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HomeMy WebLinkAbout1991-08-06; City Council; 11287; ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCEI -4 u P rl u 0 1 a u aJ (II P a, k aJ u u (d B ,.c aJ 3 ; 2 5 r= 2 u F k a, \ 2 $ a a (d g z (p vi - a- 0 &k u aJP a c 2 a aJa, a % 's g ' P c Q 3 v,.c 2 \ cn u a$ de aJd urn QL 5E $ u 4rn u rlbo -4 d u -4 1(d cd Oal d \r, \ a3 z 0 a A I- o o z 3 0 o L ; L, CITYOF CARLSBAD - AGEND~ILL s AB # /$a87 TITLE: I MTG. 8-6-91 ADOPTION OF COUNTY ANIMAL CONTROL ( I POL REGULATIONS BY REFERENCE DEPT. RECOMMENDED ACTION: Introduce Ordinance No.()S- lb3 at the first reading and set a public hearing for adoption of the amended San Diego County Code by reference. ITEM EXPLANATION: The agreement between the City of Carlsbad and the County of San Diego for tht provision of animal control services requires that the City adopt the San Diego Cc Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7 dealing with animal control. On May 21, 1991, the San Diego County Board of Supervisors adopted an ordini amending portions of the County code related to animal control effective June 20 1991. Therefore, Chapter 7.08 of the Carlsbad Municipal Code must be amende adopt the newly amended provisions of the County. Most of the revisions involve non-substantive language and format changes. However, there are several notable changes concerning public nuisance animal$ vicious dogs, and authority to enforce a newly enacted state law pertaining to, am other things, impoundment of neglected or abandoned animals. Further explana of the changes is included in Exhibit 2. A certified copy of the adopted County code will be kept on file in the City Clerk's for public inspection. FISCAL IMPACT: None. EXHIBITS: 1. Ordinance No. as- 1(03 . 2. Copy of "Revisions to Chapter 6" and "Explanation of Amendments" prepared San Diego County. 3. Copy of San Diego County Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7, as amended effective June 20, 1991, provided by San Diego County. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF SECTION 7.08.010, TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH RABIES, ANIMAL CONTROL AND REGULATIONS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 7, Chapter 7.08 of the Carlsbad Municipal Code is amended by the amendment of Section 7.08.010 to read as follows: "7.08.010 Adopted by reference. Title 6, Division 2, Chapters 6 and 7 of the San Diego County Code of Regulatory Ordinances, as amended through June 20, 1991, relating to rabies, animal control and regulation is adopted by reference and incorporated as part of this code, except that wherever the provisions thereof refer to a county of San Diego board, territory, area, agency, official, employee or otherwise, it shall mean the corresponding board, territory, area, agency, official, employee or otherwise of the city, and if there is none, it shall mean that the county is acting in the same capacity on behalf of the city." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of August , 1991, ai the reaf te r PASSED AND ADOPTED at a regular meeting of the City COL day of L 1991, by of the City of Carlsbad on the following vote to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk - , EXHIBIT 2 0 1 REVISIONS TO CHAPTER 6 BACKGROUND INFORMATION: Most of the revisions involve non-substantive language and format changes. Howf there are several notable changes concerning public nuisance animals, "Vicious Dc and authority to enforce a newly enacted state law pertaining to, among other thii impoundment of neglected or abandoned animals. PUBLIC NUISANCE Section 62.682 was amended by specifying that certain animal premises maintainc violation of law may be subject to abatement action. The amendment would also prc consistency with existing enforcement authority by extending the basis for abate1 action to include contravention of "any law relating to or affecting animals". Additior this section was amended to clarify the available abatement remedies. This amendment will also delete the requirement to conduct a hearing relatir impounded public nuisance animals within five (5) days of the request to prc consistency with section 62.674. The amendment further specifies that the he requirements can be met even should the owner fail to attend a scheduled hearing. amendment also adds regulatory language pertaining to public nuisance animals v parallels related authority in section 62.674. Spavins/ Neuterinq Since unrestrained dogs which are not spayed or neutered contribute to th overpopulation problem, an amendment to this section will enable the Departmt require the altering of any dog found at large, in violation of law, three or more 1 This would be an additional component of the Department's efforts to contrt overpopulation caused by irresponsible owners. IMPOUNDMENT OF NEGLECTED/ ABANDONED ANIMALS Section 62.661 (a) (Enforcement Provisions) was amended by adding authority f Department to enforce the recently enacted Penal Code section 597.1. This legi: permits governing bodies of local agencies to elect one of two statutes relating to, s other things, impoundment of neglected animals. This amendment will provide authority for specified officers to seize any neglec abandoned animal under certain circumstances and will provide the owner or pos of any animal subject to impoundment under this section with notice of the seizu the right to a hearing. It will provide for the return, without charge, of any improperly seized. It will also provide that properly seized animals shall be deer be abandoned, if expenses are not paid within a specified period, or forfeitec conviction of the owner for a violation of this section. 1 0 0 The seizure provisions of existing Penal Code Section 597f were found to constitutionally invaljd for failure to provide the owner or possessor of an impounc animal a reasonable notice and hearing as required by the due process clause of Fourteenth Amendment (Carrera v. Bertaini [I 9761 63 Cal.App.3d 724, 134 CaLRptr. Until now, the legislature had not amended the invalid seizure provisions of 597f provided alternative seizure authority elsewhere. In the absence of this new authc seizure of animals protected by Title 14 would continue to be constitutionally invalic This legislation adds notice and hearing provisions consistent with constitutil standards. This legislation also represents a reasonable and common sense apprc which will protect the health and safety of animals as well as the rights of animal owr- VICIOUS DOGS Section 62.674 was amended by deleting the requirement to conduct a hearing reli to impounded "Vicious Dogs" within five (5) days of the request since time period hearings, unless specified elsewhere, are covered under section 62.684. The amendr further specifies that the hearing requirements can be met even should the owner f attend a scheduled hearing. The amendment clarifies that the owner or possessor of the "Vicious Dog" may no required to obtain a "Vicious Dog" registration, allow inspection of the dog an enclosure, and produce proof of compliance upon request. The amendment also p the department to prohibit a proposed transfer of a "Vicious Dog" for cause, as WI require notification and, upon request, verification of the death of a "Vicious ' Additionally, the amendment will require surrender of the dog to the Department demand. i 0 (I) MPlANATlON OF AMENDMENTS: NOTE: Several non-substantive language and format changes have made throughout the chapter. Section 62.601 Ctk "Kennei" was amended by clarifying that regulatory provisions apply to spe operations regardless of the purpose for which animals are kept or maintained. Section 62.601 (2) "Owner" was amended by clarifying that ownership is also established by a persor claims to be an animal's custodian and who takes custody of the animal. Section 62.602 "Violation - Infraction - Misdemeanor" was amended by classifying newly added se which are considered more serious than infractions. The impact of these violations in kind rather than degree from other offenses since they present a substantially g threat of harm to animal and/or public health, safety, or welfare. Additionally, this section was amended by permitting prosecutors to charge spt offenses, classified as misdemeanors, as infractions. This will provide flexibility in which present mitigating circumstances or other prosecutorial concerns. Section 62.61 0 "Vaccination Required" was amended by clarifying the persons responsible for corr with the mandatory duty and by adding the requirement for such persons to reti rabies vaccination certificate for inspection by the Department upon request. Section 62.61 5 "Reporting of Bites" was amended by clarifying that owners or custodians of animals of a species subject to rabies have a legal duty to notify specified agenl Section 62.620 "License Required" was amended by clarifying the persons responsible for com with the dog licensing requirements. Section 62.647 "Licensing Procedures" was amended by adding a reference to the code sectioi defines the affected activity. 1 e Section 62.645.1 2(el "Classification and Separation" was amended by adding a requirement for k operators to separate animals with substantial injuries from other animals. Section 62.661 (a) "Enforcement Provisions" was amended by adding authority for the Department to er the recently enacted Penal Code section 597.1. This legislation permits governing t of local agencies to elect one of two statutes relating to, among other t impoundment of neglected animals. This will provide authority for specified officers to seize any neglected or abani animal under certain circumstances and will provide the owner or possessor 1 animal subject to impoundment under this section with notice of the seizure and th to a hearing. It will provide for the return, without charge, of any animal impr seized. It will also provide that properly seized animals shall be deemed abandoned, if expenses are not paid within a specified period, or forfeited conviction of the owner for a violation of this section. The seizure provisions of the existing section 597f were found to be constitutionally for failure to provide the owner or possessor of an impounded animal a reasonable and hearing as required by the due process clause of the Fourteenth Amen (Carrera v. Bertaini 11 9763 63 Cal.App.3d 724, 134 Cal.Rptr.14). Until now, the legi! had not amended the invalid seizure provisions of 597f nor provided alternative s authority elsewhere. In the absence of this authority, seizure of animals protected t 14 will continue to be constitutionally invalid. Furthermore, any related prosc involving a seizure may be flawed. This legislation adds notice and hearing provisions consistent with constit standards. This legislation also represents a reasonable and common sense ap( which will protect the health and safety of animals as well as the rights of animal o Section 62.669 "Restraint of Dogs by Owner" was retitled "Restraint of Dogs Required" and amen( clarifying the persons responsible for restraint of dogs as well as permissible exce This section was also amended by adding a reference to the code section which ( the prohibited activity. Section 62.669.1 "Public Protection from Dogs" was amended by clarifying the persons respons preventing the prohibited harm. Section 62.669.5 * 0 * "Vicious or Dangerous Animal" was retitled and amended by adding misderne penalties for owners of "Protection dogs" which, under certain circumstances, attac cause injury to persons engaged in lawful activity. Section 62.671 "Female Dogs in Season (Estrus)" was amended by clarifying the persons respor for preventing the prohibited harm. Section 62.674 "Declaration and Possession of Vicious Dog" was amended by deleting the require to conduct a hearing relating to impounded "Vicious Dogs" within five (5) days ( request since time periods for hearings, unless specified elsewhere, are covered section 62.684. The amendment will further specify that the failure to attend, represented at a scheduled hearing shall satisfy the hearing requirements. The amendment will clarify that the owner or possessor of the dog may be requir obtain a 'Vicious Dog" registration, allow inspection of the dog and its enclosure, i produce proof of compliance upon request. The amendment will also pern department to prohibit a proposed transfer of a "Vicious Dog" for cause, as VI require notification and, upon request, verification of the death of a Vicious Additionally, the amendment wiil require surrender of the dog to the Department demand. Section 62.675 "Complaints" was amended by permitting an investigation upon receipt of a cor from an unidentified person. This provides consistency with other law enforc agencies which conduct investigations based on information from anonymous pe Section 62.676 "Capture of Animals At Large" was amended by replacing the mandatory duty to c animals at large with permissive authority. Section 62.678 "Notification of Owner - Right to Hearing" was amended by adding personal deli an alternative means of providing written notice of impoundment to known animal c This will also replace the duty to inform the owner of "the location of the anim notice that '?he animal is in the custody of the Department". This will ensure t keeping of certain Vicious Dogs" and public nuisance animals which, becau substantial securrty risk, may be held in undisclosed locations until the conchs hearing. - 1 e @ Section 62.679 "Return of Animals to Their Owners" was amended by clarifying that the right to clair impounded animal by paying the applicable redemption fee, etc., is limited to ani1 which are not subject to abatement action. The disposition of those animals is cov under sections 62.674 and 62.682. Section 62.680 "Holding Period, Disposition and Altering" was reformatted without substantive char Section 62.681 'Wild Animals" was amended by prohibiting the possession of any venomous rc Additionally, this section was amended by specifying that the failure to attend, ( represented at a scheduled hearing shall satisfy the hearing requirements. Section 62.682 "Public Nuisance'' was amended by specrfying that certain animal premises maint in violation of law may be subject to abatement action. The amendment will also pr consistency with existing enforcement authority by extending the basis for abatt action to include contravention of "any law relating to or affecting animals". Additic this section was amended by clarifying the available abatement remedies. amendment will also delete the requirement to conduct a hearing relating to impoL public nuisance animals within five (5) days of the request to provide consistenc section 62.674. The amendment further specifies that the failure to attend, represented at a scheduled hearing shall satisfy the hearing requirements. amendment will also add regulatory language pertaining to public nuisance animals parallels related authority in section 62.674. Since unrestrained dogs which are not spayed or neutered contribute to tP overpopulation problem, an amendment to this section will enable the Departrr require the altering of any dog found at large, in violation of law, three or more This will be an additional component of the Department's efforts to contr overpopulation caused by irresponsible owners. EXHIBIT 3 0 ORDINANCE NO. 7906 (NEW SERIES) Effective 6/; AN OQDINANCE AMENDING CHAPTER 6 OF DIVISION 2 OF TITI OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINAB RELATING TO ANIMAL CONTROL The Board of Supervisors of the County of San Diego do or( as follows: Section 1. Chapter 6 of Division 2 of Title 6 of the San D: County Code is hereby amended to read as follows: CHAPTER 6 ANIMAL CONTROL ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS Sec. 62.601. For the purposes of this chapter the follc (a) flALTERED1l for a female means having had the ovaries uterus surgically removed; an ovariohysterectomy. ffAlteredff 1 male means having had the testicles surgically removed. definitions shall apply: (b) !!AMBIENT TEMPERATUREf1 means the temperature surrour (c) ppANIMALpp shall include but not be limited to b (d) "AT LARGE" means being on any private property wi. permission of the person who owns or has a right to possess o the property; or unrestrained by a leash on either public prop1 unless expressly permitted by law, or private property open t public; or in any place or manner which presents substantial of imminent interference with animal or public health, safe welfare. the animal. fishes, reptiles, and non-human mammals. . (e) "BOARD OF SUPERVISORSpp means the County of San C Board of Supervisors. IICLERX OF THE BOARD OF SUPERVISORSIf means the Coun San Diego, Clerk of the Board of Supervisors, his/her agen deputies. (f) (4) plCOUNTYtl means the County of San Diego. , 0 0 (h) "COUNTY ANIMAL SHELTER" means a premises selected by Director of Animal Control as a suitable facility for requirements of this chapter. Veterinarian, his/her agents or deputies. urinates or defecates only in the street gutters. "DANGEROUS ANIMAL" means any animal of a species or t likely to cause injury to a person, or any animal which demonstrated a propensity to attack or cause injury to a persi *'DEPARTMENTf1 means the County of San Diego, Departmen (i) llCOUNTY VETERINARIAN1' means the County of San Di6 (j) 'ICURB" means to so restrain or control an animal that (k) (1) (m) llDIRECTOR1l means the County of San Diego, Directoi (n) IIDOGtl means a Canis familiaris of either sex, altere unaltered; or any other member of the Canis genus if owned, k or harbored. Animal Control, its agents or deputies. Animal Control, his/her agents and deputies. (0) !'DOG LICENSEg1 means a properly completed certif ica issued by County or other official dog licensing agency, inclL the dog owner's name, address, and telephone; the dog's namc description, including breed, color, sex, month and year of bj rabies vaccination date; license tag number and expiration dc "DOG LICENSE APPLICATION - RABIES CERTIFICATE FORM" n the dog license application form issued by County. To serve rabies certificate it must show: (p) (1) The dog owner's name, address, and telephone; (2) The dog's name and description, incli breed,color, sex, month and year of birth; (3) The type, lot number, and manufacturer of (4) The date of vaccination; (5) The signature of the veterinarian who vacci the dog or other signature authorized by him/ (9) "HEALTH OFFICER1' means the County of San Diego, € (r) llIMPOUNDED ANIMALq1 means any animal in the custc rabies vaccine; Officer, his/her agents or deputies. control of the Department as provided in this chapter. I 0 0 (s) *tINDOOR HOUSING FACILITY" means any structure building, housing or intended to house animals, which has capability of controlling the environment within the enclos created by the continuous connection of a roof, floor, and wa with at least one opening for entry and exit that is provided w a door or any movable structure used to close off the opening typically consisting of a panel of wood, glass, metal, etc., wk slides on rollers or swings on hinges: provided, however, that openings which provide natural light shall be covered wit1 transparent material, e.g., glass, plastic, etc. building (s) , structure (s) , enclosure (s) or premises on the samc adjacent lot@) , wherein a total of seven or more dogs, four mor of age or over, are kept or maintained for any purpose by a pel as defined in section 12.115 of this Code including, but limited to, any agency organized or operated for the welfare animals. The term lskennelll shall not include an animal she operated or established by the Department or a veterinary hosp operated by a veterinarian licensed by the State of Californi( (u) "KENNEL OPERATOR" means any person who owns, controls operates a kennel or any person who is responsible for or participates in the control or operation of a kennel. (v) IILEASHII means any rope, leather strap, chain or o material not exceeding six feet in length, being held in the of a person capable of controlling and actually controlling animal to which it is attached. (w) IILICENSE TAG" means a piece of metal or other dur material inscribed with a date and number which has been issue County or other official dog licensing agency. license tag as required by this chapter. (y) flOUTDOOR HOUSING FACILITY" means any structurt building, housing or intended to house animals which does not the definition of llindoor housing facility." qvOWNERtt means any person who is the legal owner, kec harborer, possessor or the actual custodian of an an Ownership is also established by a person registering as the on a license or other legal document or by a person who clai be the owner or custodian and who takes possession or custody animal. (t) "KENNELft means any lot or adjacent lot(s), or (x) llLICENSED DOGnv means a dog wearing its current (z) (aa) IIPRIMARY ENCLOSUREg1 means any structure use( immediately restrict an animal or animals to a limited amou space, such as a room, pen, run, cage, or compartment, exclusi any kennel house. @ 0 (bb) '@REGISTERED OWNER" means a person registered as the ob on a dog license or a person claiming ownership of an impour animal and taking possession of it. (cc) tlSANITIZE1@ means to make physically clean and to rex and destroy, to the maximum degree that is practical, agc injurious to animal or human health. (dd) "STRAYt@ means an animal which is at large. (ee) VACCINATED DOGf@ means a dog inoculated with an appro7 currently valid antirabies vaccine, and wearing a current license tag indicating proof of such vaccination. (ff) l@VICXOUS DOG" means a dog which: (1) has twice within a 48-month period bit attacked, or shown the disposition, tendency, propensity to attack, bite, or otherwise c injury to a person engaged in lawful activity, (2) has once attacked or bitten a person engagec lawful activity, causing death or substan injury, or (3) ' has been declared a Vicious Dogt1 by the Depart pursuant to Section 62.674 of this chapter. - A llVicious DogV1 within the meaning of this section shal deemed a public nuisance and shall be subject to the provisior this Code relating to vicious dogs and public nuisances for remainder of its life, (gg) "WILD ANIMAL@# means any animal which is not nor] domesticated in the United States including, but not limitec: any lion, tiger, bear, non-human primate (monkey, chimpai etc.), wolf, cougar, ocelot, wild cat, skunk, raccoon, fe; venomous reptile, boa, python, anaconda, members of the ( Crocodilia, or other such animal (ferae naturae) irrespectil its actual or asserted state of docility, tameness, or domestic Sec. 62.602. VIOLATION - INFRACTION - MISDEMEANOR. (a) Any person who violates any provision or fails to c with any of the mandatory requirements of this Chapter is guil an infraction, except as set forth in subsection (b). - e * (b) Any person who violates any provision of the Uni Licensing Procedure (Sections 16.101 through 16.115) of this C or Article 5 of this Chapter, or Sections 62.610, 62. 62.615 (b) , 62.616, 62.617, 62.618, 62.663 (c) , 62.668 (d) , 62.668 62.669, 62.669.1, 62.669.5, 62.672, 62.673, 62.674(d), 62.674 62.674 (f) , 62.674 (9) , 62.680(e), 62.681, 62.682, 62.683, 62.685 who violates any other provision of this chapter three or times within two years from the date of the first conviction guilty of a misdemeanor. (c) Notwithstanding the foregoing, in cases allegir violation of Section 62.610, 62.669, or 62.672 the prosecutor charge and prosecute the offense as an infraction. Each day on which a violation occurs or continues 5 (d) constitute a separate offense. Sec. 62.603. FEES. (a) Fees shall be charged and collected by the Departmenl dog licensing and for other animal control services enforcement. Such fees shall be collected by County personne deputized personnel and deposited in the County treasury. fees shall be established by the Board or Supervisors. (b) A list of currently approved fees shall be filed wit1 Clerk of the Board of Supervisors and shall be available for pi inspection. (c) Fees shall be paid when due unless the Director accordance with Department policy, authorizes a payment arrangc or waives such fees in full or in part. Specified fees may be deferred subject to the conditio1 the Department policy, if the owner claims an economic hardsh the lack of ability to pay the fees when due, provides satiSfac evidence of personal identification, and agrees to pay the within a thirty (30) day period. An owner claiming an economic hardship in paying the fee: submit an application for waiver on forms provided by Department. The forms shall be executed under penalty of pe: and contain a declaration as to the truthfulness and correctne the information containedtherein. Upon submittal of the comp forms, the fees may be waived if no disqualifying condition: set forth in the Department policy, exist. The Department may waive fees if necessary in order to accomplish the protectic animal or public health, safety or welfare or if the owner pro. satisfactory evidence that he/she was not at fault for violation or incident which led to the Department action and such action was not justified. e 0 See. 62.604. SEVERABILITY. If any provision or claus this Chapter or application thereof is held invalid, invalidity shall not offset other provisions or application this Chapter which can be given effect without the in\ provision or application, and to this end the provisions of Chapter are declared to be severable. ARTICLE 2 RABIES PROVISIONS Sec. 62.610. VACCINATION REQUIRED. Any person ownir having custody of a dog, shall obtain a rabies vaccination for dog they own, keep, harbor, or have custody of, within thirty days after it becomes four months of age, or within thirty days after obtaining any dog over four months of age. It sha unlawful for any person(s) to own, keep, harbor, or possess I have in his or her care, charge or custody, any dog five mont. age or over unless such dog has a current and valid r( vaccination administered by any duly qualified and licl veterinarian, with a rabies vaccine approved by the Department of Health Services for use in dogs. Such vaccin shall be repeated at intervals specified by the State Departme Health Services in order to maintain adequate immunity. Such persons shall retain the rabies certificate for inspecti any person responsible for enforcing the provisions of chapter. Any person who violates any provision of this Secti guilty of a misdemeanor. provide or arrange for rabies vaccination clinics to be he various locations where dog owners may obtain the required r vaccinations at the applicable fee. Sec. 62.612. CERTIFICATE OF VACCINATION. Any veterin who vaccinates a dog for rabies shall also certify by pro completing, as provided in Section 62.601(p), the li application - rabies certificate form issued by County for purpose and shall forward monthly to the Department a copy of form so completed. When administered for the purpose of issu dog license, the vaccination must be valid for the entire lice period as specified for the indicated vaccine by the Department of Health Services. Sec. 62.611. VACCINATION CLINICS. The Department a 0 Sec. 62.613. EXEMPTION FROM RABIES VACCINATION DU ILLNESS. Notwithstanding any other provisions of this chapte dog need not be vaccinated for rabies during an illness . licensed veterinarian has examined the dog and certified in wri that such vaccination should be postponed because of a speci illness. Old age, debility, and pregnancy are not consid contraindications to rabies vaccination. Exemption certific are subject to approval by the Department and shall be valid for the duration of the illness. Exemption from vaccination not exempt a dog from the licensing requirement, Sec. 62.614. REPORTING SUSPECTED CASE OF RABIES. Any PC having care or custody of an animal which shows symptoms of ra or which acts in a manner which would lead to a reasor suspicion that it may have rabies, shall notify the Department, County Veterinarian, or the Health Officer and comply appropriate laws and regulations regarding suspected case: rabies as directed by the Department, the County Veterinariar the Health Officer. Section is guilty of a misdemeanor. Any person who violates any provision of Sec. 62.615. REPORTING OF BITES. (a) All persons bitten and the parents or guardians of n children bitten by a dog, cat, skunk, fox, bat, coyote, bobcal other animal'of a species subject to rabies shall notify Department or the Health Officer as soon as possible thereaj Physicians treating such bites and other persons having knowledge of such bites shall also be required to make notification. (b) Any person owning or having custody or control of z or other animal of a species subject to rabies which bit person, shall notify the Department or the Health Officer as as possible thereafter. Any person who violates any provisic this subsection is guilty of a misdemeanor. Sec. 62.616. ISOLATION OF SUSPECTED RABID ANIMALS. Up0 order of the Department, the County Veterinarian, or the Hc Officer, a suspected rabid animal shall be isolated in s' confinement under proper care and under the observation licensed veterinarian in an animal shelter, veterinary hospita other adequate facility in a manner approved by the Department County Veterinarian, or the Health Officer, and such animal not be killed or released for at least ten days after the ons symptoms suggestive of rabies unless permission is obtained the Department, the Health Officer, or the County Veterinari sacrifice the animal for the purpose of laboratory examina Any person who violates any provision of this Section is guil a misdemeanor. 0 0 Sec. 62.617. ISOLATION OF BITING ANIMALS. Upon the ordei the Department, the County Veterinarian, or the Health Officer, dog, cat, skunk, fox, bat, coyote, bobcat or other animal c species subject to rabies which bites or otherwise exposes a pel to rabies may be impounded and shall be isolated in st] confinement in a place and manner approved by the Department, County Veterinarian, or the Health Officer and observed for least fourteen days after the day of infliction of the bite other exposure, and until examined and released by the Departmc the County Veterinarian, or the Health Officer. Dogs and cats s, be so isolated and observed for at least ten days after the da infliction of the bite or other exposure, and until examined released by the Department, the County Veterinarian, or the He Officer. Notwithstanding the foregoing, the following alternative permitted at the discretion of the Department, the Co Veterinarian, or the Health Officer. Dogs or cats which have isolated in strict confinement under proper care and u observation of a licensed veterinarian in an animal she1 veterinary hospital, or other adequate facility in a ma approved by the Department, the County Veterinarian, or the He Officer, may be released from isolation by the Department, County Veterinarian, or the Health Officer after five day: veterinary observation if upon conducting a thorough phys examination on the fifth day or more after infliction of the or other exposure, the observing veterinarian certifies that t are no clinical signs or symptoms of any disease. Notwithstanding all of the foregoing provisions, Department, the Health Officer, or the County Veterinarian authorize, with permission of the owner if known, the euthanas: a biting animal for the purpose of laboratory examination. person who violates any provision of this Section is guilty misdemeanor. Sec. 62.618. ANIMALS POSSIBLY EXPOSED TO RABIES. Any ai of a species subject to rabies which has been bitten by a 1 rabid or suspected rabid animal, or which has been in int. contact with such an animal shall be isolated in strict confinc ’ in a place and manner approved by the Department, the Cc Veterinarian, or the Health Officer and observed for a peric six months or destroyed. 0 0 Notwithstanding the foregoing, the following alternativc permitted in the case of dogs and cats. If the dog or cat has 1 vaccinated against rabies at least thirty days prior to suspected exposure with a type of vaccine and within the ' period approved by the State Department of Health Services, the or cat may be revaccinated immediately (within 48 hours) i manner prescribed by the Department, the County Veterinarian the Health Officer and isolated in strict confinement in a p and manner approved by the Department, the County Veterinarian the Health Officer and observed for a period of thirty l following revaccination. Any person who violates any provisio this Section is guilty of a misdemeanor. Sec. 62.619. PAYMENT OF FEES AND EXPENSES. The owner of animal which is isolated under the provisions of this article s pay all fees and expenses related to the isolation including, not limited to, the impoundment, confinement, quarantine, bo examination, and release of the animal from quarantine. ARTICLE 3 DOG LICENSES Sec. 62.620. LICENSE REQUIRED. (a) Any person owning or having custody of a dog, ex tourists or visitors who stay less than thirty (30) days withir unincorporated area of San Diego County or any city in which Department provides licensing or animal control services, I apply for and obtain a separate dog license for each dog they possess, keep, or harbor, after it is four months old. persons must possess the license at the time the dog is five mc old or thirty (30) days after obtaining or bringing any dog four months of age into the unincorporated area of San Diego Cc or any city in which the Department provides licensing or ax control services. Such persons shall renew the dog license before it bet delinquent for as long as they own, possess, keep, harbor otherwise have custody of the dog. If renewal is not requ. such persons shall within thirty (30) days after the expiri date advise the Department of the reason therefore. (b) Any dog which is legally impounded according tc provisions of this 'chapter shall be presumed to be a dog wl prior to impounding, required a license, regardless of such 4 actual age or owner's place of residence. - 0 0 (c) Upon presentation by the dog owner of a prope completed license application form including proof that the rab vaccination will be valid throughout the license period, and proper license fee, and if applicable, a late fee, the Departm shall issue a dog license and license tag. The dog owner sh retain the dog license for inspection by any person responsible enforcing the provisions of this chapter. (d) Licenses shall be valid for a term not to exceed maximum immunity duration periods specified for the various ty of canine rabies vaccines approved by the California Department Health Services and must be renewed prior to the expiration of term by the payment of the current effective fee for each renek (e) The dog owner shall securely affix the current lict tag to the collar or harness of the dog for which the license was issued and shall ensure that the dog wears such license tat all times except when the dog is being exhibited at a dog shoi A license tag issued for one dog shall not be transfei No unauthorized person shall remove a license tag frc collar or harness or remove the collar or harness bearing such from a dog. (f) or attached to any other dog. (9) (h) Whenever a license tag is lost or damaged, the o shall apply for and obtain a replacement from the Department payment of the prescribed fee. See. 62.622. TRANSFER LICENSE. (a) Owners of dogs having a current license issued by an@ dog licensing agency may be issued a County dog license payment of the applicable transfer fee. The rabies vaccinatior any such dog must be valid for the duration of the license’iss (b) Whenever the ownership of a licensed dog changes, tht owner shall apply for and obtain a transfer license and pay applicable fee. Sec. 62.623. CHANGE OF ADDRESS. The address of the own€ presumed to be the address where the dog is kept. Any chanc address must be reported to the Department of Animal Control w. thirty (30) days following such change. Sec. 62.624. CHANGE OF OWNERSHIP. Dog owners or the p; or guardian of minor children who sell or otherwise transfei ownership or custody of a dog shall within thirty (30) thereafter inform the Department of the name, address, telephone of the new owner and the name and description of the e 0 ARTICLE 4 SHELTERS SeC. 62,630. ESTABLISHMENT OF ANIMAL SHELTERS. The Dire of Animal Control shall, with the approval of the Boar1 Supervisors, establish as many animal shelters throughout County as he/she shall determine to be necessary for performance of his/her duties. The Department shall establish at the County Animal SheltE humane procedure for euthanasia of animals. The Department ma its option, upon payment of applicable fees, accept animal: humane disposal. The owner or possessor of such animals 1 first complete appropriate forms setting forth the constituting such ownership and/or possession, certifying he/she has the right to request disposal of such animal, and c to hold the County, its agents and employees harmless fron liability for its acceptance and disposal of such animals. owner or person requesting the disposal of any animal shall cei in writing that, to the best of his/her knowledge, the anima. not bitten a human being within the period established by chapter for isolation of biting animals and suspected : animals. Notwithstanding the foregoing, the Department, the Hc Officer, or the County Veterinarian may authorize, with permi: of the owner, if known, the euthanasia of a biting animal fo' purpose of laboratory examination. SeC. 62.631. ESTABLISHMENT OF ANIMAL DISPOS& FACILI: ARTICLE 5 KENNELS Sec. 62.641. LICENSING PROCEDURES. It shall be unlawfu any person(s) to operate a kennel, as defined by section 62.6 of this code, within the unincorporated area of San Diego Cour any city in which the Department provides animal control ser without first having obtained a license therefor. Procedure license applications, renewals, denials, suspensions, revocat hearings, and appeals, except as otherwise herein provided, be the same as those set forth in the Uniform Licensing Proc (Sections 16.101-16.115) of this Code. unless the Department selects a different expiration. the license fee shall be prorated. Kennel licenses shall expire one year from the date of In suck e 0 Any Kennel which is found by the Department to be unsani. or a menace to animal or public health, safety or welfare, declared to be a public nuisance. The Department is authorized empowered to take such action as is necessary to abate nuisance. In the event that immediate action is necessari preserve or protect animal or public health, safety or welfare, Department is authorized and empowered to summarily abate , nuisance by any reasonable means including, but not limitec impoundment of the animal(s) and/or immediate closure of the ke: for such time until the nuisance is abated. In such case, hearings shall be provided in accordance Sec. 16.113 and/or Sec. 62.678 of this Code. Otherwise, Department shall inaugurate proceedings in accordance provisions of the Uniform License Procedure. The Department also commence proceedings in accordance with the Uniform Pu Nuisance Abatement Procedure contained in Chapter 2, Divisio Title 1 of this Code. Sec. 62.642. LICENSE STANDARDS. (a) ACKNOWLEDGEMENT OF STANDARDS. A copy of the applic standards will be supplied to the applicant with each request an application for a license, and the applicant shall acknowl receipt of such standards and agree to comply with them an allow inspections at reasonable times by signing the applica form. (b) DEMONSTRATION OF COMPLIANCE WITH STANDARDS. applicant or kennel operator must demonstrate that his/her prei and any facilities or equipment used in his/her kennel comply the standards set forth in this article. In addition, applicant or kennel operator shall correct any deficiencies 1 within a reasonable time specified by the Department. Plan: new or remodeled kennel facilities may be submitted to Department for review. Upon request by the Department, applicant or kennel operator must make his/her prem facilities, and equipment available for the purpose of ascerta compliance with said standards. (c) CONDITIONS AND RESTRICTIONS. The Issuing Off ice1 issue a license under any conditions and restrictions which h deems necessary for the protection of animal and/or public he safety, or welfare, and may specify such conditions restrictions on the license. (d) ADDITIONAL REASONS FOR DENIAL OF APPLICATION. addition to the reasons stated in the Uniform Licensing Proc the Issuing Officer shall not issue a kennel license to: e e 1. any person applying for an original license who not received approval for the location from appropriate planning/zoning Department or who not obtained any necessary permit(s) for operation; or 2. any person whose license has been suspended, the period during which the order of suspensio in effect; or any person who has been or is an officer, agent employee of a licensee whose license has suspended or revoked and who was responsible fa participated in the violation upon which the o of suspension or revocation was based, for period during which the order of suspension i effect and for a period of one year from effective date of a revocation, or if a revoca has been stayed, until one year from the expira of the stay; or 4. any person whose license has been revoked, or partnership, firm, corporation, or other 1 entity in which any such person has a substan financial interest for a period of one year revocation has been stayed, until one year fron expiration of the stay; or Any person who fails to comply with any provi of this Article. Sec. 62.645.1. FACILITIES, GENERAL. (a) STRUCTURAL STRENGTH. Indoor and outdoor hot facilities shall be structurally sound and shall be maintaint good repair, to protect the animals from injury, to contair animals, and to restrict the entrance of other animals. Crate: boxes, automobile bodies, scrap materials salvaged from plyboz . odd pieces of material such as linoleum, tin, canvas and other materials are not suitable and shall not be used. 3. ' the effective date of such revocation, or 5. (b) FENCING. Any fencing shall be in conformance planning/zoning requirements and be of suitable sturdy matt anchored solidly to the ground in such a manner to prevent an. from escaping by digging under the fence and of sufficient hc to prevent animals from escaping. If necessary, to accomplis: intent of containment, a cover over the fenced area shal installed. (c) WATER AND ELECTRIC POWER. Reliable and adequate elel power, if required to comply with other provisions of this Art and adequate potable water shall be available. 0 e (d) STORAGE. Supplies of food and bedding shall be stored facilities which adequately protect such supplies agaii infestation or contamination by vermin. Refrigeration shall provided for supplies of perishable food. (e) WASTE DISPOSAL. Provisions shall be made for the rem0 and disposal of animal and food wastes, bedding, and debr Disposal facilities shall be so provided and operated as minimize vermin infestation, odors, and disease hazards. (f) WASHROOMS AND SINKS. Facilities, such as washroc basins, or sinks, shall be provided to maintain cleanliness ax animal caretakers. Sec. 62.645.2. FACILITIES, INDOOR. (a) HEATING. Indoor housing facilities shall be warm enc to protect the animals from cold. Sufficient clean bedr material or other means of protection shall be provided when ambient temperature falls below that temperature to which an an. is acclimated. (b) VENTILATION. Indoor housing facilities shall adequately ventilated to provide for the health and comfort of animals at all times. Such facilities shall be provided with f- air either by’means of windows, doors, vents, or air conditio and shall be ventilated so as to minimize drafts, odors, moisture condensation. Auxiliary ventilation, such as exhaust and vents or air conditioning, shall be provided when the amb temperature is 85 degrees Fahrenheit or higher, within the in housing facility. (c) LIGHTING. Indoor housing facilities shall have a light, by natural or artificial means, or both, of good qualit] well distributed. Such lighting shall provide unifc distributed illumination of sufficient light intensity to PE routine inspection and cleaning during the entire working per Primary enclosures shall be so placed as to protect the anj from excessive illumination. (d) INTERIOR SURFACES. The interior building surf ace indoor housing facilities shall be constructed and maintain( that they are substantially impervious to moisture and ma readily sanitized. DRAINAGE. ‘ A suitable method shall be provided to ra] eliminate excess liquid from indoor housing facilities. If d are used, they shall be properly constructed and kept in repair to avoid foul odors therefrom. If closed drainage sy are used, they shall be equipped with traps and so installed prevent any backup of sewage onto the floor of the room. (e) e a Sec. 62.645.3. FACILITIES, OUTDOOR. (a) SHELTER FROM SUNLIGHT. When sunlight is likely to ca overheating or discomfort, sufficient shade shall be provided allow all animals kept outdoors to protect themselves from direct rays of the sun. be provided with access to shelter to allow them to remain during rain or snow. (c) SHELTER FROM COLD WEATHER. Shelter shall be provided all animals kept outdoors when the atmospheric temperature f, below 50 degrees Fahrenheit. Sufficient clean bedding materia other means of protection from the weather elements shall provided when the ambient temperature falls below that tempera- to which an animal is acclimated. (d) DRAINAGE. A suitable method shall be provided to rap eliminate excess liquid. Sec. 62.645.4. GENERAL REQUIREMENTS FOR PRIMARY ENCLOSU Primary enclosures must be provided for all animals and s conform to the following requirements: (b) SHELTER FROM RAIN OR SNOW. Animals kept outdoors SI (a) Primary enclosures shall be structurally sound maintained in good repair to protect the animals from injury contain them, and to keep other animals out. They shal: effectively enclosed. Primary enclosures shall be constructed and maintain1 as to enable the animals to remain dry and clean. Primary enclosures shall be constructed and maintain1 that the animals contained therein have convenient access to ( food and water. (b) (c) (d) Sec. 62.645.5. ADDITIONAL GENERAL REQUIREMENTS FOR PR The floors of the primary enclosures shall be constn so as to protect the animals' feet and legs from injury. ENCLOSURES HOUSING CATS. (a) In all enclosures having a solid floor, a recep containing sufficient clean litter shall be provided to co excreta. (b) Each primary enclosure shall be provided with a resting surface or surfaces which, in the aggregate, shall adequate size to comfortably hold all occupants of the pr enclosure at the same time. Such resting surface or surfaces be elevated in primary enclosures housing two or more cats. c; m (c) Not more than twelve (12) adult cats shall be housed the same primary enclosure. Sec. 62.645.6. GENERAL SPACE REQUIREMENTS. P r i m a . enclosures must be large enough so that the animals in them 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 ii comfortable normal position. It is unlawful to keep any animal a primary enclosure or kennel house that does not provide adequ space as required by this Article. Sec. 62.645.7. ADDITIONAL SPACE REQUIREMENTS FOR DOGS. (a) A primary enclosure shall never house more than twc (12) dogs of any size. (b) Passageways into kennel houses shall allow easy acr for all dogs housed in them. Any dog confined to a kennel hc which does not meet the space requirements for a primary enclor shall be provided access to its primary enclosure after no ! than twelve (12) hours for sufficient time to allow adeq' exercise. (c) Any primary enclosure (s) and/or kennel house (s) kennels which' were not licensed on the effective date of Article and those completed or installed in any kennel after effective date of this Article shall meet the following s requirements. WEIGHT OF DOG MINIMUM SPACE REQUIREMENTS IN POUNDS PRIMARY ENCLOSURE KENNEL HOUSE WIDTH SQ FOOTAGE WIDTH SQ FOOTAG. 2.0' 6.0 1.5' 3.0 2.5' 10.0 2.0' 5.0 Up to 15 Over 15 to 35 Over 35 to 65 Over 65 to 95 Over 95 to 130 Over 130 3.0' 15.0 2.5' 7.5 3.0' 18.0 2.5' 9.0 3.5' 24.0 3.0' 12.0 4.0' 32.0 3.5' 14.0 If a primary enclosure or kennel house contains more thai dog the minimum number of square feet required is the sum oj square feet requirements for each individual dog kept thereii 0 0 Sec. 62.645.8. FEEDING. (a) Animals shall be provided food which shall be free f contamination, wholesome, palatable, and of sufficient quantity nutritive value to meet the normal daily requirements for condition and size of the animal. (b) Food receptacles shall be accessible to all animals shall be located so as to minimize contamination by excrc Feeding pans shall be durable and kept clean. The food receptac shall be sanitized at least once every two weeks. Disposable j receptacles may be used but must be discarded after each feed: Self feeders may be used for the feeding of dry food, and 1 shall be sanitized regularly to prevent molding, deterioratior caking of feed. Sec. 62.645.9. WATERING. Clean potable water shall available to the animals in conformance with the principles of f animal husbandry unless restricted for veterinary care. Wate receptacles shall be kept clean and shall be sanitized at 1 once every two weeks. Sec. 62.645.10. SANITATION OF PRIMARY ENCLOSURES AND KE HOUSES. (a) CLEANING. Excreta shall be removed from pri enclosures and kennel houses as often as necessary, at least da to prevent contamination of the animals contained therein an reduce disease hazards and odors. When a hosing or flushing me is used for cleaning, any animal contained in the enclosure s be protected during the cleaning process, and adequate meas shall be taken to protect the animals in other such enclosures being contaminated with water and other wastes. Rugs, blanket5 other bedding material shall be kept clean and dry. empty primary enclosures previously occupied, such enclosures c be sanitized in the manner provided herein. Enclosures shal sanitized often enough to prevent an accumulation of debri excreta, or a disease hazard, provided, however, that enclosures shall be sanitized at least once every two weeks ii following manner: Cages, rooms and hard-surfaced pens or shall be sanitized by washing them with hot water (180 de( Fahrenheit) and soap or detergent or by washing all soiled sur with a detergent solution followed by a safe and effective d fectant, or by cleaning all soiled surfaces with live steam. or runs using gravel, sand, or dirt shall be sanitized by remi the soiled gravel, sand, or dirt and replacing it as necessa: (c) HOUSEKEEPING. Premises (buildings and grounds) sha kept clean and in good repair in order to protect the animal injury and to facilitate the prescribed husbandry pract Premises shall remain free of accumulations of trash. (b) SANITIZING. Prior to the introduction of animals 0 0 (d) PEST CONTROL. An effective program for the contro: insects, ectoparasites, and avian and mammalian pests shall established and maintained. Sec.62.645.11. EMPLOYEES. A sufficient number of caretal shall be utilized to maintain the standards set forth in 1 section. Sec.62.645.12. CLASSIFICATION AND SEPARATION. Animals ho in the same primary enclosure shall be maintained in compat groups, with the following additional restrictions: (a) Females in season (estrus) shall not be housed in same primary enclosures with males, except for breeding purpo (b) Any animal exhibiting a vicious disposition shal (c) Puppies or kittens shall not be housed in the housed individually in a primary enclosure. primary enclosure with adult dogs or cats other than their c except when the owner specifically requests they be hc together. (d) Dogs shall not be housed in the same primary enclc with cats, nor shall dogs or cats be housed in the same prj enclosure with any other species of animals unless the E specifically requests they be housed together. Animals under quarantine or treatment for a communic disease shall be separated from other animals and other suscep. species of animals in such a manner as to minimize disseminati such disease. Animals with substantial injuries shall als separated from other animals. Sec. 62.645.13. RECORDS. The kennel operator shall available for inspection on the premises a record that shall the name, current address and telephone number of the owner of animal kept at the kennel, the description of the animal, incl. its age (if known) or approximate age, breed, sex and color. . part of such record, a current valid rabies certificate or written proof of vaccination, verified by phone, shal maintained for each dog required to be vaccinated by this Cha showing the dog owner's name, address, and telephone; the name and description, including breed, color, sex, month and of birth; the date of vaccination; and the name and telepho the veterinarian who vaccinated the dog or telephone ol licensing agency verifying the vaccination. In addition, kennel operator shall have someone in attendance at the kenne can identify each animal in the kennel, except that animals four months of age may be identified as to litter. (e) 0 0 Sec. 62.646. VACCINATION REQUIRED FOR INDIVIDUAL DOGS. kennel operator shall not be required to obtain the individt licenses imposed by this chapter for each dog in his/her kennel f which the kennel license is obtained; however, each kennel opera.' shall ensure that each dog in his/her kennel is vaccinated required by this chapter. Sec. 62.647. KENNEL INSPECTION. Because of the need adequately protect animals within kennels from unhealthy conditil and practices and the interests of society in curbing ( preventing inhumane practices, reasonable inspection requireme. dictate that Department officers shall have the right to inspect reasonable times. As a condition of the issuance of a ken license, each operator shall agree to allow such inspection; s acknowledgement shall be made a part of the application and fi Each kennel for which a kennel license has been issued shall inspected at intervals determined by the Department. Sec. 62.648. VIOLATION. Any person who violates provision of this Article or of the Uniform Licensing Procec (Sections 16.101 through 16.115) of this Code is guilty o misdemeanor. Any act or omission by a kennel operator contravention of these requirements, or of any of the conditj and/or restrictions of the issued license, shall be grounds for shall authorize the suspension and/or revocation of the ker license independently of any criminal prosecution or the res1 thereof. The Director may suspend or revoke the kennel lici irrespective of the pendency of any criminal proceedings, and p: to the initiation thereof. ARTICLE 6 CONTROL PROVISIONS Sec. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATIO (a) In any prosecution involving an animal chargir violation of any provision referred to in Section 62.661 of Code, proof by the People of the State of California that particular animal described in the complaint was found in viol2 of any provision of said sections, together with proof that defendant named in the complaint was at the time of the all violation the owner of the animal, shall constitute prima f evidence that the owner of the animal was the person respons for the violation ' of said provisions involving said anj However, for the purpose of this section proof that a person i owner of said animal is not prima facie evidence that he/shc violated any other provision of law. - 0 0 (b) The presumption created by this section shall nullified when the person charged has made a bona fide sale transfer and has complied with the requirements of Section 62.r or Section 62.674 for a vicious dog, prior to the date of alleged violations and has advised the court of the name address of the purchaser, and of the date of sale. Sec. 62.661. ENFORCEMENT PROVISIONS. (a) The Department, each agent or deputy thereof whc assigned to duties which include the enforcement of an regulation laws and any peace officer are responsible for enfor the provisions of this Chapter, Sections 16.101 through 16.11 this Code, Section 148 of the Penal Code, and any law relatin or affecting animals of the State of California, the County of Diego or any city in which the Department provides animal con services. California Penal Code Section 597.1 shall be operative ir enforced by the Department, and California Penal Code Section shall not be operative. (b) The Health Officer and each agent or deputy thereof is assigned to duties which include the enforcement of r2 control and sanitation laws are responsible for enforcing Sec 148 of the Penal Code and the following provisions of this char (1) Article 2 (commencing with Section 62.610) (2) Sections 62.665, 62.667, 62.668(d) and (e), 62 62.672, 62.674, 62.675, 62.681, 62.682. (c) The County Veterinarian and each agent or deputy thi who is assigned to duties which include the enforcement oj provisions of the California Food and Agricultural Code relati the health and sanitary surroundings of livestock, poultry, rabbits are also responsible for enforcing Section 148 of the ' Code and the following provisions of this Code: (1) Chapter 1 (commencing with Section 62.101 Division 2, Title 6. (2) Sections 62.610; 62.614; 62.616; 62.617; 62 62.646; 62.665; 62.667; 62.668(c), (d) and 62.672; 62.681; 62.682; and 62.683 of this cha (d) Each of the individuals referred to in subsections (b) and (c) hereof shall cooperate to attain compliance wit shall take appropriate action in the case of any violatio those provisions which they are responsible to enforce. 0 e Sec. 62.662. ARREST AND CITATION. Each of the individl referred to in. Section 62.661 shall have the power to make arrf without warrant in the manner prescribed in Section 836.5 of California Penal Code, for violations of those provisions of 1 chapter and of state law which he/she has a duty to enforce an( issue citations for such violations. Any person so arrested does not demand to be taken before a magistrate may insteac cited in the manner prescribed in Chapter 5C (commencing T Section 853.5) of Title 3, Part 2 of the Penal Code. Sec. 62.663. Dog license violations: Dismissal on pro0 correction: False or fictitious information. 62.620 of this Code and the officer issues a Notice to Appear, officer shall note on the form that the charge shall be dismi on proof of correction unless a disqualifying condition as forth in subsection (b) exists. If the arrested person prese by mail or in person, proof of correction as prescribed herein or before the date on which the person promised to appear, court shall dismiss the violation or violations. Proof of correction shall consist of a certification by Department or by any clerk or deputy clerk of a court that alleged violation has been corrected. (b) A Notice to Appear shall be issued as provide( subsection (a), unless the officer finds any of the follc disqualifying conditions: (a) Whenever a person is arrested for a violation of (1) Evidence of fraud. (2) The person has been charged within the past on1 year period with a violation of Section 62.621 The violation involves a dog which has demonst: a propensity to attack, bite or cause injury person; or, which otherwise presents an imme( safety hazard. (4) The person does not agree to, or cannot, pro Any person who signs a Certificate of Correction w false or fictitious name or who presents as evidence of corre false or fictitious information is guilty of a misdemeanor. purpose of performing their duties under this chapter Department or the County Veterinarian may, with approval o Board of Supervisors, negotiate agreements, and shall promu such rules and regulations as they may deem proper and neces (3) correct the violation. (c) Sec. 62.664. AGREEMENTS - RULES AND REGULATIONS. FO 0 0 Sec. 62.665. INVESTIGATIONS. The Department, the Co' Veterinarian, the Health Officer, and any peace officer, may e private property to investigate reports of vicious dogs, rabies other contagious animal diseases, and to investigate poss violations of and enforce the provisions of this Chapter, Sect 16.101through 16.115 of this Code, Section 148 of the Penal C and any law relating to or affecting animals of the Statc California, the County of San Diego or any city in which Department provides animal control services. Sec. 62.667. EPIDEMICS. Either the Health Officer or County Veterinarian may determine and declare that an epidemi other unusually dangerous health situation exists among the ani in the County. Upon the making of such a declaration the He Officer or the County Veterinarian shall prepare and promulg with the approval of the Board of Supervisors, such rules regulations as are necessary for the conduct of all persons wi the area where the dangerous condition exists. These rules regulations may include, but are not limited to, quarant vaccination, and destruction of diseased, exposed or stray ani by humane methods. It shall be the duty of the Department, County Veterinarian, and the Health Officer to cooperate in enforcement of such rules and regulations. Sec. 62.668. CONDITIONS OF ANIMAL OWNERSHIP. Animal ok or keepers must comply with the following conditions of ar ownership, and the Department or the County Veterinarian require as a condition of licensing such owners or keepers to permit or license applications agreeing to comply with conditions: (a) Animals shall be restrained or confined as require law. (b) (c) Vaccinations, licenses, and permits shall be obtain1 required by law. (d) Animal premises shall be kept sanitary and shal. constitute a fly breeding reservoir, a source of offensive odc of human or animal disease. Animals shall be humanely treated at all times. (e) Animals and animal premises shall not be permitt disturb the peace or constitute a public nuisance or hazard. Any person who violates any provision of subsections (d) or ( this Section is guilty of a misdemeanor. e * Sec. 62.669. RESTRAINT OF DOGS REQUIRED, Any person owning or having custody or control of a shall at all times prevent the dog from being "At Large", wi the meaning of section 62.601(d) of this Code, and from bein violation of other provisions of law. However, dogs ma! unrestrained by a leash while assisting their owners in 1 hunting, in the herding of livestock as permitted by law, o public property with the written permission of, and for pury authorized by, the agency responsible for regulating the us such property; so long as such dogs are under direct and effec voice control to ensure that they are not in violation of any c provision of law. This section does not apply to dogs assis peace officers while performing law enforcement duties. Any PE who violates any provision of this section is guilty ( misdemeanor. Sec. 62.669.1. PUBLIC PROTECTION FROM DOGS. Any Pe owning or having custody or control of a dog shall at all t prevent the dog from biting or harassing any person engaged lawful act and from interfering with the lawful use of publi private property. Any person who violates any provision of Section is guilty of a misdemeanor. Sec. 62.669.5. PROTECTION DOG, VICIOUS, OR DANGEROUS ANI (a) Any person owning or having custody or control ltProtection Dog'' as defined in Section 7521 of the Business Professions Code, 'Vicious Dog", or any "Dangerous Animal guilty of a misdemeanor if, as a result of that person's failui exercise ordinary care, the animal injures or shows disposition, tendency, or propensity to attack or cause injui a person engaged in lawful activity and the owner or custodian or should have known of the l'Protection Dog" status of the doc of the vicious or dangerous nature or propensity of the animi (b) This section does not apply to animals used in mil: or police work while they are actually performing in that capac Sec. 62.670. COMMITTING NUISANCE. No person shall all dog in his/her custody to defecate or to urinate on any pro1 other than that of the owner or person having control of the It shall be the duty of all persons having control of a dog to such dog and to immediately remove any feces to a pi receptacle. Unsighted persons while relying on a guide dog z be exempt from this section. owning or having custody or control of a female dog in sf (estrus) shall securely confine such dog within an enclosure manner that will prevent the attraction of male dogs to immediate vicinity. Sec. 62.671. FEMALE DOGS IN SEASON (ESTRUS). Any Pt e 0 Sec. 62.672. DISTURBING THE PEACE PROHIBITED. No per: shall own or harbor an animal in such a manner that the peace quiet of the public is unreasonably disturbed. The keeping maintenance, or the permitting to be kept or maintained, on # premises owned, occupied, or controlled by any person of any ani or fowl which, by any frequent or long continued noise, shall ca unreasonable annoyance or discomfort to any person of nor sensitivity in the vicinity shall constitute a violation of t section; provided, however, that nothing contained herein shall construed to apply to reasonable noises emanating from lega operated veterinary hospitals, humane societies, animal shelte farm and/or agricultural facilities, or areas where keeping animals or fowls are permitted. Any person who violates provision of this Section is guilty of a misdemeanor. Sec. 62.673. INHUMANE TREATMENT AND ABANDONMENT. No pez shall treat an animal in a cruel or inhumane manner or willingl] negligently cause or permit any animal to suffer unneces: torture or pain. No person shall abandon any domestic an; without care on any public or private property. Any person violates any provision of this Section is guilty of a misdemea: Sec. 62.674. DECLARATION AND POSSESSION OF VICIOUS DOG. (a) GENERAL PROVISIONS. 1. a Vicious Dog" within the meaning of 62.601 (ff) (1) or (2) may declare such dog a "Vicious Dog". 2. Upon declaring that a dog is a V7icious Dogr1, Department shall notify the owner and/or custodian of Department's declaration. 3. The notice shall inform the owner and/or custc of the dog that he/she may request a hearing within five working days to contest the declaration. 4. Failure of the owner and/or custodian to requc hearing pursuant to subsection (3), or failure to attend c represented at a scheduled hearing, shall satisfy the hei requirements and shall result in the declaration becoming fir 5. A finding at the hearing that the dog does within subsections 11) or (2) of Section 62.601 (ff) shall r in the declaration becoming final. If the Department has cause to believe that a do - 0 oi 6. The Department is hereby authorized and empowered impound and/or abate any ttVicious Dog" independently of criminal prosecution or the results thereof by any means reasona necessary to ensure the health, safety and welfare of the pub including, but not limited to, the destruction of the dog or by imposition upon the owner and/or custodian specific reasone restrictions and conditions for the maintenance of the dog. restrictions and conditions may include, but are not limited t Obtaining and maintaining liability insurz in the amount of one hundred thousand doll ($100,000) and furnishing a certificate proof of insurance by which thr Departx shall be notified at least ten (lL, days pi to cancellation or non-renewal or, at owner's option, the filing with the Depart of proof of a bond in the amount of thi five thousand dollars ($35,000), to be ab1 respond in damages; a. b. Requirements as to size, construction c. Location of the dog's residence; design of enclosure; ' d. Requirements as to type and method e. Photo identification or permanent markin restraints and/or muzzling of the dog; the dog for purposes of identification; f. A requirement to obtain a Vicious registration in addition to the lic required under section 62.620 of this CO( g. Requirements to allow inspection of 'the and its enclosure by the Department OX other law enforcement agency, and to pri upon demand, proof of compliance with requirements of this section; and, h. Payment of a reasonable fee to recover costs of the Department in veri compliance and enforcing the provisior this section. The Department may also commence proceedings in accor with the Uniform Public Nuisance Abatement Procedure contain 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 oz or custodian of record shall be notified of their right t hearing to determine whether grounds exist for such impoundn and/or abatement. If a hearing is requested, the impound] and/or abatement hearing may be held in conjunction with hearing provided for in subsection (a) of this section. If owner or custodian of record requests a hearing prior impoundment and/or abatement, no impoundment and/or abatement s; take place until the conclusion of the hearing except as notei subsection (c) . (c) IMMEDIATE IMPOUNDMENT. When, in the opinion of Department, immediate impoundment is necessary for the preserva of animal or public health, safety or welfare, or if the dog been impounded under other provisions of law, the pre-impound hearing shall be waived; however, the owner or custodian of re shall be given a notice allowing five (5) working days to req an abatement hearing. If a hearing is requested, the dog shall be disposed of prior to satisfaction of the hearing requireme A finding at an abatement hearing under subsection (b) 01 that grounds exist for the impoundment and/or abatement of the or the failure of the owner and/or custodian to request a he? or to attend or be represented at a scheduled hearing, 5 satisfy the hearing requirements and the dog shall be impoi and/or abated. owner and/or custodian of a Vicious Dog" who moves or sell: dog(s) or otherwise transfers the ownership, custody or resil of the dog(s) , shall at least ten (10) days prior to the sa transfer, inform the Department in writing of the name, addres telephone number of the proposed new owner or custodian, and/o proposed new residence, and the name and description of the dol The Department may prohibit the proposed transfer for cause. The owner and/or custodian shall, in addition, notify any new or custodian in writing regarding the details of the dog's re and the terms and conditions for maintenance of the dog. The and/or custodian shall also provide the Department with a thereof containing an acknowledgment by the new owner or cust of his/her receipt of the original and acceptance of the ter conditions. The Department may impose different or addit restrictions or conditions upon the new owner or custodian. (d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. In the event of the dog's death, the owner and/or cusl shall notify the Department no later than twenty four (24) thereafter and, upon request, produce the dog for verificatio the dog escapes, the owner and/or custodian shall notif Department and make every reasonable effort to recapture it person who violates any provision of this subsection is gui: a misdemeanor. * * (e) POSSESSION UNLAWFUL. It is unlawful to have custody own or possess a Wicious Dog" within the meaning of section 62. (ff) (1) or (2) whether or not the dog has been declared a Vicj Dog" by the Department, unless it is restrained, confined, muzzled so that it cannot bite, attack or cause injury to person. Any person who violates any provision of this subsec' is guilty of a misdemeanor. (f) DECLARED VICIOUS DOG. It shall be unlawful for the 01 and/or custodian of a dog declared to be a Vicious Dog" pursi to subsection (a) to fail to comply with any requirements conditions imposed pursuant to subsection (a) (6). Any person violates any provision of this subsection is guilty o misdemeanor. (4) SURRENDER OF DOG UPON DEMAND. The owner and/or custo of a llVicious Dog", within the meaning of 62.601 (ff) f s surrender such dog to the Department upon demand. Any person who violates any provision of subsections (d) , (e) f or (9) of this section is guilty of a misdemeanor. Sec. 62.675. COMPLAINTS. Upon receiving a complaint fr person alleging a violation of this chapter or any other relating to or affecting animals, an investigation to detei whether a violation exists may be made. If the investigz discloses a violation of this chapter, prosecution may be initj against the owner. Complainants' identities shall be confidential to the extent permitted by law. Sec. 62.676. CAPTURE OF ANIMALS AT LARGE. (a) The Department, peace officers and persons employer animal control purposes by the local governing body may attem capture any animal found at large in violation of law anc destroy an animal at large if, in their judgment, such actit required for public health and safety. The Department shall not seize or impound any dog, how for being at large that has strayed from, but then returned to private property of its owner or the person who has a rig1 control the dog, but in such case a citation may be is provided, however, that if in such a situation the owner or F who has a right to control the dog is not home, the dog m impounded, but the Department shall post a notice of impounding on the front door of the living unit of the own person who has a right to control the dog. e e Such notice shall state the following: That the dog has be impounded, where the dog is being held, the name, address, a telephone number of the agency or person to be contacted regardi release of the dog, and an indication of the ultimate dispositi of the dog if no action to regain it is taken within a specifj period of time by its owner or by the person who has a right control the dog. Any person who finds an animal at large may take it ir his/her possession and must as soon as possible, but no later tl twenty-four hours thereafter, notify the Department. He/She sh surrender the animal to the Department upon demand. No such act shall result in a charge against the County. The finder of animal at large shall use reasonable care to preserve it f injury; however, he/she shall not be held liable if the ani dies, escapes or injures itself while he/she is carrying out provisions of this section. Sec. 62.677. RELINQUISHING AN ANIMAL. Any person relinquishes an animal to the Department shall give his/her na address and, if he/she is not the owner, the location where animal was found. (b) Sec. 62.678. NOTIFICATION OF OWNER - RIGHT TO HEARING. C impoundment of an animal wearing a license tag, or identificat listing the owner's name and address, the Department sf immediately mail or personally deliver to the owner of recor notice that the animal is in the custody of the Department. The owner of an impounded animal shall be notified that he, may within five (5) working days request a hearing as to legality of the impoundment. If requested, the hearing shall be held within five working days of the date of the request. The time during which animal shall not be disposed of other than by return to the o shall be extended until the conclusion of the hearing. If at conclusion of the hearing the impoundment is found to unjustified, the animal shall be returned to the owner wit . charge. If the animal is returned to the owner prior to hearing, any fees paid by the owner to the County as a result c unjustified impoundment shall be refunded to the owner. Sec. 62.679. RETURN OF ANIMALS TO THEIR OWNERS. The own€ an impounded animal not subject to abatement action may clai prior to other legal disposition by providing pr identification, meeting all requirements, and paying the applic redemption fees. V * Sec. 62.680. HOLDING PERIOD, DISPOSITION AND ALTERING. (a) The Department shall hold an impounded lost or stray I for not less than three (3) working days if it was not wearin license tag when impounded and for not less than five (5) work days if it was wearing a license tag, other identification, or Department has other reason to believe that an owner .exists, that the owner or custodian may claim it prior to ot disposition. (b) The Department may humanely dispose of or transfer t new owner, upon payment of the applicable fee, any impounded and not claimed by its owner or custodian within the prescribed holc period. A dog wearing a license tag when impounded, or a relinquished by its owner, shall not be transferred for the purr of medical research without the written consent of the OWT Animals relinquished by their owners may be destroyed transferred to a new owner without regard to any prescribed holc period. Injured or diseased animals may be humanely destrl without regard to the prescribed holding period in order alleviate suffering or to protect other impounded animals exposure to a contagious disease. Any dog or cat not claimed by its owner and which has been altered shall not be sold or given away, other than approved medical research, unless the cost of altering such an has been deposited with the Department to be refunded presentation of proof of altering by a licensed veterinarian. Private citizens and Humane Society representatives may plac adoption hold on dogs or cats. Citizen holds will take preced over Humane Society holds. The Department will notify the Hu Society when the citizen hold period has expired. Dogs and not adopted by the Humane Society within twenty four (24) 1 after notification of the expiration of the citizen hold ma destroyed. The Director may waive the altering deposit requirt for a State chartered Humane Society when that Society ac animals under the following conditions: (1) The Humane Society will care for and mal. custody of such dogs or cats for adoption bl public in a licensed kennel until such animal adopted or destroyed. (2) The Humane Society shall, at its own ex (subject to potential reimbursement from adopting person), alter all such dogs or cat require the adopting person to alter the a within the period specified in (e) and mi - necessary deposit to be refunded directly t depositor upon presentation of proof of alterj any licensed veterinarian. (c) (d) 0 0 (3) The Humane Society shall not knowingly allow dl to be adopted by a private party or business guard dog purposes. This provision does . include adoption for the purpose of law enforcem service. (4) The Humane Society will pay the prevailing Cou adoption fee and the cost of all vaccinations veterinary care provided for the animal by Department. (e) The individual adopting any cat or dog under the term: subsection (c) or (d) shall have the altering performed wit sixty (60) days from the date of adoption unless the anima3 under six (6) months of age at the time of adoption. In such ci the individual shall have the altering performed within six months from the date of adoption. Failure to complete the sur( within the above specified period or the transfer of ownershit a cat or dog over six (6) months of age prior to altering, s constitute a misdemeanor. (f) The Deposit required by subsection (c) shall be forfe to the County if proof of altering has not been presented to Department within the period specified in subsection (e) . forfeited deposits shall be deposited in a trust fund tc utilized by ‘the Department to defray the cost of materi supplies, equipment, and other expenses incidental to the cor of the public educational program to promote responsible ownership and the altering of pets to prevent ar overpopulation. The Department may create by policy a SENIOR CITIZEN: ADOPTION PROGRAM for San Diego County residents who are sixty years or older and who are qualified to adopt a dog or cat. Director may waive, alter or adjust adoption, vaccinatio neutering fees established by the Board of Supervisor: conjunction with such a program, provided that the animals invc shall be vaccinated for rabies and shall be neutered or spayc required by law. (4) Sec. 62.681. WILD ANIMALS. (a) GENERAL PROVISIONS. It shall be unlawful for any p to own, possess or maintain any venomous reptile. It sha unlawful for any person to own, possess or maintain any other animal unless he/she complies with all federal, state and laws, regulations, and permit requirements affecting such anj The owner shall also: 0 0 1. keep the animals at all times in cages enclosures of such size and construction confined in such a manner as to preclude possibility of escape. Such cages, enclosures, confinement shall be of such size as to permit animals reasonable freedom of movement; 2. keep the cages or enclosures in a clean 3. provide the animals with adequate food, wat shelter, and veterinary care; 4. keep the animal(s) in a manner so as not threaten or annoy any person of normal sensitiv: (b) ADDITIONAL PROVISIONS. The owner shall, in additioi 1. take adequate safeguards to prevent unauthor. access to the animals and to preserve animal public health, safety, and welfare. In the e of an escape, immediately notify the Department make every reasonable effort to recapture animal (s) ; 2. ' upon request by the Department make his animal(s) , premises, facilities, equipment, and necessary permit(s) available for inspection the purpose of ascertaining compliance with provisions of this section; 3. reimburse the Department for all costs incurre enforcing the provisions of this section wh violation is found, and shall be responsible any injury, or any damage to private or pk property caused by the animal(s); (c) LOCATION AND TRANSPORTATION. Such animals shall be upon, or transported in escape proof enclosures to, pr property which the animals' owner or the person who has a rig control the animal, owns or has a right to possess or use. other transportation is prohibited unless authorized by Department. sanitary condition at all times; 0 0 (d) EXCEPTIONS. Subsections (b) and (c) of this sectior 1. Small birds that attain an adult weight UI fifteen (15) pounds, small rodents that attair adult weight under ten (10) pounds, f: invertebrates, amphibians or reptiles except the following reptiles: all crocodilians (0 Crocodilia); all boa and python species (Fa: Boidae) that attain an adult weight over fif (15) pounds or an adult length over three and half (3-1/2) feet; and all monitor lizard spe (Family Varanidae) that attain an adult weight ten (10) pounds or an adult overall length three (3) feet. 2. Legally operated zoos or circuses or to recogn institutions of learning or scientific res€ unless by reason of inadequate caging or c means of protection of the public from animals, or by the ineffectiveness of sanita measures, or by a particular hazard connected the animal(s) involved, animal or public hea safety or welfare will be endangered. (e) IMPdUNDMENT AND/OR ABATEMENT. The Department may imy and/or abate any animal held in violation of this section relocate or dispose of it in a humane manner or impose spec reasonable conditions and restrictions for the maintenance 0: animal (s) . At least three (3) working days prior to impoundment and/or abatement, the owner shall be notifie his/her right to a Departmental hearing as to whether the anim being held in violation of this section. If the owner reque: hearing prior to impoundment and/or abatement, no impounc and/or abatement shall take place until the conclusion of hearing except as provided herein. If, in the opinion of the Department, immediate impoundme necessary for the preservation of animal or public health, sa or welfare or if the animal has been impounded under provisions of law, the pre-impoundment hearing may be disp with; however, in such cases, the owner shall be given thre working days notice of his right to a hearing as to whethe animal was being held in violation of this section. not apply to: 0 e If a hearing is requested, the animal shall not be dispose( prior to satisfaction of the hearing requirements. A finding 4 hearing that grounds exist for the impoundment and/or abatemen. the animal, or the failure of the owner and/or custodian to reqi a hearing or the failure to attend or be represented at a schedi hearing, shall satisfy the hearing requirements and the an. shall be impounded and/or abated. If, at the conclusion c hearing, the impoundment is found not to be justified, the an. shall be returned to the owner without charge. The Department also commence proceedings in accordance with the Uniform Pul Nuisance Abatement Procedure contained in Chapter 2, Divisioi Title 1 of this Code. (f) VIOLATION. Any person who violates any provision of section or who fails to comply with any condition or restric imposed pursuant to subsection (e) is guilty of a misdemeanor Sec. 62.682. PUBLIC NUISANCE. (a) GENERAL PROVISIONS. The introduction, possessio maintenance of any animal, or the allowing of any animal or ar premises to be in contravention of this chapter or any other relating to or affecting animals is in addition to beii violation, hereby declared to be a public nuisance. The Depairtment, the Health Officer, the County Veterine and peace officers, are hereby authorized, directed and emPo% to summarily abate any such public nuisance independently of criminal prosecution or the results thereof by any means reasoi necessary including but not limited to the destruction of animal or animals involved, or by the imposition of spec reasonable conditions and restrictions for the maintenance 0: animal (s) and/or the animal premises. The restrictions conditions may include, but are not limited to: Obtaining and maintaining liability insu: in the amount of one hundred thousand do ($100,000) and furnishing a certificat proof of insurance by which the Depar' shall be notified at least ten (10) days to cancellation or non-renewal or, at owner's option, the filing with the Depar of proof of a bond in the amount of th five thousand dollars ($35,000), to be ab respond in damages; 2. Requirements as to size, constructior 3. Location of the animal's residence; 4. Requirements as to type and rnetho 1. design of enclosure; restraints of the animal; e e I, * 5. Photo identification or permanent marking the animal for purposes of identification; 6. A requirement to obtain a public nuis; registration in addition to any lice required under section 62.620 of this cod( Requirements to allow inspection of the an: premises, and/or the animal and its enclost by the Department or any other law enforce1 agency, and to produce upon demand, proof compliance with all requirements of 1 section; A requirement to alter any dog which has found at large three or more times; and, 7. 8. 9. Payment of a reasonable fee to recover costs of the Department in verif compliance and enforcing the provision2 this section. Failure to comply with such conditions and restrictions misdemeanor. The Department may also commence proceedings in accord with the Uniform Public Nuisance Abatement Procedure containe 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 c or custodian of record shall be notified of their right hearing to determine whether grounds exist for such impounc and/or abatement. If the owner or custodian of record reque2 hearing prior to impoundment and/or abatement, no impounc and/or abatement shall take place until the conclusion of hearing except as noted in subsection (c). (c) IMMEDIATE IMPOUNDMENT. When, in the opinion of Department, immediate impoundment is necessary for the preservi of animal or public health, safety or welfare, or if the anima been impounded under other provisions of law, the pre-impounc hearing shall be waived. However, the owner or custodian of r( shall be given a notice allowing five (5) working days to rei an abatement hearing. If a hearing is requested, the animal not be disposed ‘of prior to satisfaction of the he requirements. A finding at an abatement hearing under subsection (b) c that grounds exist for the impoundment and/or abatement of the or the failure of the owner and/or custodian to request a he or the failure to attend or be represented at a scheduled hea shall satisfy the hearing requirements and the dog sha: impounded and/or abated. 0 0 r< * (d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. The oh and/or custodian of a public nuisance animal who moves or sells animal(s), or otherwise transfers the ownership, custody residence of the animal(s), shall at least ten (10) days prior the sale or transfer, inform the Department in writing of the na address and telephone number of the proposed new owner custodian, and/or the proposed new residence, and the name description of the animal(s) . The Department may prohibit proposed transfer for cause. The owner and/or custodian shall, in addition, notify any owner or custodian in writing regarding the details of the animi record, and the terms and conditions for maintenance of the ani] The owner and/or custodian shall also provide the Department 1 a copy thereof containing an acknowledgment by the new ownei custodian of his/her receipt of the original and acceptance of terms or conditions. The Department may impose different additional restrictions or conditions upon the new owner custodian. If the animal should die, the owner and/or custodian s notify the Department no later than twenty four (24) h thereafter and, upon request, produce the animal(s) verification. If the animal escapes, the owner and/or custo shall notify the Department and make every reasonable effor recapture it: Any person who violates any provision of subsection is guilty of a misdemeanor. (e) POSSESSION UNLAWFUL. It is unlawful to have custod] own or possess an animal regulated as a public nuisance unle: is restrained or confined to prevent it from being at large or causing damage to any property or injury to any person. Any pf who violates any provision of this subsection is guilty misdemeanor. (f) SURRENDER OF ANIMAL UPON DEMAND. The owner a1 custodian of an animal regulated as a public nuisance : surrender such animal to the Department upon demand. Any person who violates any provision of subsections (a), (d) , or (f), of this section is guilty of a misdemeanor. Sec. 62.683. INJURIES AND COMMUNICABLE DISEASES. No p shall knowingly harbor or keep any dog or other animal w: serious injury or afflicted with mange, ringworm, distemper o other contagious disease, unless such dog or other animal i the opinion of the Department or the County Veterinarian, given adequate treatment for such disease. The Department o County Veterinarian may take immediate possession of any animal not being so treated or which is not responding to treatment, and immediately dispose of the animal unless the shall forthwith place such animal under the control and tree of a licensed veterinarian. Any person who violates any prot of this Section is guilty of a misdemeanor. 0 0 4 tk* Sec. 62.684. HEARINGS. (a) All'hearings required pursuant to this article shall conducted by the Director personally or by a designated emplo who shall not have been directly involved in the subject acti Hearings shall be held not more than thirty (30) days from the d of receipt of the request for the hearing and shall be conducted an informal manner consistent with due process of law. A hear may be continued if the hearing officer deems it necessary proper or if the owner or custodian shows good cause. The Direc or the designated employee shall render a brief written decis which shall be final. The failure to conduct a hearing requirec this article shall have no bearing on any criminal prosecution violation of any of the provisions of this article. (b) Each party shall have these rights: To call and exaI witnesses; to introduce exhibits; to cross-examine oppo: witnesses on any matter relevant to the issues even though 1 matter was not covered in the direct examination; to impeach witness regardless of which party first called the witness testify; and to rebut the evidence against the party. If owner/custodian does not testify in his/her own. behalf, owner/custodian may be called and examined as if under cr examination. The'hearing need not be conducted according to techr? rules relating to evidence and witnesses. Any relevant evid shall be admitted if it is the sort of evidence on h responsible persons are accustomed to rely in the conduc serious affairs, regardless of the existence of any common la statutory rule which might make improper the admission of evidence over objection in civil actions. Hearsay evidence m? used for the purpose of supplementing or explaining any d: evidence but shall not be sufficient in itself to support a fix unless it would be admissible over objection in civil actions. rules of privilege shall be effective to the same extent that are now or hereafter may be recognized in civil actions irrelevant and unduly repetitious evidence shall be excluded (c) e e , **L' Sec. 62.685. PROTECTION DOGS/OPERATORS. A protection operator as defined in Section 7521 of the Business and Profess Code shall, in addition to State Code requirements, register tl name and file a copy of their State identification card with Department. Such notification shall be mailed not more . fifteen (15) days from receipt of State identification card. addition to compliance with the State Codes, protection operators shall notify the Director prior to, but not more fifteen (15) days before the placement of a protection doc assignment. A 'Iprotection dog" as defined in Section 7521 of Business and Professions Code means "any dog trained to gu protect, patrol or defend any premises, area or yard, or any trained to protect, defend or guard any person or property wit without the necessity of direct human supervisionll . In additic State Code requirements, the sale, transfer or use of a Wic Dog" 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 62.700 e 9 /* s a" 9-86 CHAPTER 7 (Chapter 7, VACCINATION, Section 62.701 repealed and readopted by Ord. No. 2041 (N.S.) Eff. 5-3-60) (Chapter 7 repealed by Ord. No. 4188 (N.S-) Eff. 11-29-73) (New Chapter 7, ANIMALS IN VEHICLES, Sections 62.700-62.701, added by Ord. No. 7177 (N.S.) Eff. 9-4-86) ANIMALS IN VEHICLES Sec. 62.700. TRANSPORTATION OF ANIMALS. No person shall transport or carry, on any public highway or public roadway, any animal in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cab or container, secured cage, cross-tether, harness or other device that will prevent the animal from falling frc being thrown from, or jumping from, the motor vehicle. Sec . 62.701. ANIMALS IN UNATTENDED VEHICLES. No person shall leave an animal in any unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adverse1 affect the animal's health or welfare. t - I ea 4 m .p": LC? 949M - 949924 ((50 $%A& + 9-H COUNC\L RE/ * San Diego County Veterinary Medical Association 7590 EL CAJON BLVD. SUITE H LA MESA, CALIFORNtA 91941 (619) 466-3400 DATE - &-c29 June 19, 1991 7- - Dear &%/m Council b@mIxr, 1 -%~,;r y~u will * aske5 F-: ~&e 2 Gzisic>;; 3s CY .-u i.+nck--- "I-I-L-LIGL La CllcW 572 1 randan-source dqs (those picked up by tke Lepartnrent of Animal Contsrc unclaimd by an mner) in teachkg or medical research. We urge you 1 consider adoption of the Arrerican Veterinary Kedical. Association (AW position on the use of these animals. The psition of the AVMA on the use of "randan-source" dogs and cats &aching and biomdical research is as follows: The Carefully controlled use of rancan-source animals contributes greatly to improving the health and elfare of bth -1s and hunm beings. Therefore, the AVMA 'kelieves that there is ample justification for the prudent and hme use of random-source animals in veterinary mdical education and biomdical research, provided that: 1991 OFFICERS Norman K Hibser DVM President G Rochelle Brinton DVM President-Elect Brian R Davis DVM Vice President Camille Secretary-Treasurer Ivey, DVM Past President EXECUTIVE BOARD Rosanne Brown DVM these purposes, and AJ Hardy DVM 1. The institution conducting such teaching and/or research has met all legal requirernznts and guidelines pertaining to the acquisition, care and use of animals for these purposes , The individual investigators have thoughtfully examined the need for such animals and carefully selected the spcies md conservatively determined the nutnber -b be used, Adequate safeguards are used to ensure that only unident- ified, unowned and specifically authorized animals are obtained fram animal shelters and humane societies for 2. Richard G Johnson DVM 3. Patricia Gilberl DVM Carlos Gonzalez DVM Priscilla Stockner OVM CVMA Delegates R Dale Collier, DVM Dwayne Jeffnes, DVM Enclosed you will find the position Sts;lteIWnt Of the AVMA in it's er Please note the "background" section which addresses a numkr of l@ CVMAAlternate Delegates objections to the-use of these animals. I feel it will be of value Jeff Jenkins. DVM in addressing the emotional questions and staterrents put forward by who muld outlaw the use of these anirrals in teaching and research. 4. Preventative n-easures are Laken to guarantee tihe health of animals obtained fron sich fzcilities &fore they are used in teaching or research situations. Hugh Norris, DVM District I Governor Roger Beck, DVM June 19, 1 0 13) Page 2 .. Wre inprtantly, let us urge you to help lsrhg the various parties on sides of this issae together to address the mre significant underlyir problem of unwanted pets, pet overpopulation and irresponsible pet OWI Yearly hundreds of unwanted animls fran your area are put to sleep ir county shelters. Over 50,000 in San Diqu County and 10 to 15 millior the United States annually (incidentally less than 3% of these animals used for teaching or medical research). If this problem ere to ke solved the use of these animals in reseaxcl be a mt argmrent! The manifold fronts of higher fines for roaming 4 educational programs on pet sterilization and responsible pet mersh accessible spay and neutering programs such as that proposed by the g Spay/Neuter Action Program (SNAP) are a good start to addressing the 1 but only when E have changed the outlcok of the average pet mer wi see an end to the carnage tkat cccxrs irr tke shelters. Sincerely, m //& / 8dh 77. Nom X. Hiker, D.V.M. President mwm Enclosure rrru 1-i-1 u I I I I 0 e AVMA Animal Welfare PoBitione, Page 9 properly enforced and implemented, ate adequate to engtare humane care anc treatment of laboratmy animala. The AVMA supports sufficient USDA/APKIS funding for adequate enforcement, along with more adequate statutes and regulatione, to better emure humane care of animals in research fac.iliti.6 Many effective alternatives to the use of live arIFmal8 in research, testing, and education have been developed and are in use, encouragee'researchera to carefully asses0 thca need for animala in their projects, including the choice of apecies and the number of animale necea tb achieve the experimental objective. Individual investFgatore, in cooperation with the institutional animal care and use comFCtee8, are be qualified to make these determinations. Continued df3VelQpment of alternc methode, education on experimental deaign, and riaing coats of using anin are likely to reduce the need for uefng animals. 4. Titler Use of Randocn-Source Dogs and Cat6 fa# Teaching and Biomedical Research Reccxmrendation: contributes greatly to improving the health and welfare of both animale l human beinge. Therefore, the AVMA believeo that there is ample jut3tifiC for the prudent and humane use of random-lourco animals in vetarinary me! education and biomedical research, provided that; 1. The inetitution conducting such teaching and/or reeearch ha8 m legal requirements and guidelines pertaining to the AcCpieftion, c and u8e of animala for these purgosesr 2. The individual investigators have thoughtfully examined the ne euch animals and have carefully aelectsd the sgeciear and coneervat determined the number to be used} 3. Adequate oafeguarde are used to ennure that only unidentified, unownedr and specifically authorized animals ate obtained from and shelters and humane eocietieo far these purponeP; and 4. Preventive 1nea8ure~ era taken to guarantee the health of anlm obtained from auch facilities before they are used in teaching or r06earCh aituations. Background: The veterinary medical prafesoion La dedicated to improvin heslth ssd wa:l-bsing of 50th ~iiLr;,ala axl bmcn 38tnga. Ir. %air prcf9 oath, veterinarians vow to use their "~cientific knowledge and titkilU f benefit of society through the protection of animal health, the relief anFmaL euffering, the conservation of liveetock reQources, the promotic public health, and the advancement of medical knowladge.11 Concern ha8 voiced recently about poasible conflicts among eome of these worthy abjectives, particularly the goals of relieving animal suffering and ad medical knowledge, A0 a reeult, @om criticfa have cdhd for elbinat! uae of animals in teaching and research, eepacially those animale not 1 raised for laboratory u13e (i.e., randorn-source anhalo). The AVNA believes thie non-uae pouition Fa not ju8tifie8, either baeia of the welfare of the animala involved or on an aaseeament of gar potential benefits to humankind and other anbale. Indeed, it f.8 BSBBJ the well-being of human being8 cnd nnimaln that auch inetruction and r be continued. Further, adequate oafeguarde exist which, if rigorously enforced, protect the welfare of all animals, including random-source used in re8ebrchl testing, and education. When-the 1.188 of random-source ranimals is not permitted, a Bevere shortage of dog6 and cats for research .and teaching purgoecae may devel Surveys of users of doga for teaching and reesatch generally reveal tt coat& for commercially raifi8d animals are prohibitively expensive for The AVMA The carefully controlled u8e of random-eource animals . a e FROM:R U M Gl AM Animnal Welfare Positions, Page 10 studies. The effect would be curtailment of re8earch;and teaching would surely suffer as well, The large pdpulation of unwanted and ettay dogo and cats in the [mi States aCCOudt8 for the eetimated 10-15 million dog0 Bnd cats deatroyed annually by shelters and animal control facilities. By contfaet only 400 (or leea than three percent of thoee put to death) are utilized for reeea and teaching. These animals are given tho beet veterinary care and often able to live longer than if left at the nheltere. The veterinary medical profeeeion work5 diligently to educate the E concerning rosponsible pet ownership and the need for animal birth contrc However, given the sxiatence of mlllione of umle,irnr.?d cnd urrtar.ted dogs s cats, it does not appear to be either humane or practical to fail to use animale while raining additional purpose-brad animals for use in biomedic remarch, eafety teeting, and teaching. regarding animal uae, it is important to realize that the public doe8 be: major share of expenea for research and teaching. At a time when fundim medical research must vie with funding for other important programs, it unjuetifiable extravagance to increase the coat of research by ehukting 1 the supply of unclaimed dogs and cats that would be otherwise detrtfned ti nameleae, purpomloea end, identification of animala, not only to guard againet inappropriate 1.108 o animd.0 in laboratories, but also to asoust3 that lost and stolen pets arl inadvertently destroyed in animal shelterrr. . animals coming into animal COII~XQ~ facilities have a license tag, rabies name tag or a permanent skin tatoo €or identification. Laws in mout ata specify that anyone taking an animal to an animal control facility can a that, if unclaimed, the animal muat be euthanatized rather than released research. Every effort should be made to find responsible ownera for th identified animals; specifically thoee brought to the facility fot adopt prevent them from being releaeed for research without authorization fror owner : 1. Acroure ownera easy and inexpansive accea8 to facilitiee to id4 their peta. 2. Prevent releaee of liceneed animals to research institution8 t the de&sion is authorized by the legal owner, 3. Extend the holding period o€ etray animals in an animal cantr facility to at leaat five working daye, to include a Saturday. R of animals to research institution would be permitted only after holding period. 4. Develop a method far locating loat pets and notifying owners a "hot Line" or computer eyetem. !?hue, owners searching for a lo could go to any facility in the region and tegueat a computer Oea the lost animala. In stat88 where random-eource dogs ara not available from local E Control fscilfties, there fare increasing problems with "dog-napping" 0j animals become valuable for sale to vendora. Random-source dogs and cdte are suitable for many research and t6 projects. They are heterogenoue, a charaotsristic that rnaksa them valt for many reeearch projecte, Xighly reptoducible reeults from heterogc Although economic considerations alone Muat not dictate policies The veterinary medical profeaaion also 1s concerned about proper Statisticer in moet state8 show that leas kh&n 10 percent of Stray The following suggeation~ enhance the ability to locate lost pet5 e 0 jl .' .LC . FR0M:FI U M R AVMA Animal Welfare Poaitions, Page 11 animale indicate that the research Fa probebly dealing with B generalized phenomenon. Such reaulta might not occur from a homogenoua group. Thia * important since results from atudiee on heterogenous animal population8 m provide more confidence for general. applicability in solving clinical problerna. At timea, an inbred animal ie needed to define and enhance a a uaing minimal number of influencing factors. Once a specific result 1s obtained, a random genetic population ie again needed to a~aure valid res Often genetic factora interact in everyday life eituationa. Some reeearc does require the we of homogenous animale. In auch projecte, laborator], raised, pure-bred animals are ueed. The health of random-source animal8 Fa generally satisfactory. Whl infectious dL3ease.e are a11 cccnaionsi prob;em, animalw caii Sa !mid in quarantine upon their arrival at reeearch facilFtFes, Under quarantine 1 are provided with proper veterinary medical attention so they can be in t health before being uaed in research. Clearly, unhealthy experimental ai will yield data which are meaningless and misleading, These risks provic additional a~~urance that the research community will u8e high quality ai and appropriate veterinary care in their rcaeearch efforta. Veterinarians should reoognize that each locnl animal ehelter ie a independent entity rrtith its own policiw. Xt may be a non-proflt humane eociety or SPCA, or a governmentally-run animal control center. Though participate in atate or national activitisa it: ia not a branch of any na organization. Ita policies are established and adhered to our of what j pffrC9iV813 to be ethical concern for the animal'e mlfare according to LC national intereaote. The RVMA ha8 maintained a leaderehip role in Bchieving CORUnUniCati and coopetation among locpil animal shelters and veterinarians. cooperation can be seriously undermined fn the confrontatLonal atmoepher often surrounds the releaae of shelter animals for biomedical teaching i research purposes. To achieve thia underEttandLng, veterinariane muet recognize that the is6ue of random-aource animals if3 highly controversii emotionally charged, and often i.6 oppoeed by reeponeibla animal care ant control sheltergl because aurrender of their animals for research and ter purpoeea placea them in a difficult public relatiom poeition with theis conetituencies. Animal sheltersr do not mi3 their reaponeibirity as providing inex aource8 of animals for reaaarch. Animal care and control agencies have reeponsibility to maintain high standards dsaigned to inspire the publi place their confidence in the shelters. Without: khio a86urancer many c fail to entrust khdr unwanted or etraying dog6 or cats to these fad13 resulting in widespread abandonment add anfmd suffering. ThougL-aome atudies have shown high percentages of the public ger in 8upport of biomedical research, supporters of humano and government8 animal eheltere are offen oppoeed to the surrender of dogs and cat% thi be previoualy-owned houeehold pets for research purpoaes, not matter hi prudent, humane, and meaningful that reaearch might bta. They 888 this eurrender - either voluntary or especially mandatory - ae a COnflkt 0 intereat, eounterproductive to their purpoaea, and contradictory to thi a6 a safe eheltaring haven. Shelter6 do not exist to eupport reeearoh exist tQ prevent cruelty, to educate the public, to Shelt8r the homels adapt the unwanted, to enforce the lawte, to return the loat and etrayi when neeemdry, to provide the unwanted with tho dignity of a humane cl Existing AI@N policy encourages vetsrinnriano to be eeneftLve to cuncerns of animal care and control organizations, and cooperate in an population control effotta and reaponeible animal ownership pr~grame. Thiu L .-- - - -& t e-_ 7 e1-w COUNCIL READ E h'/7' 0 UNIVERSITY OF CALIFORNIA, SAN DIEGO SANTA BARBARA * SANTA BCHKELPY DALIS IRVllriE LOS ANGELES RIVERSIDE SA& DIELO SAN FRANCISCO CERARDh BURROW M D VlCF CHANCEL1 OR FOR HEAl TH CCIEYCE\ DEAN SCHOOL OF MEDICIUE LA JOLLA CAI IFORNIA 92091U602 June 7, 1991 The Honorable Claude Lewis Mayor, City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Lewis: TJCSD is a leading research institution with a prominent clini care program at the UCSD Medical Center. Untold thousands of lives threatened by illnesses like heart disease and diabetes have been saved through vital medical research with the use c pound animals about whose use much misinformation has been circulated. As you may recall, Supervisor MacDonald placed Proposition C last November's ballot - a measure to advise the Board of Supervisors about public opinion on the use of pound animals medical research. Proposition C passed by an overwhelming majority, 68% voted yes, 32% voted no. The view of UCSD is t there is broad public support for the use of stray and uncla- dogs and cats in humane medical research conducted on our cai When the Carlsbad City Council last met during the budget pr you did not have the benefit of this expression by the voter We believe the clause in the City of Carlsbad's contract wit County Department of Animal Control which requires that the department give you advance notice if they plan to sell anim from the North County Shelter to UCSD is unnecessary and may accurately reflect the views of your constituents. We would you to consider removing this clause from your contract with County Animal Control office. UCSD has a strong record of humane and safe use of animals. laboratories are regularly monitored by federal and state regulators. Medical protocols requiring the use of animals carefully examined by a committee which includes 3 public members. Continued access to animals county-wide is essentj our research programs at the School of Medicine. Thank you for your consideration of this matter. Sincerely, 4 q*- Gerard N. Burrow, M.D. \ e==-=%-Jd "7 e ' UNIVERSITY OF CAL h RNIA, SAN DIEGO a 1 '\ -x .-.- BERKELEY . DAVIS * IRVINE * LOS ANGELES * RIVERSIDE - SAN DIEGO * SAN FRANCISCO SANTA BARBARA * SA CITY COUNCIL READING FI 9500 GILMAN DRIVE FAX: (619) 534-6833 SCHOOL OF MEDICINE DATE s ,~g LA JOLLA, CALIFORNIA ( DEPARTMENT OF PHARMACOLOGY June 12, Carlsbad City Council 1200 Elm Avenue Carlsbad, CA. 92008 Ladies and Gentlemen: I notice that the issue of pound animal use by U.C.S.D. is once again c before you. As a researcher at U.C.S.D., I wish to encourage you not to be swa: the very vocal "animal rights" groups in this area and to recall that over twc of the electorate voted to approve current animal use in last Fall's referendum I also wish to call to your attention several important features of U.C animal use: 1. Only a small number of pound animals are used for teachin research 2. Animal use at U.C.S.D. is stringently regulated by the U.S. Dep# of Agriculture and by the Public Health Service (which pi grant support for most medical research at U.C.S.D.). 3. Animal use is carefully supervised by a joint cornmunit committee that exhaustively reviews individual research and tc protocols. A professional staff of veterinarians and tech receives, houses and cares for animals in the highest profe manner. The animal rights groups will undoubtedly make their usual (and charges: 1. that animals are abused at U.C.S.D. Animal rightists will shc pictures of primates with cerebral electrodes, pictures 30 years ( pre-dating this institution. They will show you pictures of being used in cosmetic testing. Such work does not go on her( \ m w< .-- r any medical school I am familiar with. Only protocols with ht use of animals for bona fide scientific research are approved carried out at U.C.S.D. 2. that animal research can be done on a computer. This is a impossibility to anyone with knowledge of computers or biom research. Computers are wonderful analytical tools, excellen creating models and fitting data to them, but a computer doe create new basic discoveries. We are not an institute of theoi biology; we are a medical school in which teaching and researc firmly grounded in mammalian anatomy, physiology biochemistry. The computer is simply no substitute. 3. that animal research can be done on cultured cells in plastic d Many of us use cultured cells as model systems. However, cu cells cannot duplicate the more compIex behavior of organs multiple cell types or of organ systems. For instance, we can some interesting biochemical information about the heart studying cultured heart cells from newborn rats, but to stud mechanical properties of the heart - the actual pumping of blood must study a working heart, a heart either removed from an anin in an anesthetized animal. There is no substitute. I encourage you to reject the emotional and unfounded charges of the : rights groups. They have incorrect ideas about medical research and demonst decidedly anti-intellectual and inhumane approach to human suffering. I1 they fully intend to stop the use of animals in medical research and teaching. people seem not to appreciate the contribution of animal research to the ad we are making in medical care (drugs, surgical procedures, replacing in procedures with non-invasive ones, diagnostic procedures) and the importan animal models in teaching physiology and anatomy to medical students. extremists also seem not to realize that pound animals will be killed nonethel not utilized at U.C.S.D. and that appropriate anesthesia and care are the stand U.C.S.D. To one who has dedicated a lifetime to biomedical research and teachin views of animal rights groups are astounding and naive. Please be assured th scientists respect life and treat animal use as a privilege. We hope yo1 continue your support by continuing our access to pound animals. Sincerely, l- z3-b Laurence L. Brunton, Ph.D. Associate Professor Pharmacology and Medicine LLB/mbs