HomeMy WebLinkAbout1993-06-15; City Council; 12266; ADOPTIONS OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE4, g ..
M d MTG. poL REGULATIONS BY REFERENCE
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Y CIT~F CARLSBAD - AGEN~BILL
'AB # Ja! 2.b 6 TITLE: ADOPTION OF COUNTY ANIMAL, CONTROL DE
RECOMMENDED ACTION:
Introduce Ordinance No. fls4aqq at the first reading and set a public hearing on JU
adoption of the amended San Diego County Code by reference.
ITEM EXPLANATION:
The agreement between the City of Carlsbad and the County of San Diego for the
provision of animal control services requires that the City adopt the San Diego CO Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7 dealing with
animal control.
On March 2, 1993, the San Diego County Board of Supervisors adopted an ordin
amending portions of the County code related to animal control effective April 1, 1
Therefore, Chapter 7.08 of the Carlsbad Municipal Code must be amended to ad
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 vicious/dangerous dogs
spayheuter deposit requirements and voluntary cat licensing.
A certified copy of the adopted County code will be kept on file in the City Clerk's
for public inspection.
FISCAL IMPACT:
None.
EX H I6 ITS:
1. Ordinance No. ds - 2q ' .
2. Copy of "Explanation of Proposed Amendments" prepared by San Diego Cou
Chapters 6 and 7, as amended effective April 1, 1993, provided by San Diego C 3. Copy of San Diego County Code of Regulatory Ordinance, Title 6, Division 2,
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ORDINANCE NO. NS-244
AN ORDINANCE OF THE CIW 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
CONTROL AND RFGULATIONS.
The City Council of the City of Carlsbad, California does or
as follows:
SECTION 1: That Title 7, Chapter 7.08 of the Carlsbad Mun
Code is amended by the amendment of Section 7.08.010 to read i
follows:
"7.08.01 0 Adopted bv ref e fence,
Title 6, Division 2, Chapters 6 and 7 of the San Diego Coui
Code of Regulatory Ordinances, as amended through April 1, 19:
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,
shall mean the corresponding board, territory, area, agency, o
employee or otherwise of the city, and if there is none, it shall
that the county is acting in the same capacity on behalf of the
EFFECTIVE DATE: This ordinance shall be effective thirty
after its adoption, and the City Clerk shall certify to the adop
this ordinance and cause it to be published at least once in thc
Carlsbad Sun within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 15th day of - JUNE , 1993, and
thereafter
PASSED AND ADOPTED at a regular meeting of the City Coun
day of A 1993, by 1 of the City of Carisbad on the
following vote to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
EXHIB -r$ 0 0
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EXPLAMTI ON OF PROPOSm AMENDME"j! S:
NOTE : Several minor language and format changes have bee
proposed throughout the chapter, including re
alphabetizing some definitions and correspondin references.
VICIOUS/DANGEROUS DOGS
A number of proposed amendments relate to the regulation c dangerous dogs.
1. The reference to Vicious Dogsng would be changed to "Dangeroc Dogs". This change more correctly defines dogs that ax regulated as a result of certain behavior and avoids the US
of what some people believe is an 8goffensive" label.
2. The term "Attack" has been defined for clarification. TI, existing clause "the disposition, tendency, or propensity t attack, bite, or otherwise cause injury" would be deleted
These amendments would help to avoid any vagueness which ma be associated with this language.
3. The definition of '*Dangerous Animal" has been revised an retitled as "Potentially Dangerous Animalt1. This chang
helps establish a more progressive regulation of animals whic have demonstrated a risk of harm, and would allow for tP
expiration of the designation under certain circumstances.
The definition of I*Substantial Injury8g is added to define tk extent of injury which is referred to in added Sectic
62.601(1).
Section 62.674 relating to "Dangerous Dogs@* would be amende
to clarify hearing procedures. The amended language wou: require the Department to serve notice of intent to declare dog a @*Dangerous Dogt* and provide specific information pric to commencement of such proceedings.
Section 62.684 currently provides for departmental hearings
This amendment would permit an owner of a I@Dangerous Dog" c
a public nuisance animal to request a department; administrative review of the hearing record.
7. Section 62.602(e) would be added to permit the court, unde
certain circumstances involving a conviction of a person fc violation of specified sections, to order forfeiture c
animals for proper disposition and/or to limit or prohibit tl ownership, possession, custody, or control of an animal for I to three years. When utilized by the court, this correctii measure would prevent certain convicted persons frt maintaining the same or similar animals and continuing ' jeopardize animal or public health, safety, and welfare.
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. SPAY/= ER DEP OSIT REOUTREMENTS
1. Section 62.679 relating to the return sf impounded anim,
would be amended by adding a requirement for people (who cl, an impounded unaltered dog found at large in violation of two or more times) to pay a refundable altering deposit
addition to other redemption fees. This deposit would refunded upon proof that the animal has been altered bl licensed veterinarian within a specified period. The depo: could also be refunded due to health consideratio, Unclaimed deposits would be used to offset the costs providing animal control services.
San Diego County, like other communities across the count has a significant pet overpopulation problem. Since number of dogs and cats in our community far exceeds number of good homes available to care for them, thousands
unwanted local pets are humanely destroyed each ye Unaltered dogs which are not restrained contrik significantly to the pet overpopulation problem, result increased costs for animal control services, and constitute a public nuisance. Altering dogs and cats is effective method of controlling pet overpopulation.
This proposal will tend to encourage (but not require) own
of impounded dogs to alter their pets by providing a financ incentive. To further promote voluntary compliance with
leash law and to augment existing educational material, Department intends to provide owners of dogs found at 1: with an informational letter explaining their responsibilil and the potential consequences for repeat offenses.
2. Section 62.680(e) relating to altering of adoption ani] (together with state law) currently requires a deposit for
spaying or neutering of unaltered dogs and cats adopted : certain agencies. Such deposits are forfeited if not cla. within a specified period. The current compliance perioc sixty days to six months tends to encourage a delay
scheduling the surgery and often results in neglect avoidance of this requirement. This subsection would amended to require altering within one month for at animals, or by the time a puppy or kitten reaches seven mol
of age. Reducing the allowable time period would serve promote compliance with the altering requirement.
This amendment would also allow for exemptions for he considerations and for animals which have been previo altered.
3. Section 62.680(f) relating to altering deposit forfeit would be amended by clarifying the purposes for which forfeited deposits shall be used, in conformance with s
law.
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.* - VOLrnARY C3T LICENSES
1. Section 62.625 is added to permit the Department to issu voluntary cat licenses. A valid rabies vaccination would b required before the issuance of a cat license. Cats are major factor of our pet overpopulation problem and present growing rabies control concern. Nearly half of all animal impounded by the Department are cats but less than two percen
(28) of these animals are claimed.
This added section would encourage the vaccination ar altering of cats as well as provide &e availability of uniform system of identification for these animals. Tk
Department's fee resolution would also be amended to includ a separate fee for such licenses and would provide a fift percent (50%) or greater reduction in cost for altered cate
longer holding period for impounded licensed cats (to confoi with the longer holding period for impounded licensed doc and) to allow owners additional time to claim their lost pet:
2. Section 62.680(a) would also be amended to provide for
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ORDINANCE NO. (NEW SERIES) (Effectivf
AN ORDINANCE REPEALING THE EXISTING AND ADOPT]
REVISED CHAPTER 6, DIVISION 2, TITLE 6, OF THE SAN
COUNTY CODE OF REGULATORY ORDINANCES RELATING TO A CONTROL .
The Board of Supervisors of the County of San Diego do o
as follows:
Section 1. Chapter 6 of Division 2 of Title 6 of the San
County Code is hereby repealed and readopted to read as fo11
CHAPTER 6
AHIMAL CONTROL
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Sec. 62.601. DEFINITIONS. For the purposes of this cl
the following definitions shall apply:
(a) "ALTERED" for a female means having had the ovaric uterus surgically removed; an ovariohysterectomy. "Altered" male means having had the testicles surgically removed.
(b) "AMBIENT TWERATWRE" means the temperature surro1 the animal.
(c) "ANIMAL" shall include but not be limited to fishes, reptiles, and non-human mammals.
(d) "AT LARGE" means being on any private property w
permission of the person who owns or has a night to possess the property; or unrestrained by a leash on either public pro
unless expressly permitted by law, or private property open public; 01: in any place or MM~ which presents substantia of imminent interference with animal or public health, sal1 welfare .
(e) aATTACRa means any action by an animal which pl person in reasonable apprehension of immediate bodily harm.
(f) %OARD OF SUPERVISORS" means the County of San Board of Supervisors.
(g) "CAT" means a Felfs domesticus of either sex, alte
unaltered.
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(h)
(i)
l(COuNml* means the County of San Diego.
nCOUNTY ANIMAL SHELTER" means a premises selected b! Director Of Animal Control as a suitable facility for requirements of this chapter.
(j) "COUNTY VETERINARIAN" means the County of San D. Veterinarian, his/her agents or deputies.
(k) "CURB" means to so restrain or control an animal th( urinates or defecates only in the street gutters.
(1) nDANGEROUS DOG" means a dog which:
(1) has twice within a 48-month period atta bitten, or otherwise caused injury to a p engaged in lawful activity; or
(2) has once attacked, bitten, or otherwise c injury to a person engaged in lawful acti resulting in death or substantial injury; or
(3) has been declared a Vicious Dog" or "Dang
Dogn by the Department pursuant to Section 6 of this chapter.
A "Dangerous Dogn within the meaning of this section sha deemed a public nuisance and shall be subject to the provisic this Code relating to Dangerous Dogs and public nuisances fc
remainder of its life.
(m) nDEPARTMENTn.Amems the County of San Diego, Departmt Animal Control, its agents or deputies.
(n) nDIRECLIORn means the County of San Diego, Direct Animal Control, his/her agents and deputies.
(0) "DOG@ means a Canis familfaris of either sex, alta unaltered; or any other member of the Canis genus if owned, or harbored.
=DOG LICENSE" means a properly completed certific issued by County or other official dog licensing agency, inc. the dog ownu's name, address, and telephone; the dog's ncu
description, including breed, color, sex, day if known, mon year of birth; rabies vaccination date; license tag numbt expiration date.
the dog license application form issued by County.
rabies certificate it must show:
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(p)
(q) "DOG LICENSE APPLICATION - RABIES CERTIFICATE FORM"
To serv
(1) The dog owner's first and last name, addres
telephone;
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(2) The dog's name and description, including bre color, sex, day if known, month and year of bir
(3) The type, lot number, and manufacturer of rabies vaccine;
(4) The date of vaccination;
(5) The signature of the veterinarian who vaccina the dog or other signature authorized by him/hc
(r) "HEALTH OFFICER" means the County of San Diego, He: Officer, his/her agents or deputies.
(s) l*IMPOUNDED ANIMAL" means any animal in the custodb control of the Department as provided in this chapter.
(t) l*INDOOR HOUSING FACILITY" means any structure building, housing or intended to how animals, which has capability of controlling the environment within the enclo
created by the continuous connection of a roof, floor, and w with at least one opening for entry and exit that is provided a door or any movable structure used to close off the opening typically consisting of a panel of wood, glass, metal, etc., w
slides on rollers or swings on hinges: provided, however, that openings which provide natural light shall be covered wil
transparent material, e.g., glass, plastic, etc.
(u) lWDTNEL1v means any lot or adjacent lot(s), or building (s) , structure (s) , enclosure (s) or premises on the- san
adjacent lot(s) , wherein a total of seven or more dogs, four mc of age or over, are keyt or maintained for any purpose by a pe as defined in Section 12.115 of this Code including, but limited to, any agency organized or operated for the welfar animals. The term "kenneln shall not include an animal she operated or established by the Department or a veterinary hosx operated by a veterinarian licensed by the State of Californj
"KENNEL OPERATOR" means any person who owns, controll operates a kennel or any person who is responsible for 01 participates in the control or operation of a kennel.
material not exceeding six feet in length, being held in the of a person capable of controlling and actually controllint
animal to which it is attached.
"LICENSE TAG1* means a piece of metal or other du
material inscribed with a date and number which has been issu County or other official dog licensing agency-
(y) "LICENSED DOGn means a dog wearing its currenl license tag as required by this chapter.
(v)
(w) ~'tEAsHw means any rope, leather strap, chain or
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( Z) "OUTDOOR HOUSING FACILITY'* means any structur building, housing or intended to house animals which does not the definition of lgindoor housing facility.q1
(aa) uOWNER@l means any person who is We legal owner, ke harborer, possessor or the actual custodian of an an Ownership is also established by a person registering as the on a license or other legal document or by a person who clai be the owner or custodian and who takes possession or custody animal .
(bb) l*POTEN!TIAUY DANGEROUS ANIMAL" means:
injury to a person; or
any animal which has once within the prior 48-
period attacked, bitten, or otherwise caused i severe injury than as defined in sui7
62.601(gg), to a person engaged in lawful actj
(cc) "PRIMARY ENCLOSURE" means any structure use immediately restrict an animal or animals to a limited amox space, such as a room, pen, run, cage, or compartment, exclus any kennel house.
(ad) @'REGISTERED OWNER" means a person registered as the on a dog license or a person claiming ownership of an impc animal and taking possession of it.
and destroy, to theL:saximum degree that is practical, injurious to animal or human health.
(1) any animal of a species or type likely to
(2)
/ (ee) "SANITIZE" means to make physically clean and to
(ff) nSTRAYm means an animal which is "At Large".
(gg) "SUBSTANTIAL INJURYn means a substantial impaim the physical condition of a person which requires profes medical treatment, including, but not limited to, lo
consciousness; concussion; bone fracture; protracted le impairment of function of any bodily member or organ; muscle disfiguring lacerations, or a wound requiring multiple sutu
any injury requiring corrective or cosmetic surgery.
(hh) VACCINATED DOGn means a dog inoculated with an apI currently valid antirabies vaccine, and wearing a cure
license tag indicating proof of such vaccination.
(ii) "WILD ANfMAL" means any animal which is not nc domesticated in the United States including, but not limit any lion, tiger, bear, non-human primate (monkey, chimi etc.), wolf, cougar, ocelot, wild cat, skunk, raccoon, 1
venomous reptile, boa, python, anaconda, members of the
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Crocodilia, or other such animal (ferae naturae) irrespectiv 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 ca with any of the mandatory requirements of this Chapter is guilt an infraction, except as set forth in subdivision (b).
(b) Any person who violates any provision of the Uni Licensing Procedure (Sections 16.101 through 16.115) of this C or Article 5 of this Chapter, or Sections 62.610, 62. 62.615(b), 62.616, 62.617, 62.618, 62.663(c), 62.668(d), 62.66E
62.674(f), 62.674(g), 62,68O(e), 62.681, 62.682, 62.683, 62-68! who violates any other provision of this chapter three or times within two years from the date of the first convictior
guilty of a misdemeanor.
(c) Notwithstanding the foregoing, in cases allegii violation of Section 62.610, 62.669, or 62.672 the prosecutoi charge and prosecute the offense as an infraction.
Each day on which a violation occurs or continues $ constitute a separate offense.
In addition to any other remedy authorized by law, the conviction of a person charged with a violation of Sec
62.669.5, 62.673, 62.674, 62.682, and/or 62.683 of this Code court may order forfeiture of the subject animal(s) fop pi
disposition, and/or may limit or prohibit the owner! possession, control, CT custody of any animal of the species i subject action and/or other animals for a period of up to thre years, if the court deems such action as reasonably necessai ensure animal or public health, safety, and welfare.
62.669, 62.669.1, 62.669.5, 62.672, 62.673, 62.674(d), 62.674
(d)
(e)
Sec. 62.603. FEES.
(a) Fees shall be charged and collected by the Departmen dog licensing and for other animal control services enforcement. Such fees shall be collected by County persom
deputized personnel and deposited in the County treasury. fees shall be established by the Board or Supervisors.
The owner of any anhl which is lawfully impounded shal all fees and expenses related to such impoundment including not limited to, impound, board, vaccination, examination, an
medical treatment fees for the animal, whether or not the anin claimed.
(b) A list of currently approved fees shall be filed wit Clerk of the Board of Supervisors of the County of San Dieg
shall be available for public inspection.
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(c) Fees shall be paid when due unless the Director, in accordance with Department policy, authorizes a payment arrangement or waives such fees in full or in part.
Specified fees may be deferred subject to the conditions of
the Department policy, if the owner claims an economic hardship or the lack of ability to pay the fees when due, provides satisfactory
evidence of personal identification, and agrees to pay the fees within a thirty (30) day period.
An owner claiming an economic hardship in paying the fees may submit an application for waiver on forms provided by the Department. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. Upon submittal of the completed
forms, the fees may be waived if no disqualifying conditions, as set forth in the Department policy, exist. The Department may also waive fees if necessary in order to accomplish the protection of animal or public health, safety or welfare or if the owner provides satisfactory evidence that he/she was not at fault for the violation or incident which led to the Department action and that such action was not justified.
Sec. 62.604. SERVICE OF NOTICES. Notices required by
this chapter shall be served as provided herein except as otherwise provided by law. Service of such notices shall be deemed to have been completed upon personal delivery or:
Upon deposit of such notice addressed to the owner
or his/her agent at the last known address,, in the United States mail postage prepaid; or
In the'case of notices required by Sections 62.674, 62.681, 62.682, or 62,684, upon deposit of such notice addressed to the owner or his/her agent at the last known address, in the United States mail
as certified mail postage prepaid.
Sec. 62,605. SEVERABILITY. Xf any provision or clause of
this Chapter or application thereof is held invalid, such invalidity shall not offset other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable,
ARTICLE 2
RABIES PROVISIONS
(a)
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(b)
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Sec. 62.610. VACCINATION REQUIRED. Any person Owning Or having custody of a dog, shall obtain a rabies vaccination for each
dog they own, keep, harbor, or have custody of, within thirty (30) days after it becomes four months of age, or within thirty (30)
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days after obtaining any dog over four months of age. It shal unlawful for any person(s) to own, keep, harbor, or possess o have in his or her care, charge or custody, any dog five month age or over unless such dog has a current and valid ra
vaccination administered by any duly qualified and lice veterinarian, with a rabies vaccine approved by the Califo Department of Health Services for use in dogs. Such vaccina shall be repeated at intervals specified by the Califc Department of Health Services in order to maintain adeq
immunity.
Such persons shall retain the rabies certificate
inspection by any person responsible for enforcing the provi: of this chapter. Any person who violates any provision of section is guilty of a misdemeanor.
Department shall provide or arrange for rabies vaccinatior licensing clinics to be held at various locations where dog 01 may obtain the required rabies vaccinations at the applicable
Sec. 62 . 612. CERTIFICATE OF VACCINATION. Any veterin who vaccinates a dog for rabies shall certify such vaccinati properly completing, as provided in Section 62.601(q), the li
application - rabies certificate form issued by County for purpose and shall forward monthly to the Department a copy of
form so completed.
Sec. 62.613. EXEMPTION FROM RABIES VACCINATION I ILLNESS. Notwithstanding any other provisions of this ch9pt
dog need not be vaccinated for rabies during an illness licensed veterinarian >as examined the dog and certified in w1 that such vaccination' should be postponed because of a spec illness. Old age, debility, and pregnancy are not cons: contraindications to rabies vaccination. Exemption certif:
are subject to approval by the Department and shall be Valic for the duration of the illness. Exemption from vaccinatio not exempt a dog from the licensing requirement.
Sec. 62.614. REPORTING SUSPECTED CASE OF RABIES. Any
having care or custody of an animal which shows symptom of or which acts in a manner which would lead to a reas
suspicion that it may have rabies, shall notify the Departmen County Veterinarian, or the Health Officer and comply appropriate laws and regulations regarding suspected ca! rabies as directed by the Department, the County Veterinari the Health Officer. Any person who violates any provision c
section is guilty of a misdemeanor.
Sec. 62.611. VACCINATION AND LICENSING CLINICS.
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Sec. 62.615. REPORTING OF BITES.
(a) All persons bitten and the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal of a species subject to rabies shall notify the Department or the Health Officer as soon as possible thereafter. Physicians treating such bites and other persons having the knowledge of such bites shall also be required to make such
notification,
(b) Any person owning or having custody or control of a dog or other animal of a species subject to rabies which bites a person, shall notify the Department or the Health Officer as soon as possible thereafter. Any person who violates any provision of this subdivision is guilty of a misdemeanor.
Sec. 62.616. ISOLATION OF SUSPECTED RABID ANIMALS. Upon the order of the Department, the County Veterinarian, or the Health Officer, a suspected rabid animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in an animal shelter, veterinary hospital, or
other adequate facility in a manner approved by the Department, the County Veterinarian, or the Health Officer, and such animal shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies unless permission is obtained from the Department, the Health Officer, or the County Veterinarian to sacrifice the animal for the purpose of laboratory examination.
my person who violates any provision of this section is guilty of
a misdemeanor.
See. 62.617. ISOLATION OF BITING ANIMALS. Upon the order of the Department, the Covnty Veterinarian, or the Health Officer, any
dog, cat, skunk, fox; bat, coyote, bobcat or other animal of a
species subject to rabies which bites or otherwise exposes a person to rabies may be impounded and shall be isolated in strict confinement in a place and manner approved by the Department, the County Veterinarian, or the Health Officer and observed for at least fourteen days after the day of infliction of the bite or other exposure, and until examined and released by the Department, the County Veterinarian, or the Health Officer. Dogs and cats shall be so isolated and observed for at least ten days after the
day of infliction of the bite or other exposure, and until examined and relea- by the Department, the County Veterinarian, or the
Health Officer.
Notwithstanding the foregoing, the following alternative is
permitted at the discretion of the Department, the County Veterinarian, or the Health Officer. Dogs or cats which have been
isolated in strict confinement under proper care and under observation of a licensed veterinarian in an animal shelter, veterinary hospital, or other adeqyate facility in a manner approved by the Department, the County Veterinarian, or the Health
Officer, may be released from isolation by the Department, the County Veterinarian, or the Health Officer after five days of
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veterinary observation if upon conducting a thorough phys. examination on the fifth day or more after infliction of the I or other exposure, the observing veterinarian certifies that tl 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 euthanasi a biting animal for the purpose of laboratory examination. person who violates any provision of this section is guilty misdemeanor.
Sec. 62.618. ANuzAtS POSSIBLY EXPOSED TO RABIES. Any an of a species subject to rabies which has been bitten by a k rabid or suspected rabid animal, or which has been in inti contact with such an animal shall be isolated in strict confine
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.
Notwithstanding the foregoing, the following alternatit permitted in the case of dogs and cats. If the dog or cat has vaccinated against rabies at least thirty days prior to suspected exposure with a type of vaccine and within the period approved by the California Department of Health Sen.
the dog or cat may be revaccinated immediately (within 48 hour a manner prescribed by the Department, the County Veterinaria the Health Officer and isolated in strict confinement in a 1 and manner approved by the Department, the County Veterbaria the Health Officer and observed for a period of thirty
following revaccination. Any person who violates any provisi this section is guilty-of a misdemeanor.
Sec. 62.619. PAYMENT OF FEES AND EXPENSES. The owner o
animal which is isolated under the provisions of this article pay all fees and expenses related to the isolation including not limited to, the impoundment I confinement I quarantine I b examination, and release of the animal from quarantine.
ARTICLE 3
DOG LICENSES
Sec. 62.620. DOG LICENSE REQUIRED.
(a) Any person owning or having custody of a dog, 4 tourists or visitors who stay less than thirty (30) days With
unincorporated area of San Diego County or any city in whit Departsent provides licensing or animal control services,
apply for and obtain from the Department a separate dog licen each dog they own, possess, keep, or harbor, after it i: months old. Such persons must possess the license at the ti
dog is five months old or thirty (30) days after obtain.
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bringing any dog over four months of age into the unincorporated area of San Diego County or any city in which the Department provides licensing or animal control services.
Such persons shall renew the dog license before it expires for
as long as they Own, possess, keep, harbor, or otherwise have custody of the dog. If renewal is not required, such persons shall within thirty (30) days after the expiration date advise the
Department of the reason therefore.
(b) Any dog which is legally impounded according to the
provisions of this chapter and does not have a valid dog license at the time of release shall be presumed to be a dog which, prior to impounding, required a Department issued dog license, regardless of
such dog's actual age or owner's place of residence.
(c) upon presentation by the dog owner of a properly completed dog license application form including proof that the rabies vaccination will be valid throughout the license period, and
payment of the proper license fee, and if applicable, a late fee, the Department shall issue a dog license and license tag. The dog
owner shall retain the dog license for inspection by any person responsible for enforcing the provisions of this chapter.
(d) Licenses shall be valid for a term not to exceed tQe maximum immunity duration periods specified for the various types
of canine rabies vaccines approved by the California Department of Health Services and must be renewed prior to the expiration of the term by the payment of the current effective fee for each renewal.
(e) The dog owner shall securely affix the current license tag to the collar or t,Tirness of the dog for which the license tag
was issued and shall ensure that the dog wears such license tag at all times except when the dog is being exhibited at a dog show.
A license tag issued for one dog shall not be transferred
No unauthorized person shall remove a license tag from a
collar or harness or remove the collar or harness bearing such tag from a dog.
(h) whenever a license tag is lost or damaged, the owner
shall apply for and obtain a replacement from the Department upon payment of the prescribed fee.
Sec. 62.622. TRANSFER LICENSE. Owners of dogs having a current license issued in their name by another dog licensing agency may be issued a County dog license upon payment of the
applicable transfer fee. Such persons must possess a Department issued dog license within thirty (30) days of bringing the dog into
the unincorporated area of San Diego County or any city in which the Department provides licensing or animal control services. The
I
(f)
(9)
or attached to1 any other dog.
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rabies vaccination for any such dog must be valid for the durz
of the license issued.
presumed to be the address where the dog is kept. Any chanc address must be reported to the Department of Animal Control w: thirty (30) days following such change.
Sec. 62.624. CHANGE OF OWNERSHIP.
(a)
SeC. 62.623. CHANGE OF ADDRESS. The address of the om@
Whenever the ownership of a licensed dog changes, th owner shall apply for and obtain a change of ownership license
the Department and pay the applicable fee. Such persons possess the license within thirty (30) days of acquiring 4 currently licensed by this Department.
Dog owners or the parent or guardian of minor chi who sell or otherwise change the ownership or custody of shall within thirty (30) days thereafter inform the Departme
the name, address and telephone of the new owner and the nam description of the dog.
(b)
ARTICLE 4
SHELTERS
Sec. 62.630. ESTABLISHMENT OF ANIMAL SHELTERS. The Dii of Animal Control shall, with the approval of the Boa Supervisors, establish as many animal shelters throughpu County as he/she shall determine to be necessary 'foi performance of his/her,duties.
Sec. 62.631. ESTABLISHMENT OF ANIMAL DISPOSAL FACIL: The Department shall establish at the Comty Animal Shel+ humane procedure for euthanasia of animals. The Depart3aent B
its option, upon payment of applicable fees, accept anima humane disposal. The owner or possessor of such animals first complete appropriate forms setting forth the constituting such ownership and/or possession, certifyinc
he/she ha8 the right to request disposal of such anal, and to hold the County, its agents and employees harmless fr liability for its acceptance and disposal of such animals
owner or person requesting the disposal of any animal shall c in writing that, to the best of his/her knowledge, the anin not bitten a human being within the period established b chapter for isolation of biting animals and suspected animals. Notwithstanding the foregoing, the Department, the
Officer, or the County Veterinarian may authorize, with pen of the owner, if known, the euthanasia of a biting animal :
purpose af laboratory examination.
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ARTICLE 5
KENNELS
Sec. 62.641. KENNEL LXCENSIPJG PROCEDUEZES. It shall be
unlawful for any person(s) to operate a kennel, as defined by
Section 62.601(u) of this code, vithin the unincorporated area of San Diego County or any City in which the Department provides animal control services without first having obtained a kennel license therefor. Procedures for kennel license applications, renewals, denials, suspensions, revocations, hearings, and appeals, except as otherwise herein provided, shall be the same as those set forth in the Uniform Licensing Procedure (Sections 16.101-16.115)
of this Code.
Kennel licenses shall expire one year from the date of issue In such case
Any kennel which is found by the Department to be unsanitary or a menace to animal or public health, safety or welfare, is declared to be a public nuisance. The Department is authorized and empowered to take such action as is necessary to abate the
nuisance. In the event that immediate action is necessary to preserve or protect animal or public health, safety or welfare, the Department is authorized and empowered to summarily abate such nuisance by any reasonable means including, but not limited to
impoundment of the animal(s) and/or immediate closure of the kennel for such time until the nuisance is abated.
In such case, he;trings shall be provided in accordance with
Sec. 16.112 and/or Sec. 62.678 of this Code. Otherwise, the
Department shall inaugurate proceedings in accordance with provisions of the Uniform License Procedure. The Department may
also commence proceedings in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6,
Title 1 of this Code.
unless the Department selects a different expiration. the kennel license fee shall be prorated.
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Sec. 62.642, KENNEL LICENSE STANDARDS.
(a) ACXNOWLEDGEEIENT OF STANDARDS. A copy of the applicable
standards will be supplied to the applicant with each request for an application for a kennel license, and the applicant shall
acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the
application form.
Each
applicant or kennel operator must demonstrate that his/her premises and any facilities or equipmentused in his/her kennel comply with
the standards set forth in this article. In addition, each applicant or kennel operator shall correct any deficiencies noted within a reasonable time specified by the Department. Plans for
(b) DEMONSTRATION OF COMPLIANCE WITH STANDARDS.
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new or remodeled kennel facilities may be submitted to Department for review. Upon request by the Department, applicant or kennel operator must make his/her premj facilities, and equipment available for the purpose of ascertaj
compliance with said standards.
(c) CONDITIONS AND RESTRICTIONS. The issuing officer issue a kennel license under any conditions and restrictions p he/she deems necessary for the protection of animal and/or p~ health, safety, or welfare, and may specify such conditions restrictions on the kennel license.
addition to the reasons stated in the Uniform Licensing Procl the issuing officer shall not issue a kennel license to:
Any person applying for an original kennel li who has not received approval for the location the appropriate planning/ zoning Department 0' has not obtained any necessary permit(s) fo: operation; or
Any person whose kennel license has been suspe for the period during which the order of suspe is in effect; or
Any person who has been or is an officer, ager employee of a licensee whose kennel licens been suspended or revoked and who was respor
for or participated in the violation upon whic order of suspension or revocation was based the per$& during whicbthe order of suspend in effect and for a period of one year fro
effective date of a revocation, or if a revoc has been stayed, until one year from the expii of the stay; or
Any person whose kennel license has been re' or any partnership, firm, corporation, or
legal entity in which any such person ' substantial financial interest for a period t year from the effective date of such revocati
if a revocation has been stayed, until one from the expiration of the stay; or
Any person who fails to comply with any pro
of this Article.
(d) ADDITIONAL REASONS FOR DENIAL OF APPLICATION.
1.
2.
3.
4,
5.
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Sec. 62.645.1. FACILITIES, GENERAL.
(a) STRUCTURAL STRENGTH. Indoor and outdoor housing
facilities shall be Structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the
animals, and to restrict the entrance of other animals. Crates and boxes, automobile bodies, scrap materials salvaged from plyboards, odd pieces of material such as linoleum, tin, canvas and other such materials are not suitable and shall not be used.
(b) FENCING. Any fencing shall be in conformance with planning/zoning requirements and be of suitable sturdy material anchored solidly to the ground in such a manner to prevent animals from escaping by digging under the fence and of sufficient height to prevent animals from escaping. If necessary, to accomplish the intent of containment, a Oover over the fenced area shall be installed.
(c) WATER AND ELECTRL ?OWES. Reliable and adequate electric power, if required to comply with other provisions of this Article, and adequate potable water shall be available.
Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be
provided for supplies of perishable food.
(e) WASTE DISPOSAL. Provisions shall be made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. ’
(f) WASHROOMS AIb SINKS. Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers.
(d) STORAGE.
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Sec. 62.645.2. FACILITIES, INDOOR.
(a) HEATING. Indoor housing facilities shall be warm enough
to protect the animals from cold, Sufficient clean bedding material or other means of protection shall be provided when the ambient temperature falls below that temperature to which an animal is acclimated.
(b) VENTILATION. Indoor housing facilities shall bet
adequately ventilated to provide for the health and comfort of the animals at all, times. Such facilities shall be provided with fresh
air either by means of windows, doors, vents, or air conditioning
and shall be ventilated so as to minimize drafts, odors, and moistcre condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient
temperature is 85 degrees Fahrenheit or higher, within the indoor
housing facility.
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(c) LIGHTING. Indoor housing facilities shall have a1 light, by natural or artificial means, or both, of good quality well distributed. Such lighting shall provide unif 0:
distributed illumination of sufficient light intensity to pe
routine inspection and cleaning during the entire working per Primary enclosures shall be so placed as to protect the ani
from excessive illumination.
(d) INTERIOR SURFACES. The interior building surface:
indoor housing facilities shall be constructed and maintaine that they are substantially impervious to moisture and ma! readily sanitized.
(e) DRAINAGE. A suitable method shall be provided to rap
eliminate excess liquid from indoor housing facilities. If dr are used, they shall be properly constructed and kept in repair to avoid foul odors therefrom. If closed drainage sys are used, they shall be equipped with traps and so installed E prevent any backup of sewage onto the floor of the room.
Sec. 62.645.3. FACILITIES, OUTDOOR.
(a) SHELTER FROM SUNLIGHT. When sunlight is likely to c overheating or discomfort, sufficient shade shall be provide
allow all animals kept outdoors to protect themselves from direct rays of the sun.
(b) SHELTER FROM RAIN OR SNOW. Animals kept outdoors ! be provided with access to shelter to allow them to remair
(c) SHELTER FROV, COLD WEATHER. Shelter shall be provide all animals kept outdoors when the atmospheric temperature .
below 50 degrees Fahrenheit. Sufficient clean bedding materi other means of protection from the weather elements shal provided when the ambient temperature falls below that temper 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 ENCLOS
Primary enclosures must be provided for all animals and conform to the following requirements:
(a) Primary enclosures shall be structurally sound maintained in good repair to protect the animals from injur
contain them, and to keep other animals out. They sha: effectively enclosed.
Primary enclosures shall be constructed and maintail
as to enable the animals to remain dry and clean.
during rain or snow. /-
(b)
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(c) Primary enclosures shall be constructed and maintained so that the animals contained therein have convenient access to clean food and water.
(a) The floors of the primary enclosures shall be constructed so as to protect the animals' feet and legs from injury.
Sec. 62.645.5. ADDITIONAL GENERAL REQUIREMENTS FOR PRIMARY
(a) In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta.
(b) Each primary enclosure shall be provided with a solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortably hold all occupants of the primary enclosure at the same time. Such resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.
(c) Not more than twelve (12) adult cats shall be housed in the same primary enclosure.
Sec. 62.645.6. GENERAL SPACE REQUIREMENTS. Primary enclosures must be large enough so that the animals in them can
obtain adequate exercise. Any separate kennel houses used as sleeping quarters must provide sufficient space to allow each animal to turn about freely, stand easily, sit and lie in a comfortable normal position. It is unlawful to keep any animal in
a primary enclosure or kennel house that does not provide pdequate
space as required by this Article.
ENCLOSURES HOUSING CATS.
Sec. 62.645.7.
(a) A primary enclosure shall never house more than twelve
(12) dogs of any size.
(b) Passageways into kennel houses shall allow easy access for all dogs housed in them. Any dog confined to a kennel house
which does not meet the space requirements for a primary enclosure shall be provided access to its primary enclosure after no more than twezve (12) hours for sufficient time to allow adequate
exercise.
(c) Any primary enclosure(s) and/or kennel house(s) of kennels which were not licensed on September 11, 1986, and those completed or installed in any kennel after September 11, 1986, shall meet the following space requirements.
&DITIONAL SPACE REQUIREMEN!M FOR BOGS.
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WEIGHTOFDOG MINIMUM SPACE REQUIREMENT IN POUNDS PRIMARY ENCLOSURE KENNEL HOUSE
WIDTH SQ FOOT, WIDTH SQ FOOTAGE
Up to 15 2.0' 6.0 1.5' 3.0
2.0' 5.0 Over 15 2.5' 10.0
Over 35 3.0' 15.0 2.5' 7.5
Over 65 3.0' 18.0 2.5' 9.0
Over 95 3.5' 24.0 3-0' 12.c
Over 130 4.0' 32.0 3.5' 14. (
to 35
to 65
to 95
to 130
If a primary enclosure or kennel house contains more tha dog the minimum number of square feet required is the sum o square feet requireaents for each individual dog kept therei
Sec. 62.645.8. FEEDING.
(a) Animals shall be provided food which shall be free contamination, wholesome, palatable, and of sufficient quantit nutritive value to meet the normal daily requirements foi condition and size of the animal.
Food receptacles shall be accessible to all animal
shall be located so,;as to minimize contamination by exc Feeding pans shall be durable and kept clean. The food recept shall be sanitized at least once every two weeks. Disposable receptacles may be used but must be discarded after each fee
Self feeders may be used for the feeding of dry food, and shall be sanitized regularly to prevent molding, deterioratj caking of feed.
Sec. 62.645.9. WATERING. Clean potable water sha available to the animals in conformance witla the principles o animal husbandry unless restricted for veterinary care. Wa receptaclm shall be kept clean and shall be sanitized at
once every two weeks.
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(b)
Sec. 62.645.10. SANITATION OF PRIMARY ENCLOSURES AND
HOUSES
(a) CLEANING. Excreta shall be removed from p enclosures and kennel houses as often as necessary, at least
to prevent contamination of the animals contained therein reduce disease hazards and odors. When a hosing or flushing
is used for cleaning, any animal contained in the enclosure
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be protected during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from
being contaminated with water and other wastes. Rugs, blankets, or other bedding material shall be kept clean and dry.
(b) SANITIZING. Prior to the introduction of animals into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided herein. Enclosures shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard, provided, however, that such enclosures shall be sanitized at least once every two weeks in the following manner: Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water (180 degrees
Fahrenheit) and soap or detergent or by washing all soiled surfaces with a detergent solution followed by a safe and effective disin- fectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand, or dirt shall be sanitized by removing the soiled gravel, sand, or dirt and replacing it as necessary.
(c) HOUSEKEEPING. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animal from injury and to facilitate the prescribed husbandry practices. Premises shanl remain free of accumulations of trash.
(d) PEST CONTROL. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained,
Sec.62.645.11. EMPLOYEES. A sufficient number of caretakers shall be utilized to maintain the standards set forth/in this section.
Sec. 62 . 645.12. CiXSSIPICATION AND SEPARATION. Anhals housed in the same primary enclosure shall be maintained in compatible
groups, with the following additional restrictions:
(a) Females in season (estrus) shall not be housed in the same primary enclosures with males, except for breeding purposes.
(b) Any animal exhibiting a vicious disposition shall be housed individually in a primary enclosure.
(c) Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dm, except when the owner specifically requests they be housed together.
(d) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals unless the owner specifically requests they be housed together.
Animals under quarantine or treatment for a communicable
disease shall be separated from other animals and other susceptible (e)
a e
species of animals in such a manner as to minimize dissemination such disease. Animals with substantial injuries shall also separated from other animals.
Sec. 62.645.13. RECORDS. The kennel operator shall k
available for inspection on the premises a record that shall s the name, current address and telephone number of the owner of e animal kept at the kennel, the description of the animal, inclue its age (if known) or approximate age, breed, sex and color. 1 part of such record, a current valid rabies certificate or ot written proof of vaccination, verified by phone, shall maintained for each dog required to be vaccinated by this Chapt showing the dog owner’s name, address, and telephone; the dc name and description, including breed, color, sex, month and *
of birth; the date of vaccination; and the name and telephonc the veterinarian who vaccinated the dog or telephone of licensing agency verifying the vaccination. In addition, kennel operator shall have someone in attendance at the kennel can identify each animal in the kennel, except that animals u four months of age may be identified as to litter.
Sec. 62.646. VACCINATION REQUIRED FOR INDIVIDUAL DOGS kennel operator shall not be required to obtain the individual licenses imposed by this chapter for each dog in his/her kennel
which the kennel license is obtained; however, each kennel oper shall ensure that each dog in his/her kennel is vaccinate required by this chapter.
Sec. 62.647. KENNEL INSPECTION. Because of the nee adequately protect animals within kennels from unhealthy condii and practices and the interests of society in cursing preventing inhumane practices, reasonable inspection require
dictate that Departmeni officers shall have the right to inspe reasonable times. As a condition of the issuance of a k license, each operator shall agree to allow such inspection; acknowledgement shall be made a part of the application and
Each kennel for which a kennel license has been issued sha inspected at intervals determined by the Department.
Sec. 62,648. VIOLATION. Any person who Violate€ provision of this Article or of the Uniform Licensing Proc (Sections 16.101 through 16.115) of this Code is guilty misdemeanor. Any act or omission by a kennel operatc contravention of these requirements, or of any of the cond:
and/or restrictions of the issued kennel license, shall be g for and shall authorize the suspension and/or revocation c
kennel license independently of any criminal prosecution c results thereof, The Director may suspend or revoke the I license irrespective of the pendency of any criminal proceet and prior to the initiation thereof.
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ARTICLE 6
CONTROL PROVISIONS
Sec. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATION.
(a) In any prosecution involving an animal charging 2 violation of any provision referred to in Section 62.661 of this Code, proof by the People of the State of California that thc particular animal described in the complaint was found in violation
of any provision of said sections, together with proof that the defendant named in the complaint was at the time of the alleged
violation the owner of the animalp shall constitute prima facie evidence that the owner of the animal was th~ person responsible for the violation of said provisions involving said animal. However, for the purpose of this section proof that a person is the owner of said animal is not prima facie evidence that he/she has violated any other provision of law.
(b) The presumption created by this section shall be nullified when the person charged has made a bona fide sale OK transfer and has complied with the requirements of Section 62.624, or Section 42.674 for a "Dangerous Dogn, prior to the date of the
alleged violations and has advised the court of the name and address of the purchaser, and of the date of sale.
Sec. 62,661. ENFORCEMENT PROVISIONS.
(a) The Department, each agent or deputy thereof who is
assigned to duties which include the enforcement of- animal regulation laws and any peace officer are responsible for enforcing the provisions of this,.Chapter, Sections 16.101 through 16.115 02 this Code, Section 148 of the California Penal Code, and any law relating to or affecting animals of the State of California, the County of San Diego or any city in which the Department provides
animal control services.
California Penal Code Section 597 . 1 shall be operative in and
enforced by the Department, and California Penal Code Section 5971
shall not be operative.
The Health Officer and each agent or deputy thereof who is assign- to duties which include the enforcement of rabies
control and sanitation laws are responsible for enforcing Section
148 of the California Penal Code and the following provisions of this chapter:
(b)
(1) Article 2 (commencing with Section 62.610).
(2) Sections 62.665, 62.667, 62.668(d) and (e) , 62.670,
The County Veterinarian and each agent or deputy thereof
who is assigned to duties which include the enforcement of the
62.672, 62.674, 62.675, 62.681, 62.682.
(c)
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provisions of the California Food and Agricultural Code relatinc the health and sanitary surroundings of livestock, poultry, rabbits are also responsible for enforcing Section 148 of California Penal Code and the following provisions of this COC
(1) Chapter 1 (commencing with Section 62.101) Division 2, Title 6.
(2) Sections 62.610; 62.614; 62.616; 62.617; 62.
62.646; 62.665; 62.667; 62.668(c), (a) and
62.672; 62.681; 62.682; and 62.683 of this chap
(b) and (c) hereof shall cooperate to attain compliance with shall take appropriate action in the case of any violation those provisions which they are responsible to enforce.
Sec. 62.662. ARREST AND CITATION. Each of the individ
referred to in Section 62.661 shall have the power to make arr without warrant in the manner prescribed in Section 836.5 of California Penal Code, for violations of those provisions of chapter and of state law which he/she has a duty to enforce ai issue citations for such violations. Any person so arrestec: does not demand to be taken before a magistrate may instei cited in the manner prescribed in Chapter 5C (commencing Section 853.5) of Title 3, Part 2 of the California Penal Cot
Sec. 62.663. Dog license violations: Dismissal on pro( correction; False or fictitious information.
(a) Whenever a person is arrested for a violation/of 62.620 of this Code and the officer issues a Notice to Appear officer shall note on 'khe form that the charge shall be dism on proof of correction unless a disqualifying condition ai forth in subdivision (b) exists. If the arrested person pres
by mail or in person, proof of correction as prescribed herei 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 I: Department or by any clerk or deputy clerk of a court tha alleged violation has been corrected.
(b) A Notice to Appear shall be issued as provid subdivision (a), unless the officer finds any of the fol' disqualifying conditions:
(d) Each of the individuals referred to in subdivisions
(1) Evidence of fraud.
(2) The person has been charged within the past o year period with a violation of Section 62.6
(3) The violation involves a dog which has att bitten, or otherwise caused injury to a persc
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which otherwise presents an immediate safety hazard.
(4) The person does not agree to, or cannot, promptly correct the violation.
Any person who signs a Certificate sf Correction with a false or fictitious name or who presents as evidence of correction false or fictitious information is guilty of a misdemeanor.
Sec. 62,664. AGREEMENTS - RULES AND REGULATIONS. For the
purpose of performing their duties under this chapter the Department or the County Veterinarian may, with approval of the Board of Supervisors, negotiate agreements, and shall promulgate such rules and regulations as they may deem proper and necessary.
Sec, 62.665. INVESTIGATIONS, The Department, the County
Veterinarian, the Health Officer, and any peace officer, may enter private property to investigate reports of dangerous dogs, rabies, or other contagious animal diseases, and to investigate possible
violations of and enforce the provisions of this Chapter, Sections
16.101 through 16.115 of this Code, Section 148 of the California Penal Code, and any law relating to or affecting animals of the
State of California, the County of San Diego or any city in which the Department provides animal control services.
Sec. 62.667. EPIDEMICS. Either the Health Officer or the County Veterinarian may determine and declare that an epidemic or
other unusually dangerous health situation exists among the animals in the County. Upon the making of such a declaration the Health
Officer or the County Veterinarian shall prepare and promulgate, with the approval of7the Board of Supervisors, such rules and regulations as are necessary for the conduct of all persons within
the area where the dangerous condition exists. These rules and regulations may include, but are not limited to, quarantine, vaccination, and destruction of diseased, exposed or stray animals by humane methods. It shall be the duty of the Department, the
County Veterinarian, and the Health Officer to cooperate in the
enforcement of such rules and regulations.
Sec. 62.668. CONDITIONS OF ANIMAL OWNERSHIP. Animal owners
or keeper8 must comply with the following conditions of animal ownership, and the Department or the County Veterinarian may require a8 a condition of licensing such owners or keepers to sign pennit or license applications agreeing to comply with such
conditions:
Animals shall be restrained or confined as required by
law,
Animals shall be humanely treated at all times.
required by law.
(c)
(a)
(b)
(c) Vaccinations, licenses, and permits shall be obtained as
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(d) Animal premises shall be kept sanitary and shall constitute a fly breeding reservoir, a source offensive odors or of human or animal disease.
(e) Animals and animal premises shall not be permitted disturb the peace or constitute a public nuisance
hazard.
Any person who violates any provision of subdivisions (d) (e) of this section is guilty of a misdemeanor.
Sec. 62.669. RESTRAINT OF DOGS REQUIRED. Any person ow or having custody or control of a dog shall at all times prey the dog from being '@At Large", within the meaning of Section 62 (d) of this Code, and from being in violation of other provis of law. However, dogs may be unrestrained by a leash wl assisting their owners in legal hunting, in the herding
livestock as permitted by law, or on public property with written permission of, and for purposes authorized by, the aq responsible for regulating the use of such property; so lon such dogs are under direct and effective voice control to en that they are not in violation of any other provision of law. section does not apply to dogs assisting peace officers w
performing law enforcement duties. Any person who violates provision of this section is guilty of a misdemeanor.
Sec. 62.669.1. PUBLIC PROTECTION FROM DOGS. Any pc owning or having custody or control of a dog shall at all 1 prevent the dog from attacking, biting, or otherwise causing iz to any person engaged in a lawful act; from interfering wit1
lawful use of public or private property; or from damaging per! property which is lawfully upon public property, or upon pr: property with the permission of the person who owns or has
right to possess or use the private property. Any persoi violates any provision of this section is guilty of a Plisdeme
Sec. 62.669.5. PROTECTION DOG, DANGEROUS DOG, OR POTENT
(a) My person owning or having custody or control
DANGEROUS ANIMAL.
wProtection Dogn as defined in Section 7521 of the Calif Business and Professions Code, "Dangerous Dogr, or
t@Potentially Dangerous Animal" is guilty of a misdemeanor if, result of that person's failure to exercise ordinary care animal attacks, bites, or otherwise causes injury to a g
engaged in lawful activity and the owner or custodian kn should have known of the "Protection Dog" status of the dog,
the ~gDangerous" or "Potentially Dangerous" nature of the an.
(b) This section does not apply to animals used in mi or police work while they are actually performing in that capd
Sec. 62.670. COMMITTING NUISANCE. No person shall a.
dog in his/her custody to defecate or to urinate on any pr
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other than that of the owner or person having control of the dog. It shall be the duty of all persons having control of a dog to curb such dog and to immediately remove any feces to a proper receptacle. Disabled persons while relying on a seeing eye,
hearing, or service dog shall be exempt from this section.
Sec. 62.671. FEMALE DOGS IN SEASON (ESTRUS). Any person
owning or having custody or control of a female dog in season (estrus) shall securely confine such dog within an enclosure in a
manner that will prevent the attraction of male dogs to the immediate vicinity.
Sec. 62.672. DISTURBING THE PEACE PROHIBITED. No person
shall own or harbor an animal in such a manner that the peace or
quiet of the public is unreasonably disturbed. The keeping or maintenance, or the permitting to be kept or maintained, on any
premises owned, occupied, or controlled by any person of any animal or fowl which, by any frequent or long continued noise, shall cause
unreasonable annoyance or discomfort to any person of normal sensitivity in the vicinity shall constitute a violation of this section; provided, however, that nothing contained herein shall be
construed to apply to reasonable noises emanating from legally operated veterinary hospitals, humane societies, animal shelters, farm and/or agricultural facilities, or areas where keeping of animals or fowls are permitted. Any person who violates any provision of this section is guilty of a misdemeanor.
Sec. 62.673. INHUMANE TREATMENT AND ABANDONMENT. No person
shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer unnecessary torture or pain. No person shall abandon any dcmesti6 animal without care on any public or private property. Any person who
violates any provision'of this section is guilty of a misdemeanor.
Sec. 62.674. DECLARATION AND POSSESSION OF DANGEROUS DOG.
(a) GENERAL PROVISIONS.
1. If the Department has cause to believe that a dog is
a "Dangerous Doga within the meaning of 62.608(1) (1) or (2) 8 it may commence proceedings as provided herein.
2. The Department shall first serve, upon the owner
and/or curtodfan, notice of intent to declare the dog a "Dangerous
Dog" s
3. The notice shall inform the dog mer and/or
custodian of the incident(s) that provide a basis for the Department's action, and specify that he/she may request a hearing within five (5) working days to determine whether grounds exist for
such declaration; the potential consequences if such a declaration is issued; and the Department's authority for such action.
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4. Failure of the owner and/or custodian to reques hearing pursuant to subdivision (3) , or failure to attend or represented at a scheduled hearing, shall satisfy the heal requirements and shall result in the issuance of a '#Dangerous I declaration.
5. A finding at the hearing that the dog does 1 within subdivisions (1) or (2) of Section 62.601(1) shall resul the issuance of a "Dangerous Dog" declaration.
The Department is hereby authorized and empowere impound and/or abate any "Dangerous Dog" independently of criminal prosecution or the results thereof by any means reason
necessary to ensure the health, safety and welfare of the pu including, but not limited to, the destruction of the dog or by imposition upon the owner and/or custodian specific reason restrictions and conditions for the maintenance of the dog. restrictions and conditions may include, but are not limited
6.
a. Obtaining and maintaining liability ins- in the amount of one hundred thousand dol
($100,000) and furnishing a certif icat proof of insurance by which the Depart shall be notified at least ten (10) days 1 to cancellation or non-renewal;
b. Requirements as to size, construction design of enclosure;
c. Location of the dog's residence; /
d. Requirements as to type and methoc r6straints and/or muzzling of the dog;
e. Photo identification or permanent marki: the'dog for purposes of identification;
f. A requirement to obtain a IIDangerous registration in addition to the li required under Section 62.620 of this cc
g. A requirement to alter the dog;
h. Requirements to allow inspection of th and its enclosure by the Department o other law enforcement agency, and to p3 upon demand, proof of compliance wit
requirements of this section; and,
i. Payment of a reasonable fee to recove costs of the Department in ver
compliance and enforcing the provisic this section.
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The Department may also commence proceedings in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 of this Code.
(b) NOTIFICATION OF RIGHT TO HEARING. At least five (5) working days prior to the impoundment and/or abatement, the o-er
or custodian of record shall be served a notice of their right to a hearing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subdivision (a) of this section. If the owner or custodian of record requests a hearing prior to
impoundment and/or abatement, no impoundment and/or abatement shall take place until the conclusion of the hearing except as noted in subdivision (c) .
(c) IMMEDIATE IMPOUNDMENT. When, in the opinion of the
Department, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of law, the pre-impoundment hearing shall be waived; however, the owner or custodian of record
shall be given a notice allowing five (5) working days to request
an abatement hearing. If a hearing is requested, the dog shall not
be disposed of prior to satisfaction of the hearing requirements.
A finding at an abatement hearing under subdivision (b) or (e) that grounds exist for the impoundment and/or abatement of the dog, or the failure of the owner and/or custodian to request a hearing or to attend or be represented at a scheduled hearing, shall
satisfy the hearing requirements and the dog shall be impounded and/or abated. f
(d) CHANGE OF OWkSHIP, CUSTODY AND/OR RESIDENCE. The owner and/or custodian of a "Dangerous Dog" who moves or sells the dog(s) or otherwise transfers the ownership, custody or residence of the
dog(s) , shall at least ten (10) days prior to the sale or transfer, i2form the Department in writing of the name, address and telephone number of the proposed new owner or custodian, and/or the proposed
new residence, and the name and description of the dog(s) . The Department may prohibit the proposed transfer for cause.
The owner and/or custodian shall, in addition, notify any new owner or custodian in writing regarding the details of the dog's record, Md the terms and conditions for maintenance of the dog.
The owner and/or custodian shall also provide the Department with a copy thereof containing an acknowledgment by the new owner or custodian of his/her receipt of the original and acceptance of the
terms or conditions. The Department may impose different or additional restrictions or conditions upon the new owner or custodian.
In the event of the dog's death, the owner and/or custodian
shall notify the Department no later than twenty four (24) hours thereafter and, upon request, produce the dog for verification. If
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the dog escapes, the owner and/or custodian shall notify Department and make every reasonable effort to recapture it. person who violates any provision of this subdivision is guilty a misdemeanor.
(e) POSSESSION UNLAWFUL. It is unlawful to have custody
own or possess a "Dangerous Dogg* within the meaning of Secl
62.601(1) , unless it is restrained, confined, or muzzled so tha. cannot bite, attack or cause injury to any person. Any person violates any provision of this subdivision is guilty o misdemeanor.
(f) DECLARED DANGEROUS DOG. It shall be unlawful for
owner and/or custodian of a dog declared to be a '*Dangerous Dog fail to comply with any requirements or conditions imposed purs to subdivision (a) (6). Any person who violates any provisio this subdivision is guilty of a misdemeanor.
(9) SURRENDER OF DOG UPON DEMAND. The owner and/or custc
of a '*Dangerous Dogtr, within the meaning of 62.601(1), s surrender such dog to the Department upon demand.
Any person who violates any provision of subdivisions
(e), (f), or (a) of this section is guilty of a misdemeanor.
Sec. 62.675. COMPLAINTS. Upon receiving a complaint fi
person alleging a violation of this chapter or any other relating to or affecting animals, an investigation to dete: whether a violation exists may be made. If the hvestig, discloses a violation of this chapter, prosecution may be init against the owner. Complainants' identities shall %e
confidential to the extent v- permitted by law.
Sec. 62.676. CAPTURE OF ANIMALS AT LARGE.
(a) The Department, peace officers and persons employe
animal control purposes by the local governing body may atten capture any animal found at large in violation of law ab destroy an animal at large if, in their judgment, such acti required for public health and safety.
The Department shall not seize or impound any dog, hob for being at large that has strayed from, but then returned ti
private property of its owner or the person who has a ric control the dog, but in such case a citation may be i! provided, however, that if in such a situation the owner or ] who has a right to control the dog is not home, the dog I
impounded, but the Department shall post a notice of
impounding on the front door of the living unit of the ow person who has a right to control the dog.
Such notice shall state the following: That the dog ha
impounded, where the dog is being held, the name, addres telephone number of the agency or person to be contacted reg
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release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within a specified period of the by its owner or by the person who has a right to control the dog.
Any person who finds an animal at large may take it into his/her possession and must as soon as possible, but no later than twenty-four hours thereafter, notify the Department. He/She shall
surrender the animal to the Department upon demand. No such action shall result in a charge against the County. The finder of the animal at large shall use reasonable care to preserve it from injury; however, he/she shall not be held liable if the animal dies, escapes or injures itself while he/she is carrying out the provisions sf this section,
Sec. 62.677. REZINQUISHING AN ANIMAL. Any person who relinquishes an animal to the Department shall give his/her name, address and, if he/she is not the owner, the location where the
animal was found.
Sec. 62.678 . NOTIFICATION OF OWNER - RIGHT TO HEBRING, Upon impoundment of an animal wearing a license tag, or identification listing the owner's name and address, the Department shall immediately mail or personally deliver to the owner of record a notice that the animal is in the custody of the Department,
The notice shall include a statement that the owner may within
five (5) working days request a hearing as to the legality of the impoundment,
If requested, the hearing shall be held within five (5) working days of the date of the request. The time during which the animal shall not be dibposed of other than by return to the owner shall be extended until the conclusion of the hearing, If at the
conclusion of the hearing the impoundment is found to be unjustified, the animal shall be returned to the owner without charge. If the animal is returned to the owner prior to the hearing, any fees other than vaccination or licensing fees paid by the owner to the County as a result of an unjustified impoundment
shall be refunded to the owner.
Sec, 61.679, RETURN OF ANIMALS TO THEIR OWNERS. The owner of an impoundad animal not subject to abatement action lay claim it prior to other legal disposition by providing proper
identification, meeting all requirements, and paying the applicable redemption fees-
Effactfve July 1, 1993, upon redemption of any lawfully
impounded unaltered dog found at large two or more times, the owner shall pay an altering deposit in addition to other redemption fees as established by resolution. Such altering deposit shall be
refundable upon proof that the animal has been altered by a licensed veterinarian within thirty (30) days of the redemption date unless the animal is under six (6) months of age at the time
(b)
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release of the dog, and an indication of the ultimate disposi. of the dog if no action to regain it is taken within a speci period of time by its owner or by the person who has a righ control the dog.
Any person who finds an animal at large may take it his/her possession and must as soon as possible, but no later twenty-four hours thereafter, notify the Department, He/She s
surrender the animal to the Department upon demand. NO such ac shall result in a charge against the County. The finder of animal at large shall use reasonable care to preserve it injury; however, he/she shall not be held liable if the ar dies, escapes or injures itself while he/she is carrying out provisions of this section.
Sec. 62.677. RELINQUISHING AN ANIMAL. Any person relinquishes an animal to the Department shall give his/her 1
address and, if he/she is not the owner, the location where animal was found.
impoundment of an animal wearing a license tag, or identifk listing the owner's name and address, the Department immediately mail or personally deliver to the owner of ret. notice that the animal is in the custody of the Department.
The notice shall include a statement that the owner may T*
five (5) working days request a hearing as to the legality c impoundment.
If requested, the hearing shall be held within fivc
working days of the date of the request. The time during whic animal shall not be disposed of other than by return to the shall be extended until the conclusion of the hearing. If i
conclusion of the hearing the impoundment is found 1 unjustified, the animal shall be returned to the mer w: charge. If the animal is returned to the owner prior t hearing, any fees other than vaccination or licensing fees p(
the owner to the County as a result of an unjustified hpoui shall be refunded to the owner.
Sec. 62.679. RETURN OF ANIMALS TO THEIR OWNERS. The ow
an impounded animal not subject to abatement action may cl prior to other legal disposition by providing identification, meeting all requirements, and paying the appl
redemption fees.
Effactive July 1, 1993, upon redemption of any la
impounded unaltered dog found at large two or more times, the shall pay an altering deposit in addition to other redemptic
as established by resolution. Such altering deposit sh4 refundable upon proof that the animal has been altered licensed veterinarian within thirty (30) days of the redt date unless the animal is under six (6) months of age at tl
(b)
Sec. 62.678. NOTIFICATION OF OWNER - RIGHT TO HEARING.
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of redemption. In such cases, the deposit shall be refundable 1 proof that the animal has been altered by a licensed veterinai by the time the dog is seven (7) months of age. Such altei
deposit shall also be refundable if the owner submits, within specified period, a written certification from a lice: veterinarian stating that, due to health considerations, the an should not be altered, or that, in the professional judgemen'
the veterinarian, the animal has previously been altered.
The Deposit required by this section shall be forfeited to County if such proof of altering or written certification has been presented to the Department within the specified period.
such forfeited deposits shall be used to offset the costs of an control services.
SeC- 62.680- HOLDING PEXIOD, DISPOSITION AND ALTERING.
(a) The Department shall hold an impounded lost or stral for not less than three (3) working days if it was not wear:
license tag when impounded and for not less than five (5) WOI days if it was wearing a license tag, other identification, 0: Department has other reason to believe that an owner exists that the owner or custodian may claim it prior to ( disposition.
The Department shall hold an impounded lost or stray ca' the period specified by California Food and Agricultural Section 31752 except that the Department shall hold an imp0 lost or stray cat for not less than five (5) working days if i wearing identification, or the Department has other reasc believe that an owner exists, or that the owner or custodia
claim it prior to other .. disposition.
The Department may humanely dispose of or transfez new owner, upon payment of the applicable fee, any impounded e not claimed by its owner or custodian within the prescribed hc
period. A dog wearing a license tag when impounded, or relinquished by its owner, shall not be transferred for the pr of medical research without the written consent of the c Animals relinquished by their owners may be destroyc
transferred to a new owner without regard to any prescribed hc period. Injured or diseased animals may be humanely des' without -urd to the prescribed holding period in ord
alleviate suffering or to protect other impounded animals exposure to a contagious disease.
Any dog or cat not claimed by its owner and which h
been altered shall not be sold or given away, other thi
approved medical research, unless the cost of altering such has been deposited with the Department to be refundec presentation of proof of altering by a licensed veterinaria
Private citizens and Humane Society representatives mal an adoption hold on dogs or cats. Citizen holds wil'
I
(b)
(c)
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precedence over Humane Society holds. The Department will no' the Humane Society when the citizen hold period has expired. ] and cats not adopted by the Humane Society within twenty four hours after notification of the expiration of Me citizen hold be destroyed.
(d) The Director may waive the altering deposit require; for a State chartered Humane Society when that Society ad
animals under the following conditions:
(1) The Humane Society will care for and main custody of such dogs or cats for adoption by public in a licensed kennel until such animals adopted or destroyed.
(2) The Humane Society shall, at its own exp (subject to potential reimbursement from adopting person), alter all such dogs or cats require the adopting person to alter the an
within the period specified in (e) and mal necessary deposit to be refunded directly to depositor upon presentation of proof of alterir any licensed veterinarian.
The Humane Society shall not knowingly allow to be adopted by a private party or business guard dog purposes. This provision does
include adoption for the purpose of law enforce
service.
The Humane Society will pay the prevailiny Cc adoption fee and the cost of all vaccinations veterinary care provided €or the animal by Department.
The individual adopting any cat or dog under the ten subdivision (c) or (d) shall have the altering performed w:
thirty (30) days from the date of adoption unless the animi under six (6) months of age at the time of adoption. In such ( the individual shall have the altering performed by the time animal is seven (7) months of age. Failure to complete the su!
within the specified period or the transfer of ownership of i or dog over six (6) months of age prior to altering, I constitute a misdemeanor.
This subdivision shall not apply to any person who obta written certification from a licensed veterinarian Stating
due to health considerations, the animal should not be altere that, in the professional judgement of the veterinarian, the a has previously been altered.
(f) The deposit required by subdivision (C) shal forfeited to the County if such proof of altering or wr
certification has not been presented to the Department withi
(3)
(4)
(e)
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period specified in subdivision (e). All such forfeited depor shall be used for the purposes specified by Sections 30503
31751 of the California Food and Agricultural Code,
The Department may create by policy a SENIOR CITIZENS ADOPTION PROGW for San Diego County residents who are sixty ( years or older and who are qualified to adopt a dog or cat. Director may waive or adjust adoption, vaccination or altering 1 established by the Board of Supervisors in conjunction with su(
program, provided that the animals involved shall be vaccinated rabies and shall be altered as required by law.
(g)
Sec. 62.681. WILD ANIMALS.
(a) VENOMOUS REPTILES. It shall be unlawful for any pel
to own, possess or maintain any venomous reptile.
(b) GENERAL PROVISIONS. It shall be unlawful for any pel to own, possess or maintain any other wild animal unless he, complies with all federal, state and local laws, regulations, permit requirements affecting such animals. The owner shall a
1. Keep the animals at all times in cages
enclosures of such size and construction confined in such a manner as to preclude possibility of escape. Such cages, enclosures confinement shall be of such size as to permit animals reasonable freedom of movement;
2. Keep the cages or enclosures in a clean sanitary condition at all times;
3. Provide? the animals with adequate food, wa shelter, and veterinary care;
4, Keep the animal(s) in a manner so as not threaten or annoy any person of normal sensitiv
(c) 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 e of an escape, immediately notify the Department
make every reasonable effort to recapture
animal (s) ;
2. Upon request by the Department make his animal (s) , premises, facilities, equipment, and
provisions of this section;
/
I
/ necessary pennit(s) available for inspection
4 the purpose of ascertaining compliance with /
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3. Reimburse the Department for all costs incurrc enforcing the provisions of this section wt violation is found, and shall be responsible any injury, or any damage to private or PI property caused by the animal(s);
(d) LOCATION AND TRANSPORTATION. Such animals shall be
upon, or transported in escape proof enclosures to, pr. property which the animals' owner or the person who has a rig1 control the animal, owns or has a right to possess or use. other transportation is prohibited unless authorized by
Department.
(e) EXCEPTIONS. Subdivisions (a), (c) , and (d) of section do not apply to:
I
1. Small birds that attain an adult weight I fifteen (15) pounds, small rodents that attaj adult weight under ten (10) pounds, 1
invertebrates, amphibians or reptiles except the following reptiles: all crocodilians (C Crocodilia); all boa and python species (Fz Boidae) that attain an adult weight over fif
(15) pounds or an adult length over three and half (3-1/2) feet; and all monitor lizard spe
(Family Varanidae) that attain an adult weight ten (10) pounds or an adult overall length three (3) feet.
Legally operated zoos or circuses or to recogr
institutions of learning or scientific ress unless by reason of inadequate caging or c means ,of protection of the public from animals, or by the ineffectiveness of sanita
measures, or by a particular hazard connected the animal(s) involved, animal or public hea safety or welfare will be endangered.
(f) IXPOUNDMENT AND/OR ABATEXR?T The Department may img
and/or abate any animal held in violation of this section
relocate or dispose of it in a humane manner or impose spec reasonable conditions and restrictions for the maintenance of animal(s) At least three (3) working days Prior to
impoundment and/or abatement, the owner shall be served a notic his/her right to a Departmental hearing as to whether the animz being held in violation of this section. If the Owner reWes hearing prior to impoundment and/or abatement, no impound
and/or abatement shall take place until the conclusion of hearing except as provided herein.
necessary for the preservation of animal or public health, saf
or welfare or if the animal has been impounded under 0
provisions of law, the pre-impoundment hearing may be dispe
2.
/ If, '-7 in the opinion of the Department, immediate impoundmer
.
a e
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1 with; however, in such cases, the owner shall be given three working days notice of his right to a hearing as to whether a animal was being held in violation of this section.
If a hearing is requested, the animal shall not be disposed
prior to satisfaction of the hearing requirements. A finding a hearing that grounds exist for the impoundment and/or abatement
the animal, or the failure of the owner and/or custodian to re- a hearing or the failure to attend or be represented at a schedl hearing, shall satisfy the hearing requirements and the ani shall be impounded and/or abated. If, at the conclusion o 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, Divisio: Title 1 of this Code.
(9) VIOLATION. Any person who violates any provision of section or who fails to comply with any condition or restric
imposed pursuant to subdivision (f) is guilty of a misdemeanc
Sec. 62.682. PUBLIC NUISANCE.
(a) GENERAL PROVISIONS. The introduction, possessio. maintenance of any animal, or the allowing of any animal or ai
premises to be in contravention of this chapter or any othei relating to or affecting animals is in addition to bei violation, hereby declared to be a public nuisance.
The Department, the Health Officer, the County Veterin and peace officers, are hereby authorized, directed and dpo to summarily abate any such public nuisance independently o
criminal prosecution 02 the results thereof by any means reaso necessary including but not limited to the destruction ol animal or animals involved, or by the imposition of SPE
reasonable conditions and restrictions for the maintenance c animal(s) and/or the animal premises. The restriction!
conditions may include, but are not limited to:
Obtaining and maintaining liability ins1 in the amount of one hundred thousand dc
($100,000) and furnishing a certifica proof of insurance by which the Depa: shall be notified at least ten (10) days
to cancellation or non-renewal;
2. Requirements as to size, constructic design of enclosure;
3. Location of the animal's residence;
4. Requirements as to type and meth restraints of the animal;
1.
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a
5. Photo identification or permanent mrking the animal for purposes of identification;
6. A requirement to obtain a public nuisa
registration in addition to any lice required under Section 62.620 of this cod€
Requirements to allow inspection of the an: premises, and/or the animal and its enclosi
by the Department or any other law enforce1 agency, and to produce upon demand, pro01
compliance with all requirements of 1 section;
8. A requirement to alter any dog which has found at large three or more times; and,
9. Payment of a reasonable fee to recover costs of the Department in verif compliance and enforcing the provision: this section.
7.
Failure to comply with such conditions and restrictions misdemeanor.
The Department may also commence proceedings in accort with the Uniform Public Nuisance Abatement Procedure contain< Chapter 2, Division 6, Title 1 of this Code.
(b) NOTIFICATION OF RIGHT TO HEARING. At least fivc working days prior to the impoundment and/or abatement, de or custodian of recordzshall be served a notice of their rig a hearing to determine whether grounds exist for such irpoUn and/or abatement. If the owner or custodian of record rcque hearing prior to impoundment and/or abatement, no 4our and/or abatement shall take place until the conclusicm o
hearing except as noted in subdivision (c).
(c) IMMEDIATE IMPOUNDMENT, When, in the opinion o Department, immediate impoundment is necessary for the presen
of animal or public health, safety or welfare, or if the admi been imp0Und.d under other provisions of law, the pre-hpotll hearing shall be waived.
shall be wed -a notice allowing five (5) working days to r an abatement hearing. If a hearing is requested, the anhal not be disposed of prior to satisfaction of the h requirements.
A finding at an abatement hearing under subdivision (b)
that grounds exist for the impoundment and/or abatement 1 animal, or the failure of the owner and/or custodian to req hearing or the failure to attend or be represented at a scl
hearing, shall satisfy the hearing requirements and the shall be impounded and/or abated,
However, the owner or custodian of
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3 (a) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. The ow
and/or custodian of a public nuisance animal who moves or sells animal(s) , or otherwise transfers the ownership, custody
residence of the animal(s) , shall at least ten (10) days prior the sale or transfer, inform the Department in writing of the na address and telephone number of the proposed nev 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 anima
record, and the terms and conditions for maintenance of the anin The owner and/or custodian shall also provide the Department k 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 SI notify the Department no later than twenty four (24) hc thereafter and, upon request, produce the aniaal(s)
verification. If the animal escapes, the owner and/or custoc shall notify the Department and make every reasonable effort recapture it. Any person who violates any provision of I subdivision is guilty of a misdemeanor.
(e) POSSESSION UNLAWFUL. It is unlawful to have custody own or possess an animal regulated as a public nuisance unles: is restrained or confined to prevent it from being at largdor 1
causing damage to any property or injury to any person. Any pel who violates any prot'ision of this subdivision is <y c misdemeanor.
(f) SURRENDER OF ANIMAL UPON DEMAND. The owner anc custodian of an animal regulated as a public nuisance SI
surrender such animal to the Department upon demand.
Any person who violates any provision of subdivisions (a), (e), or (f), of this section is guilty of a misdemeanor.
Sec. 62.683. INJURIES AND COMMUNICABLE DISEASES. No pe: shall knowingly harbor or keep any dog or other animal wit serious injury or afflicted with mange, ringworm, distemper or
other contagious disease, unless such dog or other an-1 is the opinion of the Department or the County Veterinarian, b given adequate treatment for such disease. The Department or
County Veterinarian may take immediate possession of any animal not being so treated or which is not responding to treatment, and immediately dispose of the animal unless the o
shall forthwith place such animal under the control and treat of a licensed veterinarian. Any person who violates any provi
of this section is guilty of a misdemeanor.
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9 Sec. 62.684. HEARINGS.
(a) All hearings required pursuant to this article shal. conducted by an employee designated by the Director who shall
have been directly involved in the subject action. Hearings s' be held not more than thirty (30) days from the date of receip the request for the hearing and shall be conducted in an info manner consistent with due process of law. A hearing ma] continued if the hearing officer deems it necessary and prope if the owner or custodian shows good cause. The design employee shall render a brief written decision which shall be f
except as otherwise provided herein. The failure to condul hearing required by this article shall have no bearing on criminal prosecution for violation of any of the provisions of
article.
(b) To call and ex2 witnesses; to introduce exhibits; to cross-examine oppc witnesses on any matter relevant to the issues even though matter was not covered in the direct examination; to impeacf. witness regardless of which party first called the witnelc
testify; and to rebut the evidence against the party. IJ owner/custodian does not testify in his/her own behalf, owner/custodian may be called and examined as if under c examination.
The hearing need not be conducted according to tech
rules relating to evidence and witnesses. Any relevant evi shall be admitted if it is the sort of evidence on responsible persons are accustomed to rely in the conduc serious affairs, regardless of the existence of any contm& 1
statutory rule which might make improper the admission of evidence over objectid in civil actions. Hearsay evidence n used for the purpose of supplementing or explaining any c evidence but shall not be sufficient in itself to support a fj unless it would be admissible over objection in civil actions
rules of privilege shall be effective to the same extent tha' are now or hereafter may be recognized in civil action irrelevant and unduly repetitious evidence shall be excludec
In any case where the hearing officer determines '
Dangerous Dog declaration shall be issued and/or that an abal remedy shall be imposed, the owner of the animal(s) in quc shall be 8Uvad a written notice that he/she may, within fk
working days, apply for a departmental administrative review record. Such application for review shall be in writing and
briefly set forth the reasons why the owner believes thi decision is not proper.
The departmental review of the record shall be conduc the Director personally or by a designated employee who sha have been directly involved in the subject action and who sha be junior in rank to the hearing officer.
Each party shall have these rights:
(c)
(d)
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, 6:
9 The effect of a hearing decision to abate an anima destruction shall be stayed while a departmental administri review is pending or until the time period for applying for review has expired. There shall be no stay of the effect decision of a hearing in which a Dangerous Dog declaratic issued and/or a condition for the continued ownership of the a]
is imposed.
If a departmental administrative review is requested, review of the record shall extend to the questions whethex Department has proceeded without, or in excess of its autho: whether there was a fair hearing; and whether there was
prejudicial abuse of discretion. Abuse of discretioi established if the Department has not proceeded in the m( required by law, the decision is not supported by the finding the findings are not supported by substantial evidence in lig the whole record.
At the conclusion of the administrative review, the indiv
reviewing the record may uphold, modify, or rescind the decisi
the hearing officer, or may order the reconsideration of the The individual reviewing the record shall prepare a brief wr report concerning his/her review of the case.
If a decision by the hearing officer to abate an animi destruction is upheld by the individual reviewing the record owner/possessor shall be served a written notice that he/shl
apply for a writ of mandate or other order from Superior within five (5) working days to contest the decision. disposition of the animal shall be stayed while an appez pending or until the time for filing such appeal has expiked
Sec. 62.685 . PRSTECTION DOGS/OPERATORS. A protectioi operator as defined in Section 7521 of the California Busines Professions Code shall, in addition to state code requirem
register their name and file a copy of their state identific card with the Department. Such notification shall be Mile more than fifteen (15) days from receipt of state identific
card. In addition to compliance with the state codes, prote dog operators shall notify the Director prior to, but not more fifteen (15) days before the placement of a protection dc assignment, A aprotection dog" as defined in Section 7521 o
California Business and Professions Code means "any dog train guard, protect, patrol or defend any premises, area or yard, c
dog trained ta protect, defend or guard any person or Propert1 or without the necessity of direct human supervision". In add
to state code requirements, the sale, transfer or use "Dangerous Dog" as defined in Section 62.601(1) for protectic
purposes is prohibited. Any person who violates any provisi this section is guilty of a misdemeanor.
U
62.700 'LI 0 0 , 4 9-86
* CHAPTER 7
(Chapter 7, VACCINATION, Section 62.701 repealed and
readopted by Ord. No. 2041 (N.S.) Eff. 5-3-60) (Chapter
7 repealed by Ord. No. 4188 (N.S.) Eff. 11-29-73) (New Chapter 7, ANIMALS IN VEHICLES, Sections 62.700-62.701, added by Ord. No. 7177 (N.S.) Eff. 9-4-86)
ANIMALS IN VEHICLES
Sec. 62.700. TRANSPORTATION OF ANIMALS. No person shall transport or carry, on any public highway or public roadway, any animal in a motor vehicle unless the animal
is safely enclosed within the vehicle or protected by a
cab or container, secured cage, cross-tether, harness or
other device that will prevent the animal from falling fx
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 adverse
affect the animal's health or welfare.
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