HomeMy WebLinkAbout1991-09-03; City Council; 11325; ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE'* '
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*1 :.A ?' CITYIA CARLSBAD - AGEND~ILL
AB # II,32S TITLE: DE
MTG.q-3-71 ADOPTION OF COUNTY ANIMAL CONTROL CI'
CI' POL REGULATIONS BY REFERENCE DEPT.
RECOMMENDED ACTION:
Receive public testimony and adopt Ordinance No. NS-167 amending San Diego
County Code by reference.
ITEM EXPLANATION:
The agreement between the City of Carlsbad and the County of San Diego for the
provision of animal control services requires that the City adopt the San Diego Cou
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 ordinar
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 amended
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 animals,
vicious dogs, and authority to enforce a newly enacted state law pertaining to, amoi
other things, impoundment of neglected or abandoned animals. Further explanatio
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 of
fo r public inspection.
FISCAL IMPACT:
None.
EXHIBITS :
1. Ordinance No. &-h? .
2. Copy of "Revisions to Chapter 6" and "Explanation of Amendments" prepared by
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.
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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
7.08.01 0, TO ADOPT BY REFERENCE THE RECENTLY
REVISED SAN DIEGO COUNTY CODE OF REGULATORY
ORDINANCES DEALING WITH RABIES, ANIMAL
CONTROI AND RFGlJl ATIONS.
The City Council of the City of Carlsbad, California does ordl
as follows:
SECTION 1: That Title 7, Chapter 7.08 of the Carlsbad Munic
Code is amended by the amendment of Section 7.08.010 to read as
follows:
"7.08.01 0 Adopted bv - reference.
Title 6, Division 2, Chapters 6 and 7 of the San Diego Count]
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, i*
shall mean the corresponding board, territory, area, agency, offi
employee or otherwise of the city, and if there is none, it shall n
that the county is acting in the same capacity on behalf of the c
EFFECTIVE DATE: This ordinance shall be effective thirty d
after its adoption, and the City Clerk shall certify to the adoptio
this ordinance and cause it to be published at least once in the
Carlsbad Journal within fifteen days after its adoption.
i
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 6th day of August , 1991, and
PASSED AND ADOPTED at a regular meeting of the City Counc
day of September 1991, by tt of the City of Carlsbad on the
following vote to wit:
3rd
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyga
NOES: None
ABSENT: None
aeLStA,i/R-
ALETHA L. RAUTENKRANZ, City CleA
. I) EXHIBIT 2 0
REVISIONS TO CHAPTER 6
BACKGROUND INFORMATION:
Most of the revisions involve non-substantive language and format changes. Howe
there are several notable changes concerning public nuisance animals, "Vicious Do
and authority to enforce a newly enacted state law pertaining to, among other thir
impoundment of neglected or abandoned animals.
PUBLIC NUISANCE
Section 62.682 was amended by specifying that certain animal premises maintaine
violation of law may be subject to abatement action. The amendment would also pro
consistency with existing enforcement authority by extending the basis for abaten
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 relatin
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 LI
parallels related authority in section 62.674.
Spavind Neutering
Since unrestrained dogs which are not spayed or neutered contribute to the
overpopulation problem, an amendment to this section will enable the Departme
require the altering of any dog found at large, in violation of law, three or more tl
This would be an additional component of the Department's efforts to contrc
overpopulation caused by irresponsible owners.
IMPOUNDMENT OF NEGLECTED/ ABANDONED ANIMALS
Section 62.661 (a) (Enforcement Provisions) was amended by adding authority fc
Department to enforce the recently enacted Penal Code section 597.1. This legis
permits governing bodies of local agencies to elect one of two statutes relating to, a1
other things, impoundment of neglected animals.
This amendment will provide authority for specified officers to seize any neglect
abandoned animal under certain circumstances and will provide the owner or poss
of any animal subject to impoundment under this section with notice of the seizur
the right to a hearing. It will provide for the return, without charge, of any i
improperly seized. It will also provide that properly seized animals shall be deen
be abandoned, if expenses are not paid within a specified period, or forfeited
conviction of the owner for a violation of this section.
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The seizure provisioris of existing Penal Code Section 597f were found to
constitutionally invalid 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 [1976] 63 Cal.App.3d 724, 134 Cal.Rptr.1
Until now, the legislature had not amended the invalid seizure provisions of 597f I
provided alternative seizure authority elsewhere. In the absence of this new author
seizure of animals protected by Title 14 would continue to be constitutionally invalid.
This legislation adds notice and hearing provisions consistent with constitutic
standards. This legislation also represents a reasonable and common sense appro:
which will protect the health and safety of animals as well as the rights of animal own(
VtClOUS DOGS
Section 62.674 was amended by deleting the requirement to conduct a hearing relal
to impounded "Vicious Dogs" within five (5) days of the request since time periods
hearings, unless specified elsewhere, are covered under section 62.684. The amendm
further specifies that the hearing requirements can be met even should the owner fal
attend a scheduled hearing.
The amendment clarifies that the owner or possessor of the "Vicious Dog" may now
required to obtain a "Vicious Dog" registration, allow inspection of the dog and
enclosure, and produce proof of compliance upon request. The amendment also pel
the department to prohibit a proposed transfer of a "Vicious Dog" for cause, as we1
require notification arid, upon request, verification of the death of a 'Vicious Dc
Additionally, the amendment will require surrender of the dog to the Department ul
demand.
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EXPLANATION OF AMENDMENTS:
NOTE: Several non-su bstantive language and format changes have b
made throughout the chapter.
Section 62.601 (t)
"Kennel" was amended by clarifying that regulatory provisions apply to spec
operations regardless of the purpose for which animals are kept or maintained.
Section 62.601 (z)
"Owner" was amended by clarifying that ownership is also established by a person
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 seci
which are considered more serious than infractions. The impact of these violations di
in kind rather than degree from other offenses since they present a substantially grc
threat of harm to animal and/or public health, safety, or welfare.
Additionally, this section was amended by permitting prosecutors to charge spec
offenses, classified as misdemeanors, as infractions. This will provide flexibility in c
which present mitigating circumstances or other prosecutorial concerns.
Section 62.61 0
"Vaccination Required" was amended by clarifying the persons responsible for comF
with the mandatory duty and by adding the requirement for such persons to retai
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 I
animals of a species subject to rabies have a legal duty to notify specified agencic
Section 62.620
"License Required" was amended by clarifying the persons responsible for comp'
with the dog licensing requirements.
Section 62.641
"Licensing Procedures" was amended by adding a reference to the code section
defines the affected activity.
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Section 62.645.1 2(el
"Classification and Separation" was amended by adding a requirement for ker
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 enfc
the recently enacted Penal Code section 597.1. This legislation permits governing bo'
of local agencies to elect one of two statutes relating to, among other thii
impoundment of neglected animals.
This will provide authority for specified officers to seize any neglected or abandc
animal under certain circumstances and will provide the owner or possessor of
animal subject to impoundment under this section with notice of the seizure and the
to a hearing. It will provide for the return, without charge, of any animal improl
seized. It will also provide that properly seized animals shall be deemed tc
abandoned, if expenses are not paid within a specified period, or forfeited 1
convictjon of the owner for a violation of this section.
The seizure provisions of the existing section 597f were found to be constitutionally if
for failure to provide the owner or possessor of an impounded animal a reasonable r
and hearing as required by the due process clause of the Fourteenth Amenc
(Carrera v. Bertaini [1976] 63 Cal.App.3d 724, 134 Cal.Rptr.14). Until now, the legis1
had not amended the invalid seizure provisions of 597f nor provided alternative SE
authority elsewhere. In the absence of this authority, seizure of animals protected b
14 will continue to be constitutionally invalid. Furthermore, any related prose(
involving a seizure may be flawed.
This legislation adds notice and hearing provisions consistent with constik
standards. This legislation also represents a reasonable and common sense apF
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 amenc
clarifying the persons responsible for restraint of dogs as well as permissible excel
This section was also amended by adding a reference to the code section which c
the prohibited activity.
Section 62.669.1
"Public Protection from Dogs" was amended by clarifying the persons responsl
preventing the prohibited harm.
Section 62.669.5
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"Vicious or Dangerous Animal'' was retitled and amended by adding misdemea
penalties for owners of "Protection dogs" which, under certain circumstances, attack
cause injury to persons engaged in lawful activity.
Section 62.671
"Female Dogs in Season (Estrus)" was amended by clarifying the persons respons
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 o
request since time periods for hearings, unless specified elsewhere, are covered u
section 62.684. The amendment will further specify that the failure to attend, o
represented at a scheduled hearing shall satisfy the hearing requirements.
The amendment will clarify that the owner or possessor of the dog may be requirt
obtain a "Vicious Dog" registration, allow inspection of the dog and its enclosure, ai
produce proof of compliance upon request. The amendment will also permi
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.
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 enforcc
agencies which conduct investigations based on information from anonymous pel
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 o
This will also replace the duty to inform the owner of "the location of the animi
notice that 'the animal is in the custody of the Department". This will ensure tt
keeping of certain "Vicious Dogs" and public nuisance animals which, becaus
substantial security risk, may be held in undisclosed locations until the conclusil
hearing.
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Section 62.679
"Return of Animals to Their Owners" was amended by clarifying that the right to clain
impounded animal by paying the applicable redemption fee, etc., is limited to anir
which are not subject to abatement action. The disposition of those animals is COVE
under sections 62.674 and 62.682.
Section 62.680
"Holding Period, Disposition and Altering" was reformatted without substantive chan
Section 62.681
"Wild Animals" was amended by prohibiting the possession of any venomous re
Additionally, this section was amended by specifying that the failure to attend, c
represented at a scheduled hearing shall satisfy the hearing requirements.
Section 62.682
"Public Nuisance" was amended by specifying that certain animal premises maint:
in violation of law may be subject to abatement action. The amendment will also prc
consistency with existing enforcement authority by extending the basis for abate
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 th
overpopulation problem, an amendment to this section will enable the Departrn
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.
0 EXHIBIT 3 e
ORDINANCE NO. 7906 (NEW SERIES) Effective 6/2(
AN ORDINANCE AMENDING CHAPTER 6 OF DIVISION 2 OF TITLl
OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINAN RELATING TO ANIMAL CONTROL
The Board of Supervisors of the County of San Diego do ord
as follows:
Section 1. Chapter 6 of Division 2 of Title 6 of the San Di
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 follor definitions shall apply:
(a) I1ALTEREDtt for a female means having had the ovaries
uterus surgically removed; an ovariohysterectomy. ItAlteredt8 f
male means having had the testicles surgically removed.
(b) t8AMBIENT TEMPERATUREt8 means the temperature surroun
(c) t8ANIMALtt shall include but not be limited to bi
(d) "AT LARGE" means being on any private property wit
permission of the person who owns or has a right to possess 01 the property; or unrestrained by a leash on either public prop( unless expressly permitted by law, or private property open ti public; or in any place or manner which presents substantial
of imminent interference with animal or public health, safet welfare.
the animal.
fishes, reptiles, and non-human mammals.
(e) IIBOARD OF SUPERVISORS" means the County of San D. Board of Supervisors.
(f) !#CLERK OF THE BOARD OF SUPERVISORStt means the Coun
San Diego, Clerk of the Board of Supervisors, his/her agen'
deputies.
(9) ttCOUNTYtt means the County of San Diego.
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(h) llCOUNTY 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 persc
"DEPARTMENTt1 means the County of San Diego, Departmen. Animal Control, its agents or deputies.
(i) "COUNTY VETERINARIAN'' means the County of San Die
(j) lrCURBff means to so restrain or control an animal that
(k)
(1)
(m) llDIRECTOR1l means the County of San Diego, Director
Animal Control, his/her agents and deputies.
(n) tlDOG1t means a Canis familiaris of either sex, altere,
unaltered; or any other member of the Canis genus if owned, k
or harbored.
(0) I*DOG LICENSE" means a properly completed certif ica
issued by County or other official dog licensing agency, inclu
the dog owner's name, address, and telephone; the dog's name
description, including breed, color, sex, month and year of bi
rabies vaccination date; license tag number and expiration da
(p) "DOG LICENSE APPLICATION - RABIES CERTIFICATE FORM" E the dog license application form issued by County-
rabies certificate it must show: To serve
(1) The dog owner's name, address, and telephone;
(2) The dog's name and description, inclc
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 vaccii
the dog or other signature authorized by him/
(9) "HEALTH OFFICERIt means the County of San Diego, H
(r) "IMPOUNDED ANIMAL1' means any animal in the custoi
rabies vaccine;
Officer, his/her agents or deputies.
control of the Department as provided in this chapter.
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(s) 'IINDOOR HOUSING FACILITY" means any structure
building, housing or intended to house animals, which has t capability of controlling the environment within the enclosu created by the continuous connection of a roof, floor, and wal with at least one opening for entry and exit that is provided wi a door or any movable structure used to close off the opening a typically consisting of a panel of wood, glass, metal, etc., whi
slides on rollers or swings on hinges: provided, however, that a openings which provide natural light shall be covered with
transparent material, e.g., glass, plastic, etc.
(t) vlKENNELg* means any lot or adjacent lot(s), or z building (s) , structure (s) , enclosure (s) or premises on the same adjacent lot (s) , wherein a total of seven or more dogs, four moni
of age or over, are kept or maintained for any purpose by a per:
as defined in section 12.115 of this Code including, but 1 limited to, any agency organized or operated for the welfare animals. The term "kennel" shall not include an animal shel' operated or established by the Department or a veterinary hospi- operated by a veterinarian licensed by the State of California
"KENNEL OPERATOR" means any person who owns, controls,
operates a kennel or any person who is responsible for or 1
participates in the control or operation of a kennel.
(v) 91LEASH11 means any rope, leather strap, chain or ot material not exceeding six feet in length, being held in the h
of a person capable of controlling and actually controlling animal to which it is attached.
(u)
(w) IILICENSE TAG" means a piece of metal or other dura material inscribed with a date and number which has been issued
County or other official dog licensing agency.
(x) "LICENSED DOG" means a dog wearing its current
license tag as required by this chapter.
(y) lrOUTDOOR HOUSING FACILITY" means any structure
building, housing or intended to house animals which does not n
the definition of "indoor housing facility."
(2) IrOWNER1l means any person who is the legal owner, keeg
harborer, possessor or the actual custodian of an anin Ownership is also established by a person registering as the 0% on a license or other legal document or by a person who claim:
be the owner or custodian and who takes possession or custody o animal.
(aa) "PRIMARY ENCLOSUREv1 means any structure used
immediately restrict an animal or animals to a limited amouni
space, such as a room, pen, run, cage, or compartment, exclusiv
any kennel house.
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(bb) IIREGISTERED OWNER1l means a person registered as the o on a dog license or a person claiming ownership of an impou animal and taking possession of it.
(cc) "SANITIZE11 means to make physically clean and to re and destroy, to the maximum degree that is practical, ag injurious to animal or human health.
(dd) llSTRAY1l means an animal which is at large.
(ee) VACCINATED DOG" means a dog inoculated with an apprc currently valid antirabies vaccine, and wearing a current license tag indicating proof of such vaccination.
(ff) VICIOUS DOG1# 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 engage
lawful activity, causing death or substar
injury, or
(3) ' has been declared a Wicious Dog" by the Depart pursuant to Section 62.674 of this chapter.
-
A llVicious Dogt1 within the meaning of this section shal deemed a public nuisance and shall be subject to the provisioi this Code relating to vicious dogs and public nuisances for remainder of its life.
(gg) I'WILD ANIMAL1l means any animal which is not norr domesticated in the United States including, but not limitec any lion, tiger, bear, non-human primate (monkey, chimpar etc.), wolf, cougar, ocelot, wild cat, skunk, raccoon, fei venomous reptile, boa, python, anaconda, members of the ( Crocodilia, or other such animal (ferae naturae) irrespecti\ 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).
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(b) Any person who violates any provision of the Unij Licensing Procedure (Sections 16.101 through 16.115) of this Cc or Article 5 of this Chapter, or Sections 62.610, 62.t
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 allegin
violation of Section 62.610, 62.669, or 62.672 the prosecutor
charge and prosecute the offense as an infraction.
(d) Each day on which a violation occurs or continues I
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 personnt
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 wit
Clerk of the Board of Supervisors and shall be available for p1
inspection.
(c) Fees shall be paid when due unless the Direct01
accordance with Department policy, authorizes a payment arrang or waives such fees in full or in part.
Specified fees may be deferred subject to the conditio
the Department policy, if the owner claims an economic hardsh the lack of ability to pay the fees when due, provides satisfa evidence of personal identification, and agrees to pay the within a thirty (30) day period.
An owner claiming an economic hardship in paying the fec submit an application for waiver on forms provided bj
Department. The forms shall be executed under penalty of PC
and contain a declaration as to the truthfulness and correctnt
the information contained therein. Upon submittal of the comr
forms, the fees may be waived if no disqualifying conditio]
set forth in the Department policy, exist. The Department ma
waive fees if necessary in order to accomplish the protect.
animal or public health, safety or welfare or if the owner prc
satisfactory evidence that he/she was not at fault fo
violation or incident which led to the Department action an1
such action was not justified.
e (I)
Sec. 62.604. SEVERABILITY. If any provision or claus4
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 inv 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 ownin1
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 shal
unlawful for any person(s) to own, keep, harbor, or possess c
have in his or her care, charge or custody, any dog five montl
age or over unless such dog has a current and valid rc vaccination administered by any duly qualified and licc
veterinarian, with a rabies vaccine approved by the 2
Department of Health Services for use in dogs. Such vaccinz
shall be repeated at intervals specified by the State Departmei Health Services in order to maintain adequate immunity.
Such persons shall retain the rabies certificate for inspectic any person responsible for enforcing the provisions of chapter. Any person who violates any provision of this Sectic guilty of a misdemeanor.
Sec. 62.611. VACCINATION CLINICS. The Department 5
provide or arrange for rabies vaccination clinics to be he1
various locations where dog owners may obtain the required ri vaccinations at the applicable fee.
Sec. 62.612. CERTIFICATE OF VACCINATION. Any veterini
who vaccinates a dog for rabies shall also certify by pro]
completing, as provided in Section 62.601(p), the lic 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.
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Sec. 62.613. EXEMPTION FROM RABIES VACCINATION DUR:
ILLNESS. Notwithstanding any other provisions of this chapter dog need not be vaccinated for rabies during an illness if licensed veterinarian has examined the dog and certified in writ that such vaccination should be postponed because of a specif illness. Old age, debility, and pregnancy are not conside: contraindications to rabies vaccination. Exemption certifica are subject to approval by the Department and shall be valid o for the duration of the illness. Exemption from vaccination d not exempt a dog from the licensing requirement.
Sec. 62.614. REPORTING SUSPECTED CASE OF RABIES. Any per having care or custody of an animal which shows symptoms of rab or which acts in a manner which would lead to a reasona
suspicion that it may have rabies, shall notify the Department,
County Veterinarian, or the Health Officer and comply w
appropriate laws and regulations regarding suspected cases
rabies as directed by the Department, the County Veterinarian, the Health Officer. Any person who violates any provision of t Section is guilty of a misdemeanor.
Sec. 62.615. REPORTING OF BITES.
(a) All persons bitten and the parents or guardians of mj
children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat,
other animal’of a species subject to rabies shall notify
Department or the Health Officer as soon as possible thereaft
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 a or other animal of a species subject to rabies which bite person, shall notify the Department or the Health Officer as as possible thereafter. Any person who violates any provisio this subsection is guilty of a misdemeanor.
Sec. 62.616. ISOLATION OF SUSPECTED RABID ANIMALS. Upon
order of the Department, the County Veterinarian, or the He
Officer, a suspected rabid animal shall be isolated in st
confinement under proper care and under the observation (
licensed veterinarian in an animal shelter, veterinary hospital
other adequate facility in a manner approved by the Department, County Veterinarian, or the Health Officer, and such animal s not be killed or released for at least ten days after the onse symptoms suggestive of rabies unless permission is obtained the Department, the Health Officer, or the County Veterinaria sacrifice the animal for the purpose of laboratory examinat Any person who violates any provision of this Section is guilt a misdemeanor.
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Sec. 62.617. ISOLATION OF BITING ANIMALS. Upon the order the Department, the County Veterinarian, or the Health Officer, dog, cat, skunk, fox, bat, coyote, bobcat or other animal o species subject to rabies which bites or otherwise exposes a per to rabies may be impounded and shall be isolated in st1 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 Departmf
the County Veterinarian, or the Health Officer. Dogs and cats SI 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 Hel Officer.
Notwithstanding the foregoing, the following alternativc
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 euthanasj 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 confint
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.
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Notwithstanding the foregoing, the following alternative
permitted in the case of dogs and cats. If the dog or cat has bc vaccinated against rabies at least thirty days prior to 1
suspected exposure with a type of vaccine and within the t period approved by the State Department of Health Services, the ( or cat may be revaccinated immediately (within 48 hours) ir
manner prescribed by the Department, the County Veterinarian, the Health Officer and isolated in strict confinement in a pl( and manner approved by the Department, the County Veterinarian, the Health Officer and observed for a period of thirty d,
following revaccination. Any person who violates any provision 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 sh
pay all fees and expenses related to the isolation including, not limited to, the impoundment, confinement, quarantine, boa 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, exc tourists or visitors who stay less than thirty (30) days within
unincorporated area of San Diego County or any city in which
Department provides licensing or animal control services, st
apply for and obtain a separate dog license for each dog they c
5 possess, keep, or harbor, after it is four months old.
persons must possess the license at the time the dog is five mor
old or thirty (30) days after obtaining or bringing any dog E four months of age into the unincorporated area of San Diego Coi
or any city in which the Department provides licensing or an:
control services.
Such persons shall renew the dog license before it becc delinquent for as long as they own, possess, keep, harbor,
otherwise have custody of the dog. If renewal is not requii such persons shall within thirty (30) days after the expirai date advise the Department of the reason therefore.
provisions of this chapter shall be presumed to be a dog wh
prior to impounding, required a license, regardless of such dl
actual age or owner's place of residence.
(b) Any dog which is legally impounded according to
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(c) Upon presentation by the dog owner of a propc completed license application form including proof that the ral vaccination will be valid throughout the license period, and proper license fee, and if applicable, a late fee, the Depart] shall issue a dog license and license tag. The dog owner s; 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 t of canine rabies vaccines approved by the California Departmen
Health Services and must be renewed prior to the expiration of
term by the payment of the current effective fee for each rene
The dog owner shall securely affix the current lic
tag to the collar or harness of the dog for which the license was issued and shall ensure that the dog wears such license ta all times except when the dog is being exhibited at a dog shc
A license tag issued for one dog shall not be transfe or attached to any other dog.
No unauthorized person shall remove a license tag fl collar or harness or remove the collar or harness bearing sucf from a dog.
(h) Whenever a license tag is lost or damaged, the c shall apply for and obtain a replacement from the Department payment of the prescribed fee.
(e)
(f)
(9)
Sec. 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 vaccinatio any such dog must be valid for the duration of the license is:
Whenever the ownership of a licensed dog changes, th owner shall apply for and obtain a transfer license and pa: applicable fee.
Sec. 62.623. CHANGE OF ADDRESS. The address of the own presumed to be the address where the dog is kept. Any chan 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 transfe 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
(b)
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ARTICLE 4
SHELTERS
Sec. 62.630. ESTABLISHMENT OF ANIMAL SHELTERS. The Direc of Animal Control shall, with the approval of the Board Supervisors, establish as many animal shelters throughout County as he/she shall determine to be necessary for performance of his/her duties.
Sec. 62.631. ESTABLISHMENT OF ANIMAL DISPOSAL FACILITI The Department shall establish at the County Animal Shelter
humane procedure for euthanasia of animals. The Department may, its option, upon payment of applicable fees, accept animals humane disposal. The owner or possessor of such animals SI first complete appropriate forms setting forth the fi constituting such ownership and/or possession, certifying .
he/she has the right to request disposal of such animal, and ac to hold the County, its agents and employees harmless from liability for its acceptance and disposal of such animals. owner or person requesting the disposal of any animal shall cer. in writing that, to the best of his/her knowledge, the animal not bitten a human being within the period established by chapter for isolation of biting animals and suspected r animals. Notwithstanding the foregoing, the Department, the He Officer, or tfie County Veterinarian may authorize, with permis
of the owner, if known, the euthanasia of a biting animal for purpose of laboratory examination.
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 Coun any city in which the Department provides animal control seri without first having obtained a license therefor. Procedure: license applications, renewals, denials, suspensions, revocat hearings, and appeals, except as otherwise herein provided, I be the same as those set forth in the Uniform Licensing Procl (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 sucf-
m e
Any Kennel which is found by the Department to be unsanil 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 necessary 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 PI Nuisance Abatement Procedure contained in Chapter 2, Divisic
Title 1 of this Code.
Sec. 62.642. LICENSE STANDARDS.
(a) ACKNOWLEDGEMENT OF STANDARDS. A copy of the appli standards will be supplied to the applicant with each reques an application for a license, and the applicant shall acknow receipt of such standards and agree to comply with them a allow inspectLons at reasonable times by signing the applic form .
(b) DEMONSTRATION OF COMPLIANCE WITH STANDARDS.
applicant or kennel operator must demonstrate that his/her prc
and any facilities or equipment used in his/her kennel compl] the standards set forth in this article. In addition,
applicant or kennel operator shall correct any deficiencies
within a reasonable time specified by the Department. Pla;
new or remodeled kennel facilities may be submitted t
Department for review. Upon request by the Department
applicant or kennel operator must make his/her pre
facilities, and equipment available forthe purpose of ascert compliance with said standards.
(c) CONDITIONS AND RESTRICTIONS. The Issuing Off ic issue a license under any conditions and restrictions which deems necessary for the protection of animal and/or public f safety, or welfare, and may specify such conditior restrictions on the license.
(d) ADDITIONAL REASONS FOR DENIAL OF APPLICATION
addition to the reasons stated in the Uniform Licensing Pr
the Issuing Officer shall not issue a kennel license to:
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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 perrnit(s) for operation; or
2. any person whose license has been suspended, the period during which the order of suspensioi 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 fo
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 revoce has been stayed, until one year from the expire
of the stay; or
4. any person whose license has been revoked, 01
partnership, firm, corporation, or other
entity in which any such person has a substa:
financial interest for a period of one year
' the effective date of such revocation, or
revocation has been stayed, until one year frc expiration of the stay; or
3.
5. Any person who fails to comply with any prov of this Article.
Sec. 62.645.1. FACILITIES, GENERAL.
(a) STRUCTURAL STRENGTH. Indoor and outdoor hc
facilities shall be structurally sound and shall be maintair good repair, to protect the animals from injury, to conta:
animals, and to restrict the entrance of other animals. Crat boxes, automobile bodies, scrap materials salvaged from plybl
odd pieces of material such as linoleum, tin, canvas and othe
materials are not suitable and shall not be used.
(b) FENCING. Any fencing shall be in conformancc planning/zoning requirements and be of suitable sturdy ma anchored solidly to the ground in such a manner to prevent a from escaping by digging under the fence and of sufficient
to prevent animals from escaping. If necessary, to accompl: intent of containment, a cover over the fenced area sh installed.
(c) WATER AND ELECTRIC POWER. Reliable and adequate e' power, if required to comply with other provisions of this A and adequate potable water shall be available.
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(d) STORAGE. Supplies of food and bedding shall be stored facilities which adequately protect such supplies agai
infestation or contamination by vermin. Refrigeration shall
provided for supplies of perishable food.
(e) WASTE DISPOSAL. Provisions shall be made for the remc 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 a:
animal caretakers.
Sec. 62.645.2. FACILITIES, INDOOR.
(a) HEATING. Indoor housing facilities shall be warm en to protect the animals from cold. Sufficient clean bed
material or other means of protection shall be provided when
ambient temperature falls below that temperature to which an ar is acclimated.
(b) VENTILATION. Indoor housing facilities shal'
adequately ventilated to provide for the health and comfort o
animals at all times,
air either by'means of windows, doors, vents, or air conditil
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 am
temperature is 85 degrees Fahrenheit or higher, within the i
housing facility.
(c) LIGHTING. Indoor housing facilities shall have light, by natural or artificial means, or both, of good qualil well distributed. Such lighting shall provide uni
distributed illumination of sufficient light intensity to 1 routine inspection and cleaning during the entire working p( Primary enclosures shall be so placed as to protect the a: from excessive illumination.
(d) INTERIOR SURFACES. The interior building surfal
indoor housing facilities shall be constructed and maintai
that they are substantially impervious to moisture and
readily sanitized.
(e) DRAINAGE. A suitable method shall be provided to I
eliminate excess liquid from indoor housing facilities. If are used, they shall be properly constructed and kept i repair to avoid foul odors therefrom. If closed drainage : are used, they shall be equipped with traps and so installe prevent any backup of sewage onto the floor of the room.
Such facilities shall be provided with
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Sec. 62.645.3. FACILITIES, OUTDOOR.
(a) SHELTER FROM SUNLIGHT. When sunlight is likely to ci overheating or discomfort, sufficient shade shall be providec allow all animals kept outdoors to protect themselves from direct rays of the sun.
(b) SHELTER FROM RAIN OR SNOW. Animals kept outdoors s 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 shal
provided when the ambient temperature falls below that tempera to which an animal is acclimated.
(d) DRAINAGE. A suitable method shall be provided to ra] eliminate excess liquid.
Sec. 62.645.4. GENERAL REQUIREMENTS FOR PRIMARY ENCLOSl
Primary enclosures must be provided for all animals and 1
conform to the following requirements:
(a) Priktary enclosures shall be structurally sound maintained in good repair to protect the animals from injur
contain them, and to keep other animals out. They shal effectively enclosed.
Primary enclosures shall be constructed and maintail
Primary enclosures shall be constructed and maintai-
(b) as to enable the animals to remain dry and clean.
(c) that the animals contained therein have convenient access to food and water.
(d) The floors of the primary enclosures shall be consti
Sec. 62.645.5. ADDITIONAL GENERAL REQUIREMENTS FOR P
so as to protect the animals' feet and legs from injury.
ENCLOSURES HOUSING CATS.
(a) In all enclosures having a solid floor, a rece containing sufficient clean litter shall be provided to c 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 F enclosure at the same time. Such resting surface or surfacer be elevated in primary enclosures housing two or more cats
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(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 i comfortable normal position. It is unlawful to keep any anima: a primary enclosure or kennel house that does not provide adeqi space as required by this Article.
Sec. 62.645.7. ADDITIONAL SPACE REQUIREMENTS FOR DOGS.
(a) A primary enclosure shall never house more than tw
(12) dogs of any size.
(b) Passageways into kennel houses shall allow easy ac for all dogs housed in them. Any dog confined to a kennel h which does not meet the space requirements for a primary enclc
shall be provided access to its primary enclosure after no than twelve (12) hours for sufficient time to allow adeg 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 5 requirements.
WEIGHT OF DOG MINIMUM SPACE REQUIREMENTS IN POUNDS PRIMARY ENCLOSURE KENNEL HOUSE WIDTH SQ FOOTAGE WIDTH SQ FOOTA(
Up to 15 2.0' 6.0 1.5' 3.0
Over 15 2.5' 10.0 2.0' 5.0
to 35
Over 35 3.0' 15.0 2.5' 7.5
Over 65 3.0' 18.0 2.5' 9.c
Over 95 3.5' 24.0 3.0' 12.c
Over 130 4.0' 32.0 3.5' 14.C
to 65
to 95
to 130
If a primary enclosure or kennel house contains more thi dog the minimum number of square feet required is the sum c square feet requirements for each individual dog kept there:
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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 excre
Feeding pans shall be durable and kept clean. The food receptac
shall be sanitized at least once every two weeks. Disposable f
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 *
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 E be protected during the cleaning process, and adequate meac shall be taken to protect the animals in other such enclosures being contaminated with water and other wastes. Rugs, blanket: other bedding material shall be kept clean and dry.
(b) SANITIZING. Prior to the introduction of animals empty primary enclosures previously occupied, such enclosures I be sanitized in the manner provided herein. Enclosures sha: sanitized often enough to prevent an accumulation of debr: excreta, or a disease hazard, provided, however, that
enclosures shall be sanitized at least once every two weeks i 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 ren
the soiled gravel, sand, or dirt and replacing it as necessa
(c) HOUSEKEEPING. Premises (buildings and grounds) sh2 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.
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(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 careta
shall be utilized to maintain the standards set forth in
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 purpc
(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 pr enclosure with any other species of animals unless the I specifically requests they be housed together.
Animals under quarantine or treatment for a communi
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 al:
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 01
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 Che showing the dog owner's name, address, and telephone; the name and description, including breed, color, sex, month anc of birth; the date of vaccination; and the name and telephc the veterinarian who vaccinated the dog or telephone o
licensing agency verifying the vaccination. In addition,
kennel operator shall have someone in attendance at the kennl can identify each animal in the kennel, except that animals four months of age may be identified as to litter.
(e)
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Sec. 62.646. VACCINATION REQUIRED FOR INDIVIDUAL DOGS. kennel operator shall not be required to obtain the individ
licenses imposed by this chapter for each dog in his/her kennel
which the kennel license is obtained; however, each kennel opere 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 conditj and practices and the interests of society in curbing preventing inhumane practices, reasonable inspection requiremc dictate that Department officers shall have the right to inspec
reasonable times. As a condition of the issuance of a ke:
license, each operator shall agree to allow such inspection; I
acknowledgement shall be made a part of the application and f
Each kennel for which a kennel license has been issued shal:
inspected at intervals determined by the Department.
provision of this Article or of the Uniform Licensing Proce (Sections 16.101 through 16.115) of this Code is guilty (
misdemeanor. Any act or omission by a kennel operator
contravention of these requirements, or of any of the condit
and/or restrictions of the issued license, shall be grounds for shall authorize the suspension and/or revocation of the ke license independently of any criminal prosecution or the res thereof. The Director may suspend or revoke the kennel lic irrespective of the pendency of any criminal proceedings, and 1
to the initiation thereof.
Sec. 62.648. VIOLATION. Any person who violates
ARTICLE 6
CONTROL PROVISIONS
Sec. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATI(
(a) In any prosecution involving an animal chargi violation of any provision referred to in Section 62.661 of Code, proof by the People of the State of California tha- particular animal described in the complaint was found in viol of any provision of said sections, together with proof tha defendant named in the complaint was at the time of the a1
violation the owner of the animal, shall constitute prima
evidence that the owner of the animal was the person respon
for the violation of said provisions involving said an
However, for the purpose of this section proof that a person I
owner of said animal is not prima facie evidence that he/&
violated any other provision of law.
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(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.€
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 enf or 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 re control and sanitation laws are responsible for enforcing Sec
148 of the Penal Code and the following provisions of this cha]
(1) Article 2 (commencing with Section 62.610)
(2) Sections 62.665, 62.667, 62.668(d) and (e), 62
The County Veterinarian and each agent or deputy th who is assigned to duties which include the enforcement 0: 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
62.672, 62.674, 62.675, 62.681, 62.682.
(c)
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 chz
(d) Each of the individuals referred to in subsection: (b) and (c) hereof shall cooperate to attain compliance wil shall take appropriate action in the case of any violatic those provisions which they are responsible to enforce.
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Sec. 62.662. ARREST AND CITATION. Each of the individu
referred to in Section 62.661 shall have the power to make arre without warrant in the manner prescribed in Section 836.5 of
California Penal Code, for violations of those provisions of t
chapter and of state law which he/she has a duty to enforce and
issue citations for such violations. Any person so arrested does not demand to be taken before a magistrate may instead cited in the manner prescribed in Chapter 5C (commencing % Section 853.5) of Title 3, Part 2 of the Penal Code.
correction: False or fictitious information. Sec. 62.663. Dog license violations: Dismissal on pr0o.f
(a) Whenever a person is arrested for a violation of 5
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 providec
subsection (a), unless the officer finds any of the follc
disqualifying conditions:
(1) Evidence of fraud.
(2) The person has been charged within the past on6
year period with a violation of Section 62.62(
The violation involves a dog which has demonsti
a propensity to attack, bite or cause injury
person; or, which otherwise presents an immec
safety hazard.
correct the violation.
(3)
(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.
(c)
Sec. 62.664. AGREEMENTS - RULES AND REGULATIONS. Fo
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
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Sec. 62.665. INVESTIGATIONS. The Department, the COI Veterinarian, the Health Officer, and any peace officer, may er 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 Cc
and any law relating to or affecting animals of the Stat€
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 ob 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 requirt
(b) Animals shall be humanely treated at all times.
(c) Vaccinations, licenses, and permits shall be obtain
law.
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.
(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.
I
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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", wii the meaning of section 62.601(d) of this Code, and from beinc violation of other provisions of law. However, dogs may
unrestrained by a leash while assisting their Owners in 1( hunting, in the herding of livestock as permitted by law, 01
public property with the written permission of, and for purpc 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 o
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 c misdemeanor.
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. 62.669.1. PUBLIC PROTECTION FROM DOGS. Any Pe
Sec. 62.669.5. PROTECTION DOG, VICIOUS, OR DANGEROUS ANI
(a) Any person owning or having custody or control "Protection Dog" as defined in Section 7521 of the Business Professions Code, ltVicious Dog", or any "Dangerous Animal
guilty of a misdemeanor if, as a result of that person's failul exercise ordinary care, the animal injures or shows
disposition, tendency, or propensity to attack or cause injur
a person engaged in lawful activity and the owner or custodian or should have known of the ltProtection Dog1# status of the doc
of the vicious or dangerous nature or propensity of the animz
(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 al:
dog in his/her custody to defecate or to urinate on any pro]
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 p:
receptacle. Unsighted persons while relying on a guide dog : be exempt from this section.
owning or having custody or control of a female dog in s
(estrus) shall securely confine such dog within an enclosure manner that will prevent the attraction of male dogs tc
immediate vicinity.
SeC. 62.671. FEMALE DOGS IN SEASON (ESTRUS). Any P'
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See. 62.672. DISTURBING THE PEACE PROHIBITED. No pe: shall own or harbor an animal in such a manner that the peacc quiet of the public is unreasonably disturbed. The keepin5 maintenance, or the permitting to be kept or maintained, on premises owned, occupied, or controlled by any person of any an or fowl which, by any frequent or long continued noise, shall c
unreasonable annoyance or discomfort to any person of no
sensitivity in the vicinity shall constitute a violation of
section; provided, however, that nothing contained herein shal
construed to apply to reasonable noises emanating from leg
operated veterinary hospitals, humane societies, animal shelt farm and/or agricultural facilities, or areas where keepinc
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 pe shall treat an animal in a cruel or inhumane manner or willing1
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. If the Department has cause to believe that a dc
a 'Vicious Dog" within the meaning of 62.601 (ff) (1) or (2) may declare such dog a flVicious Dog".
2. Upon declaring that a dog is a fVicious Dogfr,
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
within subsections (1) or (2) of Section 62.601 (ff) shall rt in the declaration becoming final.
5. A finding at the hearing that the dog does
a e
6. The Department is hereby authorized and empowerec
impound and/or abate any lfVicious Dog" independently of
criminal prosecution or the results thereof by any means reasona
necessary to ensure the health, safety and welfare of the puk 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 i
a. Obtaining and maintaining liability insurz in the amount of one hundred thousand dol:
($100,000) and furnishing a certificate
proof of insurance by which the Depart shall be notified at least ten (10) days p
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;
b. Requirements as to size, construction design of enclosure;
c. Location of the dog's residence;
* d. Requirements as to type and method
e. Photo identification or permanent markir
restraints and/or muzzling of the dog;
the dog for purposes of identification;
f. A requirement to obtain a llVicious registration in addition to the lic required under section 62.620 of this cot
g. Requirements to allow inspection of the and its enclosure by the Department 01 other law enforcement agency, and to pr upon demand, proof of compliance wit? requirements of this section; and,
h. Payment of a reasonable fee to recovei costs of the Department in veri
compliance and enforcing the provisioi
this section.
The Department may also commence proceedings in accoi
with the Uniform Public Nuisance Abatement Procedure contair
Chapter 2, Division 6, Title 1 of this Code.
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(b) NOTIFICATION OF RIGHT TO HEARING. At least five
working days prior to the impoundment and/or abatement, the ot or custodian of record shall be notified of their right t
hearing to determine whether grounds exist for such impound]
and/or abatement. If a hearing is requested, the impoundi
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 SI take place until the conclusion of the hearing except as notec 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 rec an abatement hearing. If a hearing is requested, the dog shal: 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 he2 or to attend or be represented at a scheduled hearing, s satisfy the hearing requirements and the dog shall be impoi and/or abated.
(d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE.
owner and/or custodian of a Vicious Dog" who moves or sell:
dog(s) or otherwise transfers the ownership, custody or resic 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/c proposed new residence, and the name and description of the do 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 tei
conditions. The Department may impose different or addit
restrictions or conditions upon the new owner or custodian.
In the event of the dog's death, the owner and/or cust shall notify the Department no later than twenty four (24) thereafter and, upon request, produce the dog for verificatic 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 qui a misdemeanor.
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(e) POSSESSION UNLAWFUL. It is unlawful to have custody
own or possess a 'Vicious Dog': within the meaning of section 62 (ff) (1) or (2) whether or not the dog has been declared a Vie. 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 subseci 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 81Vicious 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 0:
misdemeanor.
(9) SURRENDER OF DOG UPON DEMAND. The owner and/or custoc
of a 'Vicious Dogrr, within the meaning of 62.601 (ff) , sl
surrender such dog to the Department upon demand.
Any person who violates any provision of subsections (a),
or (9) of this section is guilty of a misdemeanor.
Sec. 62.675. COMPLAINTS. Upon receiving a complaint frc
person alleging a violation of this chapter or any other relating to or affecting animals, an investigation to deterr whether a violation exists may be made. If the investigat discloses a violation of this chapter, prosecution may be initir
against the owner. Complainants' identities shall be E confidential to the extent permitted by law.
(e),
Sec. 62.676. CAPTURE OF ANIMALS AT LARGE.
(a) The Department, peace officers and persons employed animal control purposes by the local governing body may attempl capture any animal found at large in violation of law and
destroy an animal at large if, in their judgment, such actior
required for public health and safety.
The Department shall not seize or impound any dog, howel
for being at large that has strayed from, but then returned to,
private property of its owner or the person who has a right
control the dog, but in such case a citation may be issl provided, however, that if in such a situation the owner or per who has a right to control the dog is not home, the dog may
impounded, but the Department shall post a notice of s impounding on the front door of the living unit of the owner person who has a right to control the dog.
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Such notice shall state the following: That the dog has k impounded, where the dog is being held, the name, address, telephone number of the agency or person to be contacted regard release of the dog, and an indication of the ultimate disposit of the dog if no action to regain it is taken within a specif 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 i his/her possession and must as soon as possible, but no later t 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 ani1
dies, escapes or injures itself while he/she is carrying out .
provisions of this section.
Sec. 62.677. RELINQUISHING AN ANIMAL. Any person i relinquishes an animal to the Department shall give his/her nan address and, if he/she is not the owner, the location where t animal was found.
(b)
Sec. 62.678. NOTIFICATION OF OWNER - RIGHT TO HEARING. Ur
impoundment of an animal wearing a license tag, or identificati
listing the owner's name and address, the Department shz
immediately mail or personally deliver to the owner of record notice that the animal is in the custody of the Department.
The owner of an impounded animal shall be notified that he/s
may within five (5) working days request a hearing as to t
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 t animal shall not be disposed of other than by return to the own shall be extended until the conclusion of the hearing. If at t
conclusion of the hearing the impoundment is found to
unjustified, the animal shall be returned to the owner witho
charge. If the animal is returned to the owner prior to t
hearing, any fees paid by the owner to the County as a result of unjustified impoundment shall be refunded to the owner.
Sec. 62.679. RETURN OF ANIMALS TO THEIR OWNERS. The owner
an impounded animal not subject to abatement action may claim
prior to other legal disposition by providing propc
identification, meeting all requirements, and paying the applicab
redemption fees.
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Sec. 62.680. HOLDING PERIOD, DISPOSITION AND ALTERING.
(a) The Department shall hold an impounded lost or stray
for not less than three (3) working days if it was not wearir:
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 ani
not claimed by its owner or custodian within the prescribed hold period. A dog wearing a license tag when impounded, or a relinquished by its owner, shall not be transferred for the purp of medical research without the written consent of the own Animals relinquished by their owners may be destroyed
transferred to a new owner without regard to any prescribed hold
period. Injured or diseased animals may be humanely destro
without regard to the prescribed holding period in order
alleviate suffering or to protect other impounded animals f exposure to a contagious disease.
Any dog or cat not claimed by its owner and which has I been altered shall not be sold or given away, other than : approved medical research, unless the cost of altering such ani]
has been deposited with the Department to be refunded ul
presentation of proof of altering by a licensed veterinarian.
Private citizens and Humane Society representatives may place
adoption hold on dogs or cats. Citizen holds will take preceder
over Humane Society holds. The Department will notify the HumE
Society when the citizen hold period has expired. Dogs and CE not adopted by the Humane Society within twenty four (24) hoL after notification of the expiration of the citizen hold may destroyed.
(c)
(d) The Director may waive the altering deposit requireme for a State chartered Humane Society when that Society adop animals under the following conditions:
(1) The Humane Society will care for and mainta custody of such dogs or cats for adoption by t public in a licensed kennel until such animals a adopted or destroyed.
(2) The Humane Society shall, at its own expen
(subject to potential reimbursement from ti
adopting person), alter all such dogs or cats, (
require the adopting person to alter the anim;
within the period specified in (e) and make
necessary deposit to be refunded directly to tl depositor upon presentation of proof of altering I
any licensed veterinarian.
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(3) The Humane Society shall not knowingly allow
to be adopted by a private party or bushes
guard dog purposes. This provision does include adoption for the purpose of law enforcl service.
(4) The Humane Society will pay the prevailing CI adoption fee and the cost of all vaccination: veterinary care provided for the animal by Department.
The individual adopting any cat or dog under the tern subsection (c) or (d) shall have the altering performed wi
sixty (60) days from the date of adoption unless the anima under six (6) months of age at the time of adoption. In such c 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 ownershi
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 to
utilized by ‘the Department to defray the cost of materit
supplies, equipment, and other expenses incidental to the conc of the public educational program to promote responsible ownership and the altering of pets to prevent anj
overpopulation.
The Department may create by policy a SENIOR CITIZENS
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, vaccination neutering fees established by the Board of Supervisors
conjunction with such a program, provided that the animals invol
shall be vaccinated for rabies and shall be neutered or spayed
required by law.
(e)
(4)
Sec. 62.681. WILD ANIMALS.
(a) GENERAL PROVISIONS. It shall be unlawful for any per: to own, possess or maintain any venomous reptile. It shall
unlawful for any person to own, possess or maintain any other wi animal unless he/she complies with all federal, state and loc laws, regulations, and permit requirements affecting such animal
The owner shall also:
9 e
1. keep the animals at all times in cage2 enclosures of such size and constructior
confined in such a manner as to preclude
possibility of escape. Such cages, enclosure:
confinement shall be of such size as to permi..
animals reasonable freedom of movement;
2. keep the cages or enclosures in a clean
sanitary condition at all times;
shelter, and veterinary care;
3. provide the animals with adequate food, wa
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 additio
1. take adequate safeguards to prevent unauthor access to the animals and to preserve animal public health, safety, and welfare. In the el 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 incurred
enforcing the provisions of this section wher
violation is found, and shall be responsible
any injury, or any damage to private or pub property caused by the animal(s);
(c) LOCATION AND TRANSPORTATION. Such animals shall be kt
upon, or transported in escape proof enclosures to, priv;
property which the animals' owner or the person who has a right
control the animal, owns or has a right to possess or use. P
other transportation is prohibited unless authorized by t
Department.
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(d) EXCEPTIONS. Subsections (b) and (c) of this sectioi
1. Small birds that attain an adult weight ur fifteen (15) pounds, small rodents that attain adult weight under ten (10) pounds, fj invertebrates, amphibians or reptiles except the following reptiles: all crocodilians (Or Crocodilia); all boa and python species (Fan Boidae) that attain an adult weight over fift
(15) pounds or an adult length over three and o half (3-1/2) feet; and all monitor lizard spec
(Family Varanidae) that attain an adult weight c
ten (10) pounds or an adult overall length c three (3) feet.
2. Legally operated zoos or circuses or to recogni
institutions of learning or scientific resea
unless by reason of inadequate caging or ot means of protection of the public from s animals, or by the ineffectiveness of sanitat measures, or by a particular hazard connected w the animal(s) involved, animal or public heal safety or welfare will be endangered.
(e} IMPdUNDMENT AND/OR ABATEMENT. The Department may impoi
and/or abate any animal held in violation of this section i
relocate or dispose of it in a humane manner or impose speci:
reasonable conditions and restrictions for the maintenance of I
animal (s) . At least three (3) working days prior to 1 impoundment and/or abatement, the owner shall be notified
his/her right to a Departmental hearing as to whether the animal being held in violation of this section. If the owner requests
hearing prior to impoundment and/or abatement, no impoundmc and/or abatement shall take place until the conclusion of t hearing except as provided herein.
not apply to:
If, in the opinion of the Department, immediate impoundment
necessary for the preservation of animal or public health, safet or welfare or if the animal has been impounded under 0th
provisions of law, the pre-impoundment hearing may be dispens
with; however, in such cases, the owner shall be given three (
working days notice of his right to a hearing as to whether t
animal was being held in violation of this section.
e v
If a hearing is requested, the animal shall not be dispose prior to satisfaction of the hearing requirements. A finding
hearing that grounds exist for the impoundment and/or abatemen
the animal, or the failure of the owner and/or custodian to req
a hearing or the failure to attend or be represented at a sched hearing, shall satisfy the hearing requirements and the an
shall be impounded and/or abated. If, at the conclusion I
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 Pu
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 restrict imposed pursuant to subsection (e) is guilty of a misdemeanor*
Sec. 62.682. PUBLIC NUISANCE.
(a) GENERAL PROVISIONS. The introduction, possession
maintenance of any animal, or the allowing of any animal or an:
premises to be in contravention of this chapter or any other
relating to or affecting animals is in addition to beinc
violation, hereby declared to be a public nuisance.
The DepaPtment, the Health Officer , the County Veterinar and peace officers, are hereby authorized, directed and empowe
to summarily abate any such public nuisance independently of
criminal prosecution or the results thereof by any means reasona
necessary including but not limited to the destruction of
animal or animals involved, or by the imposition of sped.
reasonable conditions and restrictions for the maintenance of
animal(s) and/or the animal premises. The restrictions conditions may include, but are not limited to:
1. Obtaining and maintaining liability insurar
in the amount of one hundred thousand doll;
($100,000) and furnishing a certificate
proof of insurance by which the Departmc
shall be notified at least ten (10) days pr:
to cancellation or non-renewal or, at t
owner's option, the filing with the Departme
of proof of a bond in the amount of thirt
five thousand dollars ($35,000) , to be able respond in damages;
2. Requirements as to size, construction a design of enclosure;
3. Location of the animal's residence;
4. Requirements as to type and method restraints of the animal;
II e
5. Photo identification or permanent marking
the animal for purposes of identification;
6. A requirement to obtain a public nuisz
registration in addition to any lice
required under section 62.620 of this cod€
Requirements to allow inspection of the ani
premises, and/or the animal and its enclosu
by the Department or any other law enforcem
agency, and to produce upon demand, proof
compliance with all requirements of t section;
A requirement to alter any dog which has b
found at large three or more times; and,
9. Payment of a reasonable fee to recover
costs of the Department in verify
compliance and enforcing the provisions
this section.
7.
8.
Failure to comply with such conditions and restrictions ia
The Department may also commence proceedings in accordai
with the Uniform Public Nuisance Abatement Procedure contained
Chapter 2, Division 6, Title 1 of this Code.
working days prior to the impoundment and/or abatement, the ow1
or custodian of record shall be notified of their right tc
hearing to determine whether grounds exist for such impoundmf
and/or abatement. If the owner or custodian of record request!
hearing prior to impoundment and/or abatement, no impoundmc and/or abatement shall take place until the conclusion of t hearing except as noted in subsection
(c) IMMEDIATE IMPOUNDMENT. When, in the opinion of t
Department, immediate impoundment is necessary for the preservati
of animal or public health, safety or welfare, or if the animal 1
been impounded under other provisions of law, the pre-impoundme
hearing shall be waived. However, the owner or custodian of recc
shall be given a notice allowing five (5) working days to reque an abatement hearing. If a hearing is requested, the animal sha
not be disposed of prior to satisfaction of the heari
requirements.
A finding at an abatement hearing under subsection (b) or (
that grounds exist for the impoundment and/or abatement of the do or the failure of the owner and/or custodian to request a heari or the failure to attend or be represented at a scheduled hearin shall satisfy the hearing requirements and the dog shall
impounded and/or abated.
misdemeanor.
(b) NOTIFICATION OF RIGHT TO HEARING. At least five
(c).
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(d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. The o
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 prio: the sale or transfer, inform the Department in writing of the n( 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 animz
record, and the terms and conditions for maintenance of the anir
The owner and/or custodian shall also provide the Department %
a copy thereof containing an acknowledgment by the new owner
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 sh
notify the Department no later than twenty four (24) ho
thereafter and, upon request, produce the animal(s) verification. If the animal escapes, the owner and/or custod shall notify the Department and make every reasonable effort recapture it: Any person who violates any provision of t subsection is guilty of a misdemeanor.
(e) POSSESSION UNLAWFUL. It is unlawful to have custody (
own or possess an animal regulated as a public nuisance unless
is restrained or confined to prevent it from being at large or fi
causing damage to any property or injury to any person. Any per:
who violates any provision of this subsection is guilty of
misdemeanor.
(f) SURRENDER OF ANIMAL UPON DEMAND. The owner and/ custodian of an animal regulated as a public nuisance sha surrender such animal to the Department upon demand.
Any person who violates any provision of subsections (a), (d) , (E
or (f), of this section is guilty of a misdemeanor.
Sec. 62.683. INJURIES AND COMMUNICABLE DISEASES. No pers
shall knowingly harbor or keep any dog or other animal with
serious injury or afflicted with mange, ringworm, distemper or a
other contagious disease, unless such dog or other animal is,
the opinion of the Department or the County Veterinarian, bei
given adequate treatment for such disease. The Department or tl
County Veterinarian may take immediate possession of any suc
animal not being so treated or which is not responding to suc
treatment, and immediately dispose of the animal unless the ownc
shall forthwith place such animal under the control and treatmei
of a licensed veterinarian. Any person who violates any provisic
of this Section is guilty of a misdemeanor.
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See. 62.684. HEARINGS.
(a) All hearings required pursuant to this article shal conducted by the Director personally or by a designated empl who shall not have been directly involved in the subject act
Hearings shall be held not more than thirty (30) days from the of receipt of the request for the hearing and shall be conducte
an informal manner consistent with due process of law. A hea
may be continued if the hearing officer deems it necessary
proper or if the owner or custodian shows good cause. The Direl or the designated employee shall render a brief written deci
which shall be final. The failure to conduct a hearing require,
this article shall have no bearing on any criminal prosecution
violation of any of the provisions of this article.
To call and exar witnesses; to introduce exhibits; to cross-examine oppo: witnesses on any matter relevant to the issues even though t
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 crc examination.
The'hearing need not be conducted according to techni rules relating to evidence and witnesses. Any relevant evide
shall be admitted if it is the sort of evidence on wh
responsible persons are accustomed to rely in the conduct
serious affairs, regardless of the existence of any common law
statutory rule which might make improper the admission of s
evidence over objection in civil actions. Hearsay evidence may used for the purpose of supplementing or explaining any dir evidence but shall not be sufficient in itself to support a find: unless it would be admissible over objection in civil actions. ?
rules of privilege shall be effective to the same extent that tl are now or hereafter may be recognized in civil actions i irrelevant and unduly repetitious evidence shall be excluded.
(b) Each party shall have these rights:
(c)
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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 t 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 "protection 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 additio
State Code requirements, the sale, transfer or use of a "Vie
Dog" as defined in Section 62.601(ff) for protection dog purpc is prohibited. Any person who violates any provision of . section is guilty of a misdemeanor.
0
62.70
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9-86
s 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 (3rd. No. 7177 (N.S.) Eff. 9-4-86)
ANIElALS 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 fi
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,
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A 7 +1) .
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NOTICE OF PUBLIC HEARING
ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will h a public hearing at the City Council Chambers, 1200 Carlsbad Village Dr (formerly Elm Avenue), Carlsbad, California, at 6:OO p.m., on Tuesday, Septem
3, 1991, to consider adopting, by reference, the amended San Diego County C of Regulatory Ordinances for Rabies and Animal Control.
Copies of the Regulations which will be adopted by reference are on file in Office of the City Clerk and are open to public inspection.
APPLICANT: City of Carlsbad PUBLISH: August 15, 1991 CARLSBAD CITY COUNCIL
1 7 e
s
r Carlsbad Journal 1
Decreed A Legal Newspaper by the Superior Court of Sun Diego Coun
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-654
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entj
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general
published weekly in the City of Carlsbad, County of San Diego, State of California, and which
is published for the dissemination of locaI news and intelIigence of a genera1 character,
newspaper at all times herein mentioned had and still has a bona fide subscription lis
subscribers, and which newspaper has been established, printed and published at regular int(
said City of Carlsbad, County of San Diego, State of California, for a period exceeding one
preceding the date of publica
notice hereinafter referred to; a
notice of which the annexed i:
copy, has been published in ea
and entire issue of said newspal
in any supplement thereof on 1
- - - NOTICE OF
PUBLIC ADOPTION HEARING OF COUNTY
ANIMAL CONTROL ing dates, to-wit: REGULATIONS BY REFERENCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls-
the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6Wp m , onTuesday, September 3,1991, to consider adoptmg, by ref- erence, the amended San Diego County Code of Regulatory Ordi- nances for Rabies and Animal Con- trol Copies of the Regulatlons which wlll be adopted by reference are on file in the Office of the City Clerk and are open to public inspection
CARLSBAD CITY COUNCIL CJ 8219 August 15,1991
bad will hold a publlc hearing at August 15
Applicant City of Carlsbad I certify under penalty of perjur
foregoing is true and correct. Ex
Carlsbad, County of San Diego, Sta
fornia on
day of
the 15th
August, 1991
1