of California, the County of San Diego or any city in which the Department provides animal control services. who is assigned to duties which include the enforcement of rabies control and sanitation laws are responsible for enforcing Section 148 of the Penal Code and the following provisions of this chapter: (1) Article 2 (commencing with Section 62.610) (2) Sections 62.665, 62.667, 62.668(d) and (e), (b) The Health Officer and each agent or deputy therec 62.670, 62.672, 62.674, 62,675, 62.681, 62.6 (c) The County Veterinarian and each agent or deputy thereof who is assigned to duties which include the enforce of the provisions of the California Food and Agricultural C relating to the health and sanitary surroundings of livesto poultry, and rabbits are also responsible for enforcing Sec 1,48 of the Penal Code and the following provisions of this Code: 0 8-78 0 62.660 and has complied with the requirements of Section 62.624 of : Code prior to the date of the alleged violations and has advi court of the name and address of the purchaser, and of the da of sale. Sec. 62.661. ENFORCEMENT PROVISIONS. (a) The Department, each agent or deputy thereof who 1 assignedto duties which include the enforcement of animal ret laws and any peace officer are responsible for enforcing the visions of this chapter and the following provisions of statc each of which is incorporated herein by this reference: (1) California Administrative Code: Title 17, Sections 2606 to 2606.8. (2) Food and Agricultural Code: (A) Article 1 (commencing with Section and Article 2 (commencing with Sect of Chapter 7, Division 9, Part 1. (B) Section 17121 (3) Health and Safety Code: (A) Chapter 3 (commencing with Section of Division 3. (B) Chapter 13 (commencing with Sectior of Division 20. (4) Penal Code: Section 148. (5) Any penal law of the State of California relz (b) The Health Officer and each agent or deputy therec assigned to duties which include the enforcement of rabies ( and sanitation laws are responsible for enforcing Section 11 the Penal Code and the following provisions of this chapter or affecting animals. (1) Article 2 (commencing with Section 62.610) (2) Sections 62.665, 62.667, 62.668 (d) and (e), 1 62.672, 62.674, 62.675, 62.681, 62.682. (c) The County Veterinarian and each agent or deputy who is assigned to duties which include the enforcement of provisions of the California Food and Agricultural Code re1 the health and sanitary surroundings of livestock, poultry, rabbits are also responsible for enforcing Section 148 of t Code and the following provisions of this Code: 0 0 8-78 62.64 SeC. 62.646. VACCINATION REQUIRED FOR INDIVIDUAL DOG: A kennel operator shall not be required to obtain the indiy licenses imposed by this chapter for each dog in his kenne which the kennel license is obtained; however, each kenne tor shall have each dog in his kennel vaccinated as requir this chapter and a certificate of vaccination for each dog be available for inspection. Sec. 62.647. KENNEL INSPECTION. Each kennel for whi kennel permit has been issued shall be inspected by the De at intervals determined by the Department. Sec. 62.648. INVESTIGATION OF SUSPECTED CASES. The ment, the County Veterinarian, and any peace officer may 6 upon privately owned land to investigate suspected cases 1 vicious dogs, rabies or other contagious canine diseases. SeC. 62.649. RULES AND RFGULATIONS. The Department with the approval of the Board of Supervisors, make such and regulations describing the location, construction, sa and maintenance of dog kennels as it deems necessary. Su and regulations shall not be effective until approved by t Board of Supervisors, A copy thereof shall be filed wit1 Office of the Clerk of the Board of Supervisors and with Department so that the regulations will be readily avail: inspection by members of the interested public. Sec, 62.650. (Repealed by Ord. No. 5200 (N.S.) Eff ARTICLE 6 CONTROL PROVISIONS Sec. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIC (a) In any prosecution involving an animal chargir violation of any provision referred to in Section 62.661 Code, proof by the People of the State of California th4 particular animal described in the complaint was found of any provision of said sections, together with proof defendant named in the complaint was at the time of the violation the owner of the animal, shall constitute pri evidence that the owner of the animal was the person re for the violation of said provisions involving said ani However, for the pyrposes of this section proof that a the owner of said animal is not prima facie evidence tk violated any other provision of law. The presumption created by this section shal fied when the person charged has made a bona fide sale (b) 6 0 0 7-87 (1 ) Chapter 1 (commencing with Section 62.101) Division 2, Title 6. (2) Sections 62.610, 62.6141 62.616, 62.617, 6 62.646, 62.665, 62.667, 62.668(c), (dl and 62.672, 62.681, 62.682, and 62.683 of this Chapter. (dl Each of the individuals referred to in subsecti (a), (b) and (c) hereof shall cooperate to attain complia with and shall take appropriate action in the case of any violations of those provisions which they are responsible enforce. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62.662. ARREST AND CITATION. Each of the individuals referred to in Section 62.661 shall have the to make arrests without warrant in the manner prescribed Section 836.5 of the California Penal Code, for violatior those provisions of this chapter and of state law which t has a duty to enforce and to issue citations for such violations, Any person so arrested who does not demand t taken before a magistrate may instead be cited in the mar prescribed in Chapter 5C (commencing with Section 853.5) Title 3, Part 2 of the Penal Code. Sec. 62,663. DOG LICENSE VIOLATIONS: DISMISSAL ON OF CORRECTION: FALSE OR FICTITIOUS INFORMATION. (a) Whenever a person is arrested for a violation 4 62.620 of this Code and the officer issues a Notice to A] the officer shall note on the form that the charge shall dismissed on proof of correction unless a disqualifying condition as set forth in subdivision (b) exists. If th arrested person presents, by mail or in person, proof of correction as prescribed herein, on or before the date o the person promised to appear, the court shall dismiss t violation or violations. Proof of correction shall consist of a certificatio the Department or by any clerk or deputy clerk of a cour the alleged violation has been corrected. 1 0 62.663 7-87 (b) A Notice to Appear shall be issued as provided in subdivision (a), unless the officer finds any of the followi disqualifying conditions: (1 1 Evidence of fraud. (2) The person has been charged within the past o (1) year period with a violation of Section 62.620. (3) The violation involves a dog which has demonstrated a propensity to attack, bite or cause injury to a person; or, which otherwise presents an immediate safety hazard. (4) The person does not agree to, or cannot, (c) Any person who signs a Certificate of Correction w promptly correct the violation. a false or fictitious name or who presents as evidence of correction false or fictitious information is guilty of a misdemeanor . (Added by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62.664. AGREEMENTS - RULES AND REGULATIONS. For purpose of performing their duties under this chapter the Department or the County Veterinarian may, with approval of Board of Supervisors, negotiate agreements, and shall promulgate such rules and regulations as they may deem prope and necessary. Sec. 62.665. INVESTIGATIONS. The Department, the Coun Veterinarian, the Health Officer, and any peace officer, may enter private property to investigate reports of vicious dog rabies, or other contagious animal diseases, and to investig possible violations of and enforce the provisions of this Chapter, Sections 16.101 through 16.115 of this Code, Sectio 148 of the Penal Code, and any law relating to or affecting animals of the State of California, the County of San Diego any city in which the Department provides animal control services. Sec. 62.667. EPIDEMICS. Either the Health Officer or County Veterinarian may determine and declare that an epidem or other unusually dangerous health situation exists among t animals in the County. Upon the making of such a declaratio the Health Officer or the County Veterinarian shall prepare promulgate, with the approval of the Board of Supervisors, s rules and regulations as are necessary for the conduct of a1 persons within the area where the dangerous condition exists These rules and regulations may include, but are not limited > 7-a 7 0 e 62. to, quarantine, vaccination, and destruction of diseased, exposed Or stray animals by humane methods. It shall be tt- duty of the Department, the County Veterinarian, and the Fie Officer to cooperate in the enforcement of such rules and regulations. owners or keepers must comply with the following conditions animal ownership, and the Department or the County Veterinl: may require as a condition of licensing such owners or keel to sign permit or license applications agreeing to comply such cond i t ions : (a) Animals shall be restrained or confined as requi Sec. 62.668, CONDITIONS OF ANIMAL OWNEKSHIP. Animal by law. (b) Animals shall be humanely treated at all times. (c) Vaccinations, licenses, and permits shall be obt as required by law. (d) Animal premises shall be kept sanitary and shall constitute a fly breeding reservoir, a source oE offensive odors or of human or animal tiisease. (e) Animals and animal premises shall not be permitt disturb the peace or constitute a public nuisance or hazai Any person who violates any provision of subsections (dl c of this section is guilty of a misdemeanor. shall at all times prevent their dogs from being at large from being in violation of other sections of this Code. However, dogs may be at larye while participating in fielc trials and obedience classes organized and sanctioned by recognized dog clubs, while assisting their owner or trai legal hunting or in herding of livestock, while assisting peace officer engaged in law enforcement duties, or while trained for the above purposes on private land with perini of the landowner8 so long as such dogs are under direct a affective voice control of such individuals to assure tha do not violate any other provision of law. Any person wh violates any provision of this section is guilty of a m i sd emeanor . Sec. 62.669. RESTRAINT OF DOGS BY OWNER. Dog owner5 Sec. 62.669.1. PUBLIC PROTECTION FROM DOGS. Dog owr shall at all times prevent their dogs from biting or harz any person engaged in a lawful act and from interferinq L the lawful use of public or private property. Any persor violates any provision of this seation is guilty of a rn i sd eme a no I:. a 0 0 62.669.5 7-87 Sec. 62.669.5. VICIOUS OR DANGEROUS ANIMAL. (a) Any person owning or having custody or control of vicious dog or any dangerous animal is guilty of a misdemeai if, as a result of that person's failure to exercise ordinal care, the animal injures or shows the disposition, tendency propensity to attack or cause injury to a person engaged in lawful activity and the owner or custodian knew or should h known of the vicious or dangerous nature or propensity of t animal. (b) This section does not apply to animals used in military or policy work while they are actually performing that capacity. Sec. 62.670. COMMITTING NUISANCE. No person shall a1 a dog in his/her custody to defecate or to urinate on prop€ other than that of the owner or person having control of tk dog. It shall be the duty of all persons having control of dog to curb such dog and to immediately remove any feces tc proper receptacle. Unsighted persons while relying on a gi dog shall be exempt from this section. (Amended by Ord. Nc Sec. 62.671. FEMALE DOGS IN SEASON (ESTRUS). Dog ow1 shall securely confine their female dogs while in season (estrus) within an enclosure in a manner that will prevent attraction of male dogs to the immediate vicinity. Sec. 62.672. DISTURBING THE PEACE PROHIBITED. No pe shall own or harbor an animal in such a manner that the pe or quiet of the public is unreasonably disturbed. The kee or maintenance, or the permitting to be kept or maintained any premises owned, occupied, or controlled by any person any animal or fowl which, by any frequent or long continue noise, shall cause unreasonable annoyance or discomfort tc person of normal sensitivity in the vicinity shall constit violation of this section: provided, however, that nothina contained herein shall be construed to apply to reasonable noises emanating from legally operated veterinary hospital humane societies, animal shelters, farm and/or agriculturi facilities, or areas where keeping of animals or fowls arc permitted. Any person who violates any provision of this section is guilty of a misdemeanor. Sec. 62.673. INHUMANE TREATMENT AND ABANDONMENT. Nc person shall treat an animal in a cruel or inhumane manne willingly or negligently cause or permit any animal to su unnecessary torture or pain. No person shall abandon any domestic animal without care on any public or private pro Any person who violates any provision of this section is of a misdemeanor. 7309 (N.S.) Eff. 7-2-87) . 62 -674 SeC. 62.674. DECLARATION AND POSSESSION OF VICIOUS DO e 0 7-87 (a) GENERAL PROVISIONS. 1. If the Department has cause to believe that dog is a "vicious dog" within the meaning of 62.601(ff)(l) or (21, it may find and declar such a dog a "vicious dog." 2. Upon finding and declaring that a dog is a "vicious dog," the Department shall notify t owner and/or possessor of the Department's finding and declaration. 3. The notice shall inform the owner and/or possessor of that dog that he/she may requek hearing within five (5) working days to con? the finding and designation. 4. Failure of the owner and/or possessor to re( a hearing pursuant to subsection (3) shall result in the declaration-becoming final. 5. A finding at the hearing that the dog does within subsections (1) or (2) of Section 62 (ff) shall result in the declaration becomi final. 6. The Department is hereby authorized and empowered to impound and/or abate any "vici dog" independently of any criminal prosecut or the results thereof by any means reasona necessary to ensure the health, safety and welfare of the public including, but not li to, the destruction of the dog or by the imposition upon the owner and/or possessor specific reasonable restrictions and condit for the maintenance of the dog. The restrictions and conditions may include, br not limited to: a. Obtaining and maintaining liability insurance in the amount of one hundrec thousand dollars ($700,000) and furnii a certificate or proof of insurance b; which the Department shall be notifie least ten (10) days prior to cancella or non-renewal or, at the owner's opt the filing with the Department of pro a bond in the amount of thirty-five thousand dollars ($35,000), to be ab1 respond to damages. a * 62.674 7-8? b, Requirements as to size, construction and c. Location of the dog's residence. d. Requirements as to type and method of design of enclosure. restraints and/or muzzling of the dog. e, Photo identification or permanent marking of the dog for purposes of identification f. Payment of a reasonable fee to recover th costs of the Department in verifying compliance and enforcing the provisions o this section. The Department may also commence proceedings in accordance wj the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 of this Code. (b) NOTIFICATION OF RIGHT TO HEARING, At least five ( working days prior to the impoundment and/or abatement, the owner or custodian of record shall be notified of their righi to a hearing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, th impoundment and/or abatement hearing may be held in conjunct with the hearing provided for in subdivision (a) of this section. If the owner or custodian of record requests a hearing prior to impoundment and/or abatement, no impoundmen and/or abatement shall take place until the conclusion of th hearing except as noted in (c). (c) IMMEDIATE IMPOUNDMENT. When, in the opinion of tl Department, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, if the dog has been impounded under other provisions of thi: Code or State law, the pre-impoundment hearing shall be wai however, the owner or custodian of record shall be given a notice allowing five (5) working days to request an abateme hearing. If requested, a hearing shall be held within five days of the request, and the dog shall not be disposed of p to the conclusion of the hearing, If, after five (5) worki days, no request for a hearing is received from the owner o custodian of record, the dog in question shall be disposed under applicable provisions of law. (dl CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. Owners of a vicious dog who sell or otherwise transfer the ownership, custody or residence of the dog shall at least t (10) days prior to the sale or transfer, inform the Depart1 in writing of the name, address and telephone of the new 01 custodian and/or residence and the name and description of 62 0 a L 1' 7-87 dog. The owner shall, in addition, notity the new owner custodian in writing of the details of the dog's record, and conditions of maintenance and provide the Department copy thereof containing an acknowledgment by the new own custodian of his/her receipt of the original. The Depar shall notify the new owner or custodian in writing of an different or additional restrictions or conditions impos pursuant to subsection (a) 6 as a result of the change o ownership, custody, or residence, (e) POSSESSION UNLAWFUL. It is unlawful to have c of, own or possess a vicious dog within the meaning of 6 (ff) (1) or (2) whether or not the dog has been declared "vicious dog" by the Department, unless it is restrained confined, or muzzled so that it cannot bite, attack or c injury to any person. (f) DECLAHEL) VICIOUS DOG. It shall he unlawful to owner and/or possessor ot d dog declared vicious pursuan subsection (a) to fail to comply with any requirciricnts o conditions imposed pursuant to subsection (a)(b). If a declared "vicious dog" escapes, the owner/possessor shal immediately notify the Department and make every reasona effort to recapture it. (g), VIOLATION. Any person who violates any provis this section is guilty of a misdemeanor. (Amended by Ord. No. 7309 (N.SJ Eff. 7-2-87) Sec. 62.675. COMPLAINTS. Upon receiving a complai an identified person alleging a violation of this chapte upon receiving the name and address of the owner of the if known, an investigation to determine whether a violat exists may be made. If the investigation discloses a vi of this chapter, prosecution may be initiated against th owner. Complainants' identities shall be kept confident the extent permitted by law. Sec. 62.676. CAPTURE: OF ANIMALS AT LAKtiK. (a) The Dapartiuent, peace otficers and persons emk for animal reyulation purposes by the local governing bc shall attempt to capture any aniinal found at large in vi of this Code and may destroy an animal at large if, in t judgment, such action is required for public health and The Department shall not seize or impound any dog, howet bsinq at large that has strayed from, but then returned private property of its owner or the person who has a ri control the dog, but in such case a citation may be issL provided, however, that if in such a situation the owner person who has a right to control the dog is not home, t may be impounded, but the Department shall post a notice such impounding on the front door of the living unit of 0 0 x L* 62.676 7-87 owner or person who has a right to control the dog. Such notice shall state the followinq: That the dog has been impounded, where the dog is being held, the name, address, ar telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimz disposition of the dog if no action to regain it is taken within a specified period of time by its owner or by the per: who has a right to control the dog. (b) Any person who finds an animal at large may take it into his/her possession and must as soon as possible, but no later than twenty-four (24) hours thereafter, notify the Department. He/She shall surrender the animal to the Department upon demand. No such action shall result in a charge against the County. The finder of the animal at largc shall use reasonable care to preserve it from injury; howeve he/she shall not be held liable if the animal dies, escapes i injures itself while he/she is carrying out the provisions o this section. Sec. 62.677. RELINQUISHING AN ANIMAL'. Any person who relinquishes an animal to the Department shall give his/her name, address and, if he/she is not the owner, the location where the animal was found. Sec, 62.678. NOTIFICATION OF OWNER - RIGHT TO HEARING. Upon impoundment of an animal wearing a license tag, or identification listing the owner's name and address, the Department shall immediately mail to the owner of record at address indicated, a notice of the location of the animal. The owner of an impounded animal shall be notified that he/she may within five (5) working days request a hearing as the legality of the impoundment. If requested, the hearing shall be held within five (5) working days of the date of the request. The time during wk the animal shall not be disposed of other than by return to owner shall be extended until the conclusion of the hearing. If at the conclusion of the hearing, the impoundment is foul to be unjustified the animal shall be returned to the owner without charge. If the animal is returned to the owner pric to the hearing, any fees paid by the owner to the County as result of an unjustified impoundment shall be refunded to tl owner. (Amended by Ord. No. 7309 (N.S.) Eff. 7-2-87) Sec. 62.679. RETURN OF ANIMALS TO THEIR OWNERS. The owner of an impounded animal may claim it prior to its lega: disposition by providing proper identification, meeting all requirements, and paying the applicable redemption fees. 62. e 0 . )* 7-87 Sec. 62.680. HOLUING PEHIOD, DISPOSITION AND ALTERIN (a) The Department shall hold an impounded lost or s dog for not less than three (3) working days if it was not wearing d license tag when impounded, and for not less tha five (5) working days if it was wearing a license tag, 0th identification, or the Department has other reason to beli that an owner exists, or that the owner or custodian may c it prior to other disposition. transfer to a new owner upon payment of the applicable fee impounded animal not claimed by its owner or custodian wit the prescribed holding time. A dog wearing license tag wh impounded, or a dog relinquished by its owner, shall not k transferred for the purpose of medical research without tk‘ written consent of the owner. Animals relinquished by the owners may be destroyed or transferred to a new owner with regard to any prescribed holding time. Injured or disease animals may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering OK protect other impounded animals from exposure to a contag d isease . (c) Any dog not claimed by its owner and which has I been altered shall not be sold or given away, other than approved medical research unless the cost of altering sucl has been deposited with the Department to be refunded upor presentation of proof of altering by a licensed veterinar The Director may waive the altering deposit requiremc for a State chartered Humane Society when that society ad( animals under the following conditions: (1) Humane Society representative can initiate “Humane Society Hold” on any dog in any of San Uiego County shelters. a. Such dogs will be held by the Departm for five (5) working days for identif dogs and three (3) working days for unidentified dogs, pursuant to State and County ord inance . adoption hold on any such dog: such h will take precedence over Humane Soci Holds . c. County will notify Humane Society whc (b) The Department may dispose of humanely or may b. Private citizens may adopt or put an hold period has expired . 0 0 , ‘1 ’ 7-87 62.680 d. Dogs not picked up by Humane Society withi twenty-four (24) hours after notification of the expiration of the hold may be destroyed. (2) Humane Society will maintain custody of such dogs for adoption by public and will maintain and care for said dogs until such dogs are adopted or destroyed. (3) The Humane Society shall, at its own expense (subject to potential reimbursement from the adopting person), alter all such dogs; or require the adopting person to alter the dog within the period specified in (e) and make a necessary deposit to be refunded directly to t depositor upon presentation of proof of alteri by any licensed veterinarian. Humane Society until adopted by public in a properly constituted kennel including necessar veterinarian supervision. (5) Bumane Society shall not knowingly allow dogs be adopted by a private party or business for guard dog purposes. include adoption for the purpose of law enforcement service . (6) Humane Society will pay the prevailing County adoption fee and the cost of all medication/ shots given to the dog while in County impoundment. (4) All adopted animals shall be maintained by This provision does not (dl Any cat not claimed by its owner and which has not been altered shall not be sold or given away? other than for approved medical research, unless the cost of altering such has been deposited with the Department, to be refunded upon presentation of proof of altering by a licensed veterinariai (e) The individual adopting any cat or dog under the terms of subsections (c) and (d) shall have the altering performed within sixty (60) days from the date of adoption unless the animal is under six (6) months of age at the tim adoption. In such case, the individual shall have the alte performed within six (6) months from the date of adoption. Failure to complete the surgery within the above-specified period or the transfer of ownership of a cat or dog over si (6) months of age prior to altering, shall constitute a misdemeanor. 62 .6 e 0 I .I * 7-87 (f) The deposit required by (c) and.(d) above shall b forfeited to the County if proof of altering has not been presented to the Department within the period specified in above. Such forfeited deposits shall be deposited in a trc fund to be utilized by the Department to defray the cost of materials, supplies, equipment, and other expenses incident to the conduct of the public educational program to promote responsible pet ownership and the altering of pets to prevc animal overpopulation. Sec. 62.681. WILD ANIMALS. (a) GENERAL PROVISIONS. It shall be unlawful for an] person to own, possess or maintain any wild animal unless he/she complies with all federal, state and local laws, regulations, and permit requirements affecting such animal The owner shall also: 1. keep the animals at all times in cages or enclosures of such size and construction or confined in such a manner as to preclude th possibility of escape. Such cages, enclosu or confinement shall be of such size as to permit the animals reasonable freedom of movement: 2. keep the cages or enclosures in a clean an< sanitary condition at all times; 3. provide the animals with adequate food, wal shelter, and veterinary care; 4. keep the animal(s1 in a manner so as not tl threaten or annoy any person of normal sensitivity. (b) ADDITIONAL PROVISIONS. The owner shall, in add 1. Take adequate safeguards to prevent unauth access to the animals and to preserve anin public health, safety, and welfare. In th event of an escape, immediately notify the Department and make every reasonable effot recapture the animal (s) ; 2. upon request by the Department make his/hc animal(s), premises, facilities, equipment any necessary permit( s) available for ins! for the purpose of ascertaining complianci the provisions of this section; ' .I ' 0 a 62.681 7-87 3. reimburse the Department for all costs incurred in enforcing the provisions of this section whc a violation is found, and shall be responsible for any injury, or any darnage to private or public property caused by the animal(s1. (c) LOCATION AND TRANSPOHTATIUN. Such animals shall be kept upon or transported in escape-proof enclosures to privatt property which the animals' owner or the person who has a rig1 to control the animal, owns or has a right to possess or use. All other transportation is prohibited unless authorized by t' Depart me n t . (d) EXCEPTIONS. Subsections (b) and (c) of this sectio do not apply to: 1. Small birds that attain an adult weight under fifteen (15) pounds, small rodents that attain an adult weight under ten (10) pounds, fish, invertebrates, amphibians or reptiles except f the following reptiles: all crocadilians (Urd Crocodilia); all venomous snakes of the cobra (Elapidae), seasnake (Hydrophidae), and viper (Viperidae) families; all "rear fanged" snakes (Family Colubridae); all boa and python specie (Family Boidae) that attain an adult weight ov fifteen (15) pounds or an adult length over three and one-half (3-1/2) feet; all lizards c the Family Helodermatidae (gila monsters and Mexican beaded lizards); and all monitor lizai species (Family Varanidae) that attain an adul weight over ten (10) pounds or an adult overal length over three (3) feet. 2. Legally operated zoos or circuses or to recognized institutions of learning or scientific research unless by reason of inadequate caging or other means of protectior of the public from such animals, or by the ineffectiveness of sanitation measures or by particular hazard connected with the animalfs involved, animal or public health, safety or welfare will be endanqered. (e) IMPOUNDMENT AND/OR ABATEMENT. The Department may impound and/or abate any animal held in violation of this section and relocate or dispose of it in a humane manner or impose specific reasonable conditions and restrictions for t maintenance of the anirnal(s). At least three (3) working da prior to the impoundment and/or abatement, the owner shall b notified of his/her right to a departmental hearing as to whether the animal is being held in violation of this sectic , 1 0 0 62 If the owner requests a hearing prior to impoundment and/c abatement, no impoundment and/or abatement shall take pLac until the conclusion of the hearing except as provided tier If, in the opinion of the Department, immediate impoundmer necessary for the preservation of animal or public health, safety, or welfare or if the animal has been impounded uni other provisions of this Code or State law, the pre-impom hearing may be dispensed with; however, in such cases, thc owner shall be given three (3) working days notice of his to a hearing as to whether the animal was being held in violation of this section. If requested, the hearing shal held within five (5) working days of the request, and the animal shall not be disposed of prior to the conclusion oj hearing. If, at the conclusion of the hearing, the impoui is found not to be justified, the animal shall be returne the owner without charge. The Department may also commen proceedings in accordance with the Uniform Public Nuisanc Abatement Procedure contained in Chapter 2, Division 6, T of this Code. (f) VIOLATION. Any person who violates any provisi this section or who fails to comply with any condition or restriction imposed pursuant to subsection (e), is guilty misdemeanor. r 11 7-87 Sec. 62.682. PUBLIC NUISANCE. (a) GENERAL PROVISIONS. The introduction, possessi maintenance of any animal, or the allowing of any animal in contravention of this chapter is in addition to being violation, hereby declared to be a public nuisance. The Department, the Health Officer, the County Veterinarian i peace officers, are hereby authorized, directed and empok to summarily abate any such public nuisance independent11 any criminal prosecution or the results thereof by any mb reasonably necessary including but not limited to the destruction of the animal or animals involved, or by the imposition of specific reasonable conditions and restrict for the maintenance of the animal(s1. Failure to comply such conditions and restrictions is a misdemeanor. The ' shall reimburse the Department for all costs incurred in verifying compliance and enforcing the provisions of thi section. The Department may also commence proceedings i accordance with the Uniform Public Nuisance Abatement Prl contained in Chapter 2, Division 6, Title 1 of this Code working days prior to the impoundment and/or abatement, owner or custodian of record shall be notified of their to a hearing to determine whether grounds exist for such impoundment and/or abatement. If the owner or custodian record requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take pl until the conclusion of the hearing except as noted in ( (b) NOTIFICATION OF RIGHT TO HEARING. At least fi . .I * 1 e e 62.682 7-8' fc) IMMEDIATE IMPOUNDMENT. When, in the opinion of the Department, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, a if the animal has been impounded under other provisions of th Code or State law, the pre-impoundment hearing shall be waive However, the owner or custodian of record shall be given a notice allowing five (5) working days to request an abatement hearing. If requested, a hearing shall be held within five I days of the request, and the animal shall not be disposed of prior to the conclusion of the hearing. If, after five (5) working days, no request for a hearing is received from the owner or custodian of record, the animal in question shall b< disposed of under applicable provisions of law. person shall knowingly harbor or keep any dog or other anima with a serious injury or afflicted with mange, ringworm, distemper or any other contagious disease, unless such dog o other animal is, in the opinion of the Department or the Cou Veterinarian, being given adequate treatment for such diseasl The Department or the County Veterinarian may take immediate possession of any such animal not being so treated or which not responding to such treatment, and immediately dispose of the animal unless the owner shall forthwith place such anima under the control and treatment of a licensed veterinarian. Any person who violates any provision of this section is gui of a misdemeanor. Sec. 62.683, INJURIES AND COMMUNICABLE DISEASES. No Sec. 62.684, HEARINGS. (a) All hearings required pursuant to this article she be conducted by the Director personally or by a designated employee who shall not have been directly involved in the subject action. Hearings shall be held not more than thirtj (30) days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consisl with due process of law. A hearing may be continued if the hearing officer deems it necessary and proper or if the ownt or custodian shows good cause. The Director or the designai employee shall render a brief written decision which shall 1 final. The failure to conduct a hearing required by this article shall have no bearing on any criminal prosecution fc violation of any of the provisions of this article. (b) Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues eve though that matter was not covered in the direct examinatio to impeach any witness regardless of which party first call the witness to testify; and to rebut the evidence against t party. behalf, the owner/custodian may be called and examined as i under cross-examination. If the owner/cust'odian does not testify in hidher I 6 0 e \ ,I + 7-87 (c) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to re the conduct of serious affairs, regardless of the existenc any common law or statutory rule which might make improper admission of such evidence over objection in civil actions Hearsay evidence may be used for the purpose of supplement or explaining any direct evidence but shall not be suffici in itself to support a finding unless it would be admissit over objection in civil actions. The rules of privilege E be effective to the same extent that they are now or herea may be recognized in civil actions and irrelevant and undL repetitious evidence shall be excluded. (Amended by Ord. 7309 (N.S.) Eff. 7-2-87) Sec. 62.685. PROTECTION DOGS/OPERATORS. A protectic operator as defined in Section 7521 of the Business and Professions Code shall, in addition to State Code requirer register their name and file a copy of their State identification card with the Department. Such notificatic shall be mailed not more than fifteen (15) days from recej State identification card. In addition to compliance wit1 the State Codes, protection dog operators shall notify the Director prior to, but not more than fifteen (15) days bef the placement of a protection dog on assignment. A "proti dog" as defined in Section 7521 of the Business and Profe, Code means "any dog trained to guard, protect, patrol or 1 any premises, area or yard, or any dog trained to protect defend or guard any person or property with or without thl necessity of direct human supervision." In addition to S Code requirements, the sale, transfer to use of a vicious as defined in Section 62.601 (ff) for protection dog purp is prohibited. section is guilty of a misdemeanor. Any person who violates any provision of -- * NOTICE OF PUBLIC HEARING a , 1) * ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will ho public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, Cali at 6:OO P.M., on Tuesday July 11, 1989, to consider by reference the amended San Diego County Code of Regulatory Ordinances for Rabies and Animal Control Regulation. Copies of the Regulations which will be adopted by reference are on file in Office of the City Clerk and are open to public inspection. APPLICANT: City of Carlsbad PUBLISH : June 30, 1989 CARLSBAD CITY COUNCIL a ** 4 GULATORY ORDINANCES FOR RABIES, d 0 M C -4 $4 rd Q) d CJ ENDED ACTION: 4 vi P 3 a Code by reference. w ITEM EXPLANATION v) The City adopts those portions of the County Code deal P Q) rabies, animal control and regulation by reference. Th +-I Code was amended on July 2, 1987 but this amendment u a, incorporated into the Carlsbad Municipal Code. This rev c, rd the City code would bring the two codes into conformance. fi a, FISCAL IMPACT .G u Title the ordinance by the first reading and.set a public for Ordinance No. T\s - 3 (p adopting the amended San Dieg &I 0 u a, a a) u CJ fiscal impact. The changes are technical in nature and result in no for al &I .rl a 4 \o + I VI 2 a k 0 a a, CJ 1 a. om kco urn 6-I -4 dd -4 -I V Ch 34 03 u+J m EXHIBIT Ordinance No. NS- 7 b n co 0 CY \ \o \ 6 4 i 0 z 3 0 0 a w *I .'* J 't Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Son Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (61 9) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entit I am principal clerk of the printer of the Carlsbad Journal a newspaper of general published twice weekly in the City of Carlsbad, County of San Diego, State of California, newspaper is published for the dissemination of locat news and intelligenceof a general chc which newspaper at all times herein mentioned had and still has a bona fide subscription Ii: subscribers, and which newspaper has been established, printed and published at regular the said City of Carlsbad, County of San Diego, State of California, for a period exceeding or preceding the date of publication oi hereinafter referred to; and that th which the annexed is a printed cop. published in each regular and entire I newspaper and not in any supplemer the following dates, to-wit: NOTICE OF PUBLIC HEARING ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE NOTICE IS HEREBY GWEN that the City Council of the Ci@ of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 600 P.M., on Tuesday, July 11, 1989, to consider by reference the amended San Diego County Code of Regulatory Ordinances for Rabies .............................. and Animal Control Regulation. Copies of the Regulations which will be adopted by reference are on tile in the Office of the City Clerk and are open to public inspection. Applicant City of Carlsbad CARLSBAD CITY COUNCIL CJ 5756: June 30.1989 June 30 .............. ............ -, .............................. .............................. .............................. I certify under penalty of perjury that the fore] correct. Executed at Carlsbad, County of Sar California on the 30th day of -%- 4 Clei #202-2M-12/87