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HomeMy WebLinkAbout1993-07-13; City Council; 12311; ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCEc. x * ' & % z I- O g a 6 z 3 0 0 P A .f CIT~F CARLSBAD - AGEN~ BILL AB # lJjL TITLE: ADOPTION OF COUNTY ANIMAL CONTROL D MTG. POL REGULATIONS BY REFERENCE C DEPT. 7-/3-p3 C RECOMMENDED ACTION: Receive public testimony and adopt Ordinance No. NS-244 amending San Diego County Code by reference. ITEM EXPLANATION: The agreement between the City of Carlsbad and the County of San Diego for the provision of animal control services requires that the City adopt the San Diego 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 ordin2 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 adc 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 l spay/neuter deposit requirements. A certified copy of the adopted County code will be kept on file in the City Clerk's 0' for public inspection. FISCAL IMPACT: None. EXHIBITS: 1. Ordinance No. @-d#y. 2. Copy of "Explanation of Proposed Amendments" prepared by San Diego Count] 3. Copy of San Diego County Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7, as amended effective April 1,1993, provided by San Diego Cou 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 36 17 18 l9 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF SECTION 7.08.01 0, TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH RABIES, ANIMAL CONTROl AND REGUI ATIONS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 7, Chapter 7.08 of the Carlsbad Municipal Code is amended by the amendment of Section 7.08.010 to read as follows: II 8.01 0 Adorsted bv reference, Title 6, Division 2, Chapters 6 and 7 of the San Diego County Code of Regulatory Ordinances, as amended through April 1, 1993, relating to rabies, animal control and regulation is adopted by reference and incorporated as part of this code, except that wherever the provisions thereof refer to a county of San Diego board, territory, area, agency, official, employee or otherwise, it shall mean the corresponding board, territory, area, agency, official, employee or otherwise of the city, and if there is none, it shall mean that the county is acting -in the same capacity on behalf of the city." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Sun within fifteen days after its adoption. I - " Lb 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1, e INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad city Council on the 15th day of JUNE , 1993, an thereafter PASSED AND ADOPTED at a regular meeting of the City Cou of the City of Carlsbad on the 17th day of JULY 1993, by following vote to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY &. 0. L RONALD R. BALL, City Attorney 7*,c*c3 ATTEST: Li-QAJ&d- ALETHA L. RAUTENKRANZ, City Clerk ! EXHl -, e e -h EXPLANATION OF PROPOSED AMENDMENTS: NOTE: Several minor language and format changes have bel proposed throughout the chapter, including rl alphabetizing some definitions and correspondi references. VICIOUS/DANGEROUS DOGS A number of proposed amendments relate to the regulation dangerous dogs. 1. The reference to Vicious Dogsta would be changed to 'IDangero Dogsta. This change more correctly defines dogs that a regulated as a result of certain behavior and avoids the u of what some people believe is an ttoffensivett label. 2. The term ttAttacktt has been defined for clarification. T existing clause Itthe disposition, tendency, or propensity attack, bite, or otherwise cause injurytt would be delete These amendments would help to avoid any vagueness which m be associated with this language. 3. The definition of ttDangerous Animal" has been revised a retitled as ttPotentially Dangerous Animaltt. This chan helps establish a more progressive regulation of animals whi have demonstrated a risk of harm, and would allow for t expiration of the designation under certain circumstances. 4. The definition of IaSubstantial Injurytt is added to define t extent of injury which is referred to in added Secti 62.601(1). 5. Section 62.674 re1atin.g to ttDangerous Dogstt would be amend to clarify hearing procedures. The amended language wou require the Department to serve notice of intent to declare dog a t*Dangerous Dogta and provide specific information pri to commencement of such proceedings. 60 Section 62.684 currently provides for departmental hearing This amendment would permit an owner of a "Dangerous Dog" 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, und certain circumstances involving a conviction of a person f violation of specified sections, to order forfeiture animals for proper disposition and/or to limit or prohibit t ownership, possession, custody, or control of an animal for to three years. When utilized by the court, this correct1 measure would prevent certain convicted persons fr maintaining the same or similar animals and continuing jeopardize animal or public health, safety, and welfare. 0 0 -I SPAYINEDTER DEPOSIT REQUIREMENTS 1. Section 62.679 relating to the return of impounded animz 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 b! 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, thousand2 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) ow1 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 explainingtheir responsibili 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 peric sixty days to six months tends to encourage a dela: scheduling the surgery and often results in neglecl avoidance of this requirement. This subsection woul amended to require altering within one month for E animals, or by the time a puppy or kitten reaches seven mc of age. Reducing the allowable time period would sen promote compliance with the altering requirement. This amendment would also allow for exemptions for hc considerations and for animals which have been previc altered. 3, Section 62.680(f) relating to altering deposit forfei would be amended by clarifying the purposes for whicl forfeited deposits shall be used, in conformance with law. * m -L VOLDNTlARY CAT LICENSES 1. Section 62.625 is added to permit the Department to is: voluntary cat licenses. A valid rabies vaccination would required before the issuance of a cat license. Cats arc major factor of our pet overpopulation problem and presen growing rabies control concern. Nearly half of all anim, impounded by the Department are cats but less than two percl (2%) of these animals are claimed. This added section would encourage the vaccination t altering of cats as well as provide the availability 01 uniform system of identification for these animals. Department's fee resolution would also be amended to incl a separate fee for such licenses and would provide a fi percent (50%) or greater reduction in cost for altered ca 2. Section 62.680(a) would also be amended to provide foi longer holding period for impounded licensed cats (to conf with the longer holding period for impounded licensed d and) to allow owners additional time to claim their lost pe I e 0 EXHIB -L ORDINANCE NO. (NEW SERIES) (Effective i AN ORDINANCE REPEALING THE EXISTING AND ADOmINi REVISED CHAPTER 6, DIVISION 2, TITLE 6, OF THE S- D: COUNTY CODE OF REGULATORY ORDINANCES RELATING TO AN: CONTROL. The Board of Supervisors of the County of San Diego do or1 as follows: Section 1. Chapter 6 of Division 2 of Title 6 of the San D County Code is hereby repealed and readopted to read as follo CIIAPTER 6 ANIMAL CONTROL ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS Sec. 62.601. DEFINITIONS. For the purposes of this che (a) "ALTEREDn for a female means having had the ovarie: the following definitions shall apply: uterus surgically removed; an ovariohysterectomy. male means having had the testicles surgically removed. (b) "AMBIENT TEpERATIJREn means the temperature surrou the animal. (c) "ANIMAL" shall include but not be limited to b fishes, reptiles, and non-human mammals. (d) "AT LARGE" means being on any private property wi permission of the person who owns or has a right to possess c the property; or unrestrained by a leash on either public prop unless expressly permitted by law, or private property open t public; or in any place or m~er which presents substantial of imminent interference with animal or public health, safe welfare. (e) mATTACKm means any action by an animal which pla person in reasonable apprehension of immediate bodily harm. (f) "BOARD OF SUeERV?SORS" means the County of San r Board of Supervisors. (a) "CAT" means a Felis domesticus of either sex, alte unaltered. "Altered" ,- b. 0 0 -4 (h) (i) "COUNTYgf means the County of San Diego. NCOUNTY ANIMAL SHELTERfg means a premises selected I Director of Animal Control as a suitable facility fol requirements of this chapter. (j) NCOUNTY VETERINARIANtf means the County of San I Veterinarian, his/her agents or deputies. (k) nCURB1t means to so restrain or control an animal tl urinates or defecates only in the street gutters. (1) NDANGEROUS DOGN means a dog which: (1) has twice within a 48-month period atti bitten, or otherwise caused injury to a 1 engaged in lawful activity; or (2) has once attacked, bitten, or otherwise t injury to a person engaged in lawful act. resulting in death or substantial injury; or (3) has been declared a nVicious Dogr or nDanc Dogn by the Department pursuant to Section I of this chapter. A IfDangerous Dogn within the meaning of this section sh deemed a public nuisance and shall be subject to the provisi this Code relating to Dangerous Dogs and public nuisances fl (m) NDEPARTMENTw,-means the County of San Diego, Departm Animal Control, its agents or deputies. (n) "DIRECTOR" means the County of San Diego, Dired Animal Control, his/her agents and deputies. (0) "DOG" means a Canis familiaris of either sex, alte unaltered; or any other member of the Canis genus if owned, or harbored. "DOG LICENSE" means a properly completed certifi issued by County or other official dog licensing agency, inc the dog owner's name, address, and telephone; the dog's na description, including breed, color, sex, day if known, mon year of birth; rabies vaccination date; license tag numbc expiration date. the dog license application form issued by County. rabies certificate it must show: remainder of its life. / (p) (q) "DOG LICENSE APPLICATION - RABIES CERTIFICATE FORMv To sen (1) The dog owner@s first and last name, addres telephone; .I 0 0 '-4 (2) The dog's name and description, including br color, sex, day if known, month and year of bi (3) The type, lot number, and manufacturer of rabies vaccine; (4) The date of vaccination; (5) The signature of the veterinarian who vaccir the dog or other signature authorized by him/k (r) "HEALTH OFFICERgg means the County of San Diego, Hc Officer, his/her agents or deputies. (s) ggIMPOUNDED ANIMAL" means any animal in the custoc control of the Department as provided in this chapter. (t) ItINDOOR HOUSING FACILITYtt means any structur building, housing or intended to house animals, which ha: capability of controlling the environment within the encl created by the continuous connection of a roof, floor, and with at least one opening for entry and exit that is provided a door or any movable structure used to close off the openin typically consisting of a panel of wood, glass, metal, etc., slides on rollers or swings on hinges: provided, however, thc openings which provide natural light shall be covered w transparent material, e.g., glass, plastic, etc. (u) gtKENNEL1l means any lot or adjacent lot(s), 0: building (s) , structure (s) , enclosure (s) or premises on the- si adjacent lot(s), wherein a total of seven or more dogs, four 8 of age or over, are ke7t or maintained for any purpose by a 7 as defined in Section 12.115 of this Code including, bu limited to, any agency organized or operated for the welfi animals. The term g8kenne119 shall not include an animal SI operated or established by the Department or a veterinary hoi operated by a veterinarian licensed by the State of Califor. "'KENNEL OPERATORgg means any person who owns, contrc operates a kennel or any person who is responsible for t participates in the control or operation of a kennel. (w) "LEASHn means any rope, leather strap, chain or material not exceeding six feet in length, being held in th of a person capable of controlling and actually controlli animal to which it is attached. (x) "LICENSE TAGtt means a piece of metal or other c material inscribed with a date and number which has been is: County or other official dog licensing agency. (y) '*LICENSED DOGgt means a dog wearing its curre license tag as required by this chapter. (v) I e 0 -* (2) lQOUTDOOR HOUSING FACILITYf1 means any structure building, housing or intended to house animals which does not the definition of "indoor housing facility." (aa) "OWNERff means any person who is the legal owner, kec harborer, possessor or the actual custodian of an ani Ownership is also established by a person registering as the t on a license or other legal document or by a person who clail be the owner or custodian and who takes possession or custody animal. (bb) lf POTENTIALLY DANGEROUS ANIMAL" means : (1) any animal of a species or type likely to (2) 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 subdit 62.601(gg), to a person engaged in lawful actj (cc) nPRIMARY ENCLOSURE" means any structure use immediately restrict an animal or animals to a limited amoi space, such as a room, pen, run, cage, or compartment, exclus any kennel house. (dd) llREGISTERED OWNER" means a person registered as the on a dog license or a person claiming ownership of an imp1 animal and taking possession of it. (ee) nSANITIZEn means to make physically clean and to and destroy, to the ,:maximum degree that is practical, injurious to animal or human health. / (ff) nSTRAYn means an animal which is nAt Larget8. (gg) "SUBSTANTIAL INJURY" means a substantial impairn the physical condition of a person which requires profed medical treatment, including, but not limited to, lr consciousness; concussion; bone fracture; protracted 1 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 ap currently valid antirabies vaccine, and wearing a cum( license tag indicating proof of such vaccination. (ii) "WILD ANIMAL" means any animal which is not n domesticated in the United States including, but not limj any lion, tiger, bear, non-human primate (monkey, chin etc.), wolf, cougar, ocelot, wild cat, skunk, raccoon, venomous reptile, boa, python, anaconda, members of th + 0 0 -. 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 cc with any of the mandatory requirements of this Chapter is will an infraction, except as set forth in subdivision (b). (b) Any person who violates any provision of the Unj 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), 62.66 62.669, 62.669.1, 62.669.5, 62.672, 62.673, 62.674(d), 62.67 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 convictioi guilty of a misdemeanor. (c) Notwithstanding the foregoing, in cases allegi violation of Section 62.610, 62.669, or 62.672 the prosecuto 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 Se 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 F disposition, and/or may limit or prohibit the owner possession, control, CT custody of any animal of the species j subject action and/or other animals for a period of up to thrc years, if the court deems such action as reasonably necessa ensure animal or public health, safety, and welfare. (d) (e) Sec. 62.603. FEES. (a) Fees shall be charged and collected by the Departmei dog licensing and for other animal control services enforcement, Such fees shall be collected by County persom deputized personnel and dteposited in the County treasury. fees shall be established by the Board or Supervisors. The owner of any animal which is lawfully impounded sha all fees and expenses related to such impoundment includinc not limited to, impound, board, vaccination, examination, a1 medical treatment fees for the animal, whether or not the ani claimed. (b) A list of currently approved fees shall be filed wi Clerk of the Board of Supervisors of the County of San Die( shall be available for public inspection. e e .i (c) Fees shall be paid when due unless the Direct0 accordance with Department policy, authorizes a payment arran? or waives such fees in full or in part. Specified fees may be deferred subject to the conditic the Department policy, if the owner claims an economic hardsl the lack of ability to pay the fees when due, provides satisf; evidence of personal identification, and agrees to pay the within a thirty (30) day period. An owner claiming an economic hardship in paying the fec submit an application for waiver on forms provided b Department. The forms shall be executed under penalty of p and contain a declaration as to the truthfulness and correctn the information contained therein. Upon submittal of the com forms, the fees may be waived if no disqualifying conditio set forth in the Department policy, exist. The Department ma waive fees if necessary in order to accomplish the protect animal or public health, safety or welfare or if the owner pr satisfactory evidence that he/she was not at fault fc violation or incident which led to the Department action an such action was not justified. Sec. 62.604. SERVICE OF NOTICES. Notices requii this chapter shall be served as provided herein except as 0th provided by law. Service of such notices shall be deemed t been completed upon personal delivery or: (a) Upon deposit of such notice addressed to thr or his/her agent at the last known address,, United States mail postage prepaid; or In the ‘case of notices required by Sections € 62.681, 62.682, or 62.684, upon deposit o notice addressed to the owner or his/her as the last known address, in the United State as certified mail postage prepaid. Sec. 62.605. SEVERABILITY. If any provision or cla this Chapter or application thereof is held invalid, invalidity shall not offset other provisions or applicati this Chapter which can be given effect without the : provision or application, and to this end the provisions c Chapter are declared to be severable. -1 * (b) ARTICLE 2 RABIES PROVISIONS I Sec. 62.610. VACCINATION REQUIRED. Any person OW having custody of a dog, shall obtain a rabies vaccination f dog they own, keep, harbor, or have custody of, within thir days after it becomes four months of age, or within thir 0 0 ', .< days after obtaining any dog over four months of age. It sh( unlawful for any person(s) to own, keep, harbor, or possess have in his or her care, charge or custody, any dog five mon age or over unless such dog has a current and valid vaccination administered by any duly qualified and lit veterinarian, with a rabies vaccine approved by the Cali Department of Health Services for use in dogs. Such vacci shall be repeated at intervals specified by the Cali Department of Health Services in order to maintain ad immunity. Such persons shall retain the rabies certificatl inspection by any person responsible for enforcing the prov of this chapter. Any person who violates any provision o section is guilty of a misdemeanor. Sec. 62.611. VACCINATION AND LICENSING CLINICS. Department shall provide or arrange for rabies vaccinatic licensing clinics to be held at various locations where dog may obtain the required rabies vaccinations at the applicabl Sec. 62.612. CERTIFICATE OF VACCINATION. Any veteri who vaccinates a dog for rabies shall certify such vaccinat properly completing, as provided in Section 62.601(q), the 1 application - rabies certificate form issued by County fo purpose and shall forward monthly to the Department a copy c form so completed. Sec. 62.613. EXEMPTION FROM RABIES VACCINATION ILLNESS. Notwithstanding any other provisions of this ch,aF dog need not be vaccinated for rabies during an illnese licensed veterinarian >as examined the dog and certified in k that such vaccination'should be postponed because of a spe 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 vali for the duration of the illness. Exemption from vaccinatic 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 symptoms of or which acts in a manner which would lead to a reas suspicion that it may have rabies, shall notify the Departme] County Veterinarian, or the Health Officer and compl! appropriate laws and regulations regarding suspected ca rabies as directed by the Department, the County Veterinarj the Health Officer. Any person who violates any provision ( section is guilty of a misdemeanor. 0 0 .C Sec. 62.615. REPORTING OF BITES. (a) All persons bitten and the parents or guardians of m children bitten by a dog, Cat, skunk, fox, bat, coyote, bobcat other animal of a species subject to rabies shall notify Department or the Health Officer as soon as possible thereaf Physicians treating such bites and other persons having knowledge of such bites shall also be required to make notification. (b) Any person owning or having custody or control of a or other animal of a species subject to rabies which bit6 person, shall notify the Department or the Health Officer as as possible thereafter. Any person who violates any provisic this subdivision is guilty of a misdemeanor. Sec. 62.616. ISOLATION OF SUSPECTED RABID ANIMALS. Upor order of the Department, the County Veterinarian, or the HE Officer, a suspected rabid animal shall be isolated in st confinement under proper care and under the observation I licensed veterinarian in an animal shelter, veterinary hospita: other adequate facility in a manner approved by the Department, County Veterinarian, or the Health Officer, and such animal I not be killed or released for at least ten days after the onsf symptoms suggestive of rabies unless permission is obtained the Department, the Health Officer, or the County VeterinariE sacrifice the animal for the purpose of laboratory examinat Any person who violates any provision of this section is mi14 a misdemeanor. Sec. 62.617. ISOLATION OF BITING ANIMALS. Upon the ordl the Department, the Comty Veterinarian, or the Health Officer dog, cat, skunk, fox; bat, coyote, bobcat or other animal species subject to rabies which bites or otherwise exposes a p' to rabies may be impounded and shall be isolated in s' confinement in a place and manner approved by the Department County Veterinarian, or the Health Officer and observed fc least fourteen days after the day of infliction of the bit other exposure, and until examined and released by the Depart] the County Veterinarian, or the Health Officer. Dogs and shall be so isolated and observed for at least ten days afte: day of infliction of the bite or other exposure, and until exa: and released by the Department, the County Veterinarian, 01 Health Officer. Notwithstanding the foregoing, the following alternati permitted at the discretion of the Department, the C Veterinarian, or the Health Officer. Dogs or cats which have isolated in strict confinement under proper care and observation of a licensed veterinarian in an animal she veterinary hospital, or other adequate facility in a II approved by the Department, the County Veterinarian, or the H Officer, may be released from isolation by the Department County Veterinarian, or the Health Officer after five da, I I 0 0 .\ veterinary observation if upon conducting a thorough phyz examination on the fifth day or more after infliction of the or other exposure, the observing veterinarian certifies that t are no clinical signs or symptoms of any disease. Notwithstanding all of the foregoing provisions, Department, the Health Officer, or the County Veterinarian authorize, with permission of the owner if known, the euthanas a biting animal for the purpose of laboratory examination. person who violates any provision of this section is guilty misdemeanor. Sec- 62.618- ANIMALS POSSIBLY EXPOSED TO RABIES. Any ai of a species subject to rabies which has been bitten by a I rabid or suspected rabid animal, or which has been in int contact with such an animal shall be isolated in strict confinc in a place and manner approved by the Department, the C1 Veterinarian, or the Eealth Officer and observed for a peri six months or destroyed. Notwithstanding the foregoing, the following alternati permitted in the case of dogs and cats. If the dog or cat has vaccinated against rabies at least thirty days prior tc 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 and manner approved by the Department, the County Veterinaria the Health Officer and observed for a period of thirty following revaccination. Any person who violates any provisj this section is guiltlTof a misdemeanor. Sec. 62.619. PAYWENT OF FEES AND EXPENSES. The owner c animal which is isolated under the provisions of this article pay all fees and expenses related to the isolation including not limited to, the bpoundment, confinement, quarantine, L 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, 1 tourists or visitors who stay less than thirty (30) days with unincorporated area of San Diego County or any city in whit Departaent 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 iE months old. Such persons must possess the license at the ti dog is five months old or thirty (30) days after obtainj 0 0 -\ bringing any dog over four months of age into the unincorpor area of San Diego County or any city in which the Depart provides licensing or animal control services. Such persons shall renew the dog license before it expire: as long as they own, possess, keep, harbor, or otherwise custody of the dog. If renewal is not required, such persons 5 within thirty (30) days after the expiration date advise Department of the reason therefore. (b) Any dog which is legally impounded according tc provisions of this chapter and does not have a valid dog licen the time of release shall be presumed to be a dog which, pric impounding, required a Department issued dog license, regardle such dog's actual age or owner's place of residence. (c) Upon presentation by the dog owner of a pro completed dog license application form including proof tha rabies vaccination will be valid throughout the license perioc payment of the proper license fee, and if applicable, a late the Department shall issue a dog license and license tag. Th owner shall retain the dog license for inspection by any F responsible for enforcing the provisions of this chapter; (d) Licenses shall be valid for a term not to excee maximum immunity duration periods specified for the various of canine rabies vaccines approved by the California Departmr Health Services and must be renewed prior to the expiration t term by the payment of the current effective fee for each rei The dog owner shall securely affix the current 1: tag to the collar or l-,%rness of the dog for which the liceni was issued and shall ensure that the dog wears such license * all times except when the dog is being exhibited at a dog SI A license tag issued for one dog shall not be trans No unauthorized person shall remove a license tag 1 (e) (f) (9) or attached to any other dog. collar or harness or remove the collar or harness bearing su from a dog. (h) Whenever a license tag is lost or damaged, the shall apply for and obtain a replacement from the Departmen payment of the prescribed fee. Sec. 62.622. TRANSFER LICENSE. Owners of dogs ha current license issued in their name by another dog lic agency may be issued a County dog license upon payment applicable transfer fee. Such persons must possess a Depz issued dog license within thirty (30) days of bringing the dr the unincorporated area of San Diego County or any city i1 the Department provides licensing or animal control service 0 0 .* rabies vaccination for any such dog must be valid for the du of the license issued. Sec. 62.623. CHANGE OF ADDRESS. The address of the ow presumed to be the address where the dog is kept. Any chal address must be reported to the Department of Animal Control 1 thirty (30) days following such change. Sec. 62.624. CHANGE OF OWNERSHIP. (a) Whenever the ownership of a licensed dog changes, t owner shall apply for and obtain a change of ownership licens the Department and pay the applicable fee. Such person3 possess the license within thirty (30) days of acquiring currently licensed by this Department. (b) Dog owners or the parent or guardian of minor ch who sell or otherwise change the ownership or custody of shall within thirty (30) days thereafter inform the Departm the name, address and telephone of the new owner and the na description of the dog. ARTICLE 4 SHELTERS Sec. 62.630. ESTABLISHMENT OF ANIMAL SHELTERS. The Di of Animal Control shall, with the approval of the Boe Supervisors, establish as many animal shelters tbroughm County as he/she shall determine to be necessary 'fo performance of his/her;duties. Sec. 62.631. ESTABLISHMENT OF ANIMAL DISPOSAL FACIL The Department shall establish at the County Animal Shel' humane procedure for euthanasia of animals. The Department m 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, certifyin! he/she has the right to request disposal of such animal, 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 aninr 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 perm of the owner, if known, the euthanasia of a biting animal f purpose of laboratory examination. _- - * e ., ARTICLE 5 KENNELS Sec. 62.641. KENNEL LICENSING PROCEDURES. It shal: unlawful for any person(s) to operate a kennel, as define Section 62.601(~) of this code, within the unincorporated art San Diego County or any city in which the Department pro7 animal control services without first having obtained a ke license therefor. Procedures for kennel license applicat: renewals, denials, suspensions, revocations, hearings, and appc except as otherwise herein provided, shall be the same as thost forth in the Uniform Licensing Procedure (Sections 16.101-16 of this Code. Kennel licenses shall expire one year from the date of . unless the Department selects a different expiration. In such the kennel license fee shall be prorated. Any kennel which is found by the Department to be unsan or a menace to animal or public health, safety or welfart declared to be a public nuisance. The Department is authorize empowered to take such action as is necessary to abate nuisance. In the event that immediate action is necessai preserve or protect animal or public health, safety or welfare Department is authorized and empowered to summarily abate nuisance by any reasonable means including, but not limit, impoundment of the animal (s) and/or immediate closure of the k for such time until the nuisance is abated. In such case, heqrings shall be provided in accordance Sec. 16.113 and/or Sec, 62.678 of this Code. Otherwise Department shall inaugurate proceedings in accordance provisions of the Unif om License Procedure. The Departmen also commence proceedings in accordance with the Uniform E Nuisance Abatement Procedure contained in Chapter 2, Divisi Title 1 of this Code. / Sec. 62.642. XENNEL LICENSE STANDARDS. (a) ACKNOWLEDGEMENT OF STANDARDS. A copy of the appl: standards will be supplied to the applicant with each reque8 an application for a kennel license, and the applicant acknowledge receipt of such standards and agree to Comply Wit and to allow inspections at reasonable times by signin application form, applicant or kenneloperatormustdemonstratethathis/her pr and any facilities or equipmentused in his/her kennel COmpl the standards set forth in this article. In addition, applicant or kennel operator shall correct any deficiencies within a reasonable time specified by the Department. Pla (b! DEMONSTRATION OF COMPLIANCE WITH STANDARDS. 0 0 .\ 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 premi facilities, and equipment available for the purpose of ascertal compliance with said standards, (c) CONDITIONS AND RESTRICTIONS. The issuing officer issue a kennel license under any conditions and restrictions F he/she deems necessary for the protection of animal and/or pt health, safety, or welfare, and may specify such conditions restrictions on the kennel license. addition to the reasons stated in the Uniform Licensing Procc 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 locatior the appropriate planning/zoning Department o has not obtained any necessary permit(s) fo operation; or Any person whose kennel license has been suspe for the period during vhkh 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,iad during whicbthe order of suspensj 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 re7 or any partnership, firm, corporation, or legal entity in which any such person substantial financial interest for a period year fromthe effective date of such revocati if a revocation has been stayed, until ont from the expiration of the stay; or Any person who fails to comply with any pro of this Article. (a) ADDITIONAL REASONS FOR DENXAL OF APPLICATION. 1. 2. 3. 4. 5. I 'T @ 0 -< Sec. 62.645.1. FACILITIES, GENERAL. (a) STRUCTURAL STRENGTH. Indoor and outdoor hoi facilities shall be structurally sound and shall be maintaint good repair, to protect the animals from injury, to c0ntai.r animals, and to restrict the entrance of other animals. Crate boxes, automobile bodies, scrap materials salvaged from plybo; odd pieces of material such as linoleum, tin, canvas and other materials are not suitable and shall not be used. planning/zoning requirements and be of suitable sturdy mat anchored solidly to the ground in such a manner to prevent an from escaping by digging under the fence and of sufficient h to prevent animals from escaping. If necessary, to accomplis intent of containment, a -over over the fenced area sha: installed. (c) WATER AND ELECTR- ?OWER. Reliable and adequate el€ power, if required to comply with other provisions of this Art and adequate potable water shall be available. (d) STORAGE. Supplies of food and bedding shall be st01 facilities which adequately protect such supplies a$ infestation or contamination by vermin. Refrigeration shz provided for supplies of perishable food. (e) WASTE DISPOSAL. Provisions shall be made for the r( and disposal of animal and food wastes, bedding, and dl Disposal facilities shall be so provided and operated minimize vermin infestation, odors, and disease hazards. ’ (f) WASHROOMS MtD SINKS. Facilities, such as wash basins, or sinks, shall be provided to maintain cleanliness animal caretakers. (b) FENCING. Any fencing shall be in conformance I_ Sec. 62.645.2. FACILITIES, INDOOR. (a) HEATING. Indoor housing facilities shall be warm to protect the animals from cold. Sufficient clean 1 material or other means of protection shall be provided wk ambient temperature falls below that temperature to which an is acclimated. (b) VENTILATION. Indoor housing facilities sha adequately ventilated to provide for the health and Comfort animals at all times. Such facilities shall be provided wit air either by means of windows, doors, vents, or air condi. and shall be ventilated so as to minimize drafts, odor moistcre condensation. Auxiliary ventilation, such as exhau and vents or air conditioning, shall be provided when the temperature is 85 degrees Fahrenheit or higher, within the housing facility. 0 a -1. (c) LIGHTING. Indoor housing facilities shall have a light, by natural or artificial means, or both, of good quality well distributed. Such lighting shall provide unifo 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 surfacer indoor housing facilities shall be constructed and maintaine that they are substantially impervious to moisture and mal readily sanitized. (e) DRAINAGE. A suitable method shall be provided to ray eliminate excess liquid from indoor housing facilities. If dz 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 i 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 5 be provided with access to shelter to allow them to remail (c) SHELTER FROY,COLI) 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. (a) DRAINAGE. A suitable method shall be provided to ra Sec. 62.645.4. GENERAL REQUIREMENTS FOR PRIMARY ENCLOS during rain or snow. ./ eliminate excess liquid. Primary enclosures must be provided for all animals and conform to the following requirements: (a) Primary enclosures shall be structurally sounc 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. I (b) 0 1) .. (c) Primary enclosures shall be constructed and maintai that the animals contained therein have convenient access to food and water. The floors of the primary enclosures shall be const] (d) so as to protect the animals' feet and legs from injury. SeC. 62 . 645.5. ADDITIONAL GENERAL REQUIREMENTS FOR p] ENCLOSURES HOUSING CATS. (a) In all enclosures having a solid floor, a rece] containing sufficient clean litter shall be provided to CI excreta. (b) Each primary enclosure shall be provided with a resting surface or surfaces which, in the aggregate, shall adequate size to comfortably hold all occupants of the p enclosure at the same time. Such resting surface or surfaces be elevated in primary enclosures housing two or more cats. (c) Not more than twelve (12) adult cats shall be hou the same primary enclosure. enclosures must be large enough so that the animals in thl obtain adequate exercise. Any separate kennel houses u! sleeping quarters must provide sufficient space to all01 animal to turn about freely, stand easily, sit and lie comfortable normal position. It is unlawful to keep any ani a primary enclosure or kennel house that does not provide pd space as required by this Article. LDITIONAL SPACE REQUIREMENTS FOR DOGS Sec. 62.645.6. GENERAL SPACE REQUIREMENTS. P Sec. 62.645.7. (a) A primary enclosure shall never house more than (b) Passageways into kennel houses shall allow easy (12) dogs of any size. for all dogs housed in them. Any dog confined to a kennel which does not meet the space requirements for a primary enc shall be provided access to its primary enclosure after n than twelve (12) hours for sufficient time to allow ad exercise. (c) Any primary enclosure(s) and/or kennel house1 kennels which were not licensed on September 11, 1986, and completed or installed in any kennel after September 11, shall meet the following space requirements. 0 0 -. WEIGHTOFDOG MINIMUM SPACE REQUIREMENT IN POUNDS PRIMARY ENCLOSURE KENNEL HOUSE WIDTH SQ FOOT Up to 15 2.0' 6.0 1.5' 3.0 Over 15 2.5' 10.0 2.0' 5.0 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.( Over 13 0 4.0' 32.0 3.5' 14 . If a primary enclosure or kennel house contains xiore tha dog the minimum number of square feet required is the sum o square feet requirenents for each individual dog kept therei Sec. 62.645.8. FEEDING. Animals shall be provided food which shall be free contamination, wholesome, palatable, and of sufficient quanti1 nutritive value to meet the normal daily requirements fo condition and size of the animal. Food receptacles shall be accessible to all animal shall be located so,;hs 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. Disposablc 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 with the principles o animal husbandry unless restricted for veterinary care. Wai receptacles shall be kept clean and shall be sanitized at once every two weeks. WIDTH SQ FOOTAGE to 35 to 65 to 95 to 130 (a) ./ (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 I to prevent contamination of the animals contained therein ( reduce disease hazards and odors. is used for cleaning, any animal contained in the enclosure When a hosing or flushing 0 0 .. be protected during the cleaning process, and adequate meas shall be taken to protect the animals in other such enclosures being contaminated with water and other wastes. Rugs, blankets other bedding material shall be kept clean and dry. empty primary enclosures previously occupied, such enclosures s be sanitized in the manner provided herein. Enclosures shal sanitized often enough to prevent an accumulation of debri excreta, or a disease hazard, provided, however, that enclosures shall be sanitized at least once every two weeks ii following manner: Cages, rooms and hard-surfaced pens or shall be sanitized by washing them with hot water (180 dec Fahrenheit) and soap or detergent or by washing all soiled sur: with a detergent solution followed by a safe and effective d fectant, or by cleaning all soiled surfaces with live steam. or runs using gravel, sand, or dirt shall be sanitized by rem4 the soiled gravel, sand, or dirt and replacing it as necessa: (c) HOUSEKEEPING. Premises (buildings and grounds) sha kept clean and in good repair in order to protect the animal injury and to facilitate the prescribed husbandry pract Premises shall remain free of accumulations of trash. (d) PEST CONTROL. An effective program for the contr insects, ectoparasites, and avian and mammalian pests sha established and maintained. Sec.62.645.11. EMPLOYEES. A sufficient number of caret shall be utilized to maintain the standards set forth)n section. Sec. 62.645.12. ChSSIFICATION AND SEPARATION. Animals 1 in the same primary enclosure shall be maintained in compz groups, with the following additional restrictions: (a) Females in season (estrus) shall not be housed : same primary enclosures with males, except for breeding puq (b) Any animal exhibiting a vicious disposition sha housed individually in a primary enclosure. (c) Puppies or kittens shall not be housed in tha primary enclosure with adult dogs or cats other than their except when the owner specifically requests they be together. Dogs shall not be housed in the same primary enc with cats, nor shall dogs or cats be housed in the same F enclosure with any other species of animals unless the specifically requests they be housed together. Animals under quarantine or treatment for a commu~ disease shall be separated from other animals and other SUSC~ (b) SANITIZING. Prior to the introduction of animals .a (d) (e) 0 0 .\ species of animals in such a manner as to minimize disseminatic such disease. Animals with substantial injuries shall als separated from other animals. Sec. 62.645.13. RECORDS. The kennel operator shall available for inspection on the premises a record that shall the name, current address and telephone number of the owner of animal kept at the kennel, the description of the animal, inclL its age (if known) or approximate age, breed, sex and color. part of such record, a current valid rabies certificate or c written proof of vaccination, verified by phone, shall maintained for each dog required to be vaccinated by this Char showing the dog owner’s name, address, and telephone; the t name and description, including breed, color, sex, month and of birth; the date of vaccination; and the name and telephoi 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 kenne can identify each animal in the kennel, except that animals ‘ 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 individua licenses imposed by this chapter for each dog in his/her kenne which the kennel license is obtained; however, each kennel ope shall ensure that each dog in his/her kennel is vaccinate required by this chapter. Sec. 62.647. KENNEL INSPECTION. Because of the net adequately protect animals within kennels from unhealthy condi and practices and the interests of society in curb’inq preventing inhumane practices, reasonable inspection require dictate that Departmeni officers shall have the right to inspa 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 violates 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 condj and/or restrictions of the issued kennel license, shall be gl 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 1 license irrespective of the pendency of any criminal proceec and prior to the initiation thereof. 0 0 .* ARTICLE 6 CONTROL PROVISIONS SeC. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATI( (a) In any prosecution involving an animal chargi violation of any provision referred to in Section 62.661 of Code, proof by the People of the State of California that particular animal described in the complaint was found in viol of any provision of said sections, together with proof tha' defendant named in the complaint was at the time of the a1 violation the owner of the animal, shall constitute prima evidence that the owner of the animal was the person respon for the violation of said provisions involving said an However, for the purpose of this section proof that a person i owner of said animal is not prima facie evidence that he/sh violated any other provision of law. (b) The presumption created by this section shal nullified when the person charged has made a bona fide sa transfer and has complied with the requirements of Section 6; or Section 62.674 for a *'Dangerous Dog", prior to the date c alleged violations and has advised the court of the nam address of the purchaser, and of the date of sale. Sec. 62.661. ENFORCEMENT PROVISIONS. (a) The Department, each agent or deputy thereof w assigned to duties which include the enforcement of- i regulation laws and any peace officer are responsible for ehfc the provisions of thia,.Chapter, Sections 16.101 through 16.: this Code, Section 148 of the California Penal Code, and ai relating to or affecting animals of the State of Californi: County of San Diego or any city in which the Department prc animal control services. enforced by the Department, and California Penal Code Sectia shall not be operative. The Health Officer and each agent or deputy there is assigned to duties which include the enforcement of control and sanitation laws are responsible for enforcing S 148 of the California Penal Code and the following provisi this chapter: California Penal Code Section 597.1 shall be operative (b) (1) Article 2 (commencing with Section 62.610). (2) Sections 62.665, 62.667, 62.668(d) and (e), E The County Veterinarian and each agent or deputy t 62.672, 62.674, 62.675, 62.681, 62.682. (c) who is assigned to duties which include the enforcement . '0 0 .' provisions of the California Food and Agricultural Code relati the health and sanitary surroundings of livestock, poultry, rabbits are also responsible for enforcing Section 148 of California Penal Code and the following provisions of this C (1) Chapter 1 (commencing with Section 62.101 (2) Sections 62.610; 62.614; 62.616; 62.617; 62 62.646; 62.665; 62.667; 62.668(c), (d) and 62.672; 62.681; 62.682; and 62.683 of this cha Each of the individuals referred to in subdivisions (b) and (c) hereof shall cooperate to attain compliance wit shall take appropriate action in the case of any violatioi those provisions which they are responsible to enforce. Sec. 62.662. ARREST AND CITATION. Each of the indivi referred to in Section 62.661 shall have the power to make ar without warrant in the manner prescribed in Section 836.5 o California Penal Code, for violations of those provisions of chapter and of state law which he/she has a duty to enforce a issue citations for such violations. Any person so arreste does not demand to be taken before a magistrate may inste cited in the manner prescribed in Chapter 5C (commencing Section 853.5) of Title 3, Part 2 of the California Penal Cc Sec. 62.663. Dog license violations: Dismissal on prc correction; False or fictitious information. 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 the form that the charge shall be disn on proof of correction unless a disqualifying condition a forth in subdivision (b) exists. If the arrested person pres by mail or in person, proof of correction as prescribed herej 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 k 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: Division 2, Title 6. (a) (a) (1) Evidence of fraud. (2) The person has been charged within the past 01 year period with a violation of Section 62.6: (3) The violation involves a dog which has attl bitten, or otherwise caused injury to a perso e e 1' which otherwise presents an immediate si hazard. (4) The person does not agree to, or cannot, pro1 (c) Any person who signs a Certificate of Correction w false or fictitious name or who presents as evidence of corre false or fictitious information is guilty of a misdemeanor. Sec. 62.664. AGREEMENTS - RULES AND REGULATIONS. Fo: purpose of performing their duties under this chapter Department or the County Veterinarian may, with approval o Board of Supervisors, negotiate agreements, and shall promu such rules and regulations as they may deem proper and neces Sec. 62.665. INVESTIGATIONS. The Department, the C Veterinarian, the Health Officer, and any peace officer, may private property to investigate reports of dangerous dogs, ra or other contagious animal diseases, and to investigate pos violations of and enforce the provisions of this Chapter, Sec 16.101 through 16.115 of this code, Section 148 of the Calif Penal Code, and any law relating to or affecting animals a State of California, the County of San Diego or any city in the Department provides animal control services. Sec. 62.667. EPIDEMICS. Either the Health Officer c County Veterinarian may determine and declare that an epider other unusually dangerous health situation exists among the ai in the County. Upon the making of such a declaration the 1 Officer or the County Veterinarian shall prepare and promu with the approval of ;-the Board of Supervisors, such rule regulations as are necessary for the conduct of all persons 1 the area where the dangerous condition exists. These rulc regulations may include, but are not limited to, quarai vaccination, and destruction of diseased, exposed or stray a: by humane methods. It shall be the duty of the Departmenl County Veterinarian, and the Health Officer to cooperate : enforcement of such rules and regulations. Sec. 62,668, CONDITIONS OF ANIMAL OWNERSHIP. Animal or keepers must comply with the following conditions of ownership, and the Department or the County Veterinarir require as a condition of licensing such owners or keepers t permit or license applications agreeing to comply wit€ conditions: Animals shall be restrained or confined as requi law. Animals shall be humanely treated at all times. required by law. correct the violation. (a) (b) (c) Vaccinations, licenses, and permits shall be obta 0 0 .x (d) Animal premises shall be kept sanitary and shall constitute a fly breeding reservoir, a sourcl offensive odors or of human or animal disease. (e) Animals and animal premises shall not be permittc disturb the peace or constitute a public nuisanc hazard. Any person who violates any provision of subdivisions ( (e) of this section is guilty of a misdemeanor. Sec. 62.669. RESTRAINT OF DOGS REQUIRED. Any person o or having custody or control of a dog shall at all times pr the dog from being "At Large", within the meaning of Section 6 (d) of this Code, and from being in violation of other provi of law. However, dogs may be unrestrained by a leash assisting their owners in legal hunting, in the herdin livestock as permitted by law, or on public property wit1 written permission of, and for purposes authorized by, the a responsible for regulating the use of such property; so lo such dogs are under direct and effective voice control to e that they are not in violation of any other provision of law. section does not apply to dogs assisting peace officers performing law enforcement duties. Any person who violate provision of this section is guilty of a misdemeanor. Sec. 62.669.1. PUBLIC PROTECTION FROM DOGS. Any p owning or having custody or control of a dog shall at all prevent the dog from attacking, biting, or otherwise causing i to any person engaged in a lawful act; from interfering wit 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 ha right to possess or use the private property. Any perso violates any provision of this section is guilty of a misdeme Sec. 62.669.5. PROTECTION DOG, DANGEROUS DOG, OR POTEN'I (a) Any person owning or having custody or control DANGEROUS ANIMAL. I*Protection Dog'' as defined in Section 7521 of the Calif Business and Professions Code, "Dangerous Dog", or tlPotentially 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 E engaged in lawful activity and the owner or custodian kn should have known of the llProtection Dog" status of the dog, the geDangerousn or "Potentially Dangerous" nature of the ani (b) This section does not apply to animals used in mil or police work while they are actually performing in that cap2 Sec. 62.670. COMMITTING NUISANCE. No person shall a] dog in his/her custody to defecate or to urinate on any prc 0 0 .\ other than that of the owner or person having control of the It shall be the duty of all persons having control of a dog tc such dog and to immediately remove any feces to a p receptacle. Disabled persons while relying on a seeing hearing, or service dog shall be exempt from this section. owning or having custody or control of a female dog in s (estrus) shall securely confine such dog within an enclosure manner that will prevent the attraction of male dogs tc immediate vicinity. Sec. 62.672. DISTURBING THE PEACE PROHIBITED. No E shall own or harbor an animal in such a manner that the pea quiet of the public is unreasonably disturbed. The keepi maintenance, or the permitting to be kept or maintained, a premises owned, occupied, or controlled by any person of any E or fowl which, by any frequent or long continued noise, shall unreasonable annoyance or discomfort to any person of I sensitivity in the vicinity shall constitute a violation of section; provided, however, that nothing contained herein shi construed to apply to reasonable noises emanating from le operated veterinary hospitals, humane societies, anbal she: farm and/or agricultural facilities, or areas where keepi animals or fowls are permitted. Any person who violate provision of this section is guilty of a misdemeanor. Sec. 62.673. INHUMANE TREATMENT AND ABANDONMENT. No ] shall treat an animal in a cruel or inhumane manner or willin( negligently cause or permit any animal to suffer unnecc torture or pain. No person shall abandon any domesti& i without care on any public or private property. Any persc violates any provision'of this section is guilty of a misdemc Sec. 62.674. DECLARATION AND POSSESSION OF DANGEROUS 1 (a) GENERAL PROVISIONS. Sec. 62.671. FEMALE DOGS IN SEASON (ESTRUS) . my p 1. If the Department has cause to believe that a a "Dangerous Dog" within the meaning of 62.601(1) (1) or (< may commence proceedings as provided herein. 2. The Department shall first serve, upon the and/or custodian, notice of intent to declare the dog a "Dan Dog" . custodian of the incident(s) that provide a basis fa Department's action, and specify that he/she may request a h within five (5) working days to determine whether grounds exi such declaration; the potential consequences if such a decla is issued; and the Department's authority for such action. 3. The notice shall inform the dog mer 0 0 4, Failure of the owner and/or custodian to reque hearing pursuant to subdivision (3), or failure to attend 0: represented at a scheduled hearing, shall satisfy the hea requirements and shall result in the issuance of a "Dangerous declaration. 5, A finding at the hearing that the dog does within subdivisions (1) or (2) of Section 62.601(1) shall resu! the issuance of a "Dangerous Dog" declaration. The Department is hereby authorized and empowerc impound and/or abate any "Dangerous DogBt independently of criminal prosecution or the results thereof by any means reasor necessary to ensure the health, safety and welfare of the p~ including, but not limited to, the destruction of the dog or b] imposition upon the owner and/or custodian specific reasor restrictions and conditions for the maintenance of the dog. restrictions and conditions may include, but are not limited Obtaining and maintaining liability insu: in the amount of one hundred thousand do ($100,000) and furnishing a certif icat proof of insurance by which the Depar shall be notified at least ten (10) days to cancellation or non-renewal; 6. a. b. Requirements as to size, construction design of enclosure; c. Location of the dog's residence; ,f d. Requirements as to type and methol rgstraints and/or muzzling of the dog; e. Photo identification or permanent marki the'dog for purposes of identification; f. A requirement to obtain a "Dangerous registration in addition to the lj required under Section 62.620 of this c( g. A requirement to alter the dog; h. Requirements to allow inspection of tk and its enclosure by the Department c other law enforcement agency, and to p: upon demand, proof of compliance wit requirements of this section; and, i. Payment of a reasonable fee to recow costs of the Department in ver compliance and enforcing the provisic this section. I e/ 0 0 -. The Department may also commence proceedings in accord with the Uniform Public Nuisance Abatement Procedure contain€ Chapter 2, Division 6, Title 1 of this Code, working days prior to the impoundment and/or abatement, the ( or custodian of record shall be served a notice of their rig1 a hearing to determine whether grounds exist for such impounc and/or abatement. If a hearing is requested, the impounc and/or abatement hearing may be held in conjunction with hearing provided for in subdivision (a) of this section. I owner or custodian of record requests a hearing prio impoundment and/or abatement, no impoundment and/or abatement take place until the conclusion of the hearing except as not subdivision (c) . (c) IMMEDIATE IMPOUNDMENT. When, in the opinion ol Department, immediate impoundment is necessary for the preserv of animal or public health, safety or welfare, or if the do been impounded under other provisions of law, the pre-impour hearing shall be waived; however, the owner or custodian of r shall be given a notice allowing five (5) working days to rc an abatement hearing. If a hearing is requested, the dog shal be disposed of prior to satisfaction of the hearing requiren A finding at an abatement hearing under subdivision (b) I that grounds exist for the impoundment and/or abatement of thl or the failure of the owner and/or custodian to request a hc or to attend or be represented at a scheduled hearing, satisfy the hearing requirements and the dog shall be imp( and/or abated. (d) CHANGE OF OWihSHIP, CUSTODY AND/OR RESIDENCE. The and/or custodian of a "Dangerous Dog" who moves or sells the or otherwise transfers the ownership, custody or residence dog(s) , shall at least ten (10) days prior to the sale or tra inform the Department in writing of the name, address and tel number of the proposed new owner or custodian, and/or the pr new residence, and the name and description of the dog(s) Department may prohibit the proposed transfer for cause. The owner and/or custodian shall, in addition, notify 2 owner or custodian in writing regarding the details of the record, and the tenus and conditions for maintenance of th The owner and/or custodian shall also provide the Departmer a copy thereof containing an acknowledgment by the new OY custodian of his/her receipt of the original and acceptance terms or conditions. The Department may impose differ additional restrictions or conditions upon the new ow custodian. In the event of the dog's death, the owner and/or CUI shall notify the Department no later than twenty four (24 thereafter and, upon request, produce the dog for verificatj (b) NOTIFICATION OF RIGHT TO HEARING, At least five / 0 0 .. 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 qui1 a misdemeanor. (e) POSSESSION UNLAWFUL. It is unlawful to have custod own or possess a "Dangerous Dogt* within the meaning of Sel 62.601(1) , unless it is restrained, confined, or muzzled so th cannot bite, attack or cause injury to any person. Any perso violates any provision of this subdivision is guilty misdemeanor. (f) DECLARED DANGEROUS DOG. It shall be unlawful fo: owner and/or custodian of a dog declared to be a "Dangerous Do fail to comply with any requirements or conditions imposed pur to subdivision (a) (6). Any person who violates any provisi this subdivision is guilty of a misdemeanor. (9) SURRENDER OF DOG UPON DEMAND. The owner and/or cust of a IIDangerous Dogfv, within the meaning of 62.601(1), surrender such dog to the Department upon demand. Any person who violates any provision of subdivisions (e), (f) , or (g) of this section is guilty of a misdemeanor. Sec. 62.675. COMPLAINTS. Upon receiving a complaint f person alleging a violation of this chapter or any othei relating to or affecting animals, an investigation to dete whether a violation exists may be made. If the investig discloses a violation of this chapter, prosecution may be init against the owner. Complainants' identities shall %e confidential to the extent permitted by law. 4 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 an 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 tc private property of its owner or the person who has a rig control the dog, but in such case a citation may be is provided, however, that if in such a situation the owner or 1 who has a right to control the dog is not home, the dog II 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, address telephone number of the agency or person to be contacted reg; I e 0 release of the dog, and an indication of the ultimate dispos of the dog if no action to regain it is taken within a spec period of time by its owner or by the person who has a rig1 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 surrender the animal to the Department upon demand. No such a1 shall result in a charge against the County. The finder 0: animal at large shall use reasonable care to preserve it injury; however, he/she shall not be held liable if the a dies, escapes or injures itself while he/she is carrying ou provisions of this section. Sec. 62.677. RELINQUISHING AN ANIMAL. Any persor relinquishes an animal to the Department shall give his/her address and, if he/she is not the owner, the location wher animal was found. (b) Sec. 62.678. NOTIFICATION OF OWNER - RIGHT TO HEARING. impoundment of an animal wearing a license tag, or identific listing the owner's name and address, the Department immediately mail or personally deliver to the owner of rec notice that the animal is in the custody of the Department. The notice shall include a statement that the owner may k five (5) working days request a hearing as to the legality c impoundment. If requested, the hearing shall be held within f-iv working days of the date of the request. The time during whic animal shall not be dikposed of other than by return to the shall be extended until the conclusion of the hearing. If L conclusion of the hearing the impoundment is found t unjustified, the animal shall be returned to the owner wj charge. If the animal is returned to the owner prior t hearing, any fees other than vaccination or licensing fees pz the owner to the County as a result of an unjustified hpou: 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 say cl, prior to other legal disposition by providing : identification, meeting all requirements, and paying the appl redemption fees. Effzctive 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 redemptio as established by resolution. Such altering deposit shz refundable upon proof that the animal has been altered licensed veterinarian within thirty (30) days of the rede date unless the animal is under six (6) months of age at th 0 e of redemption. In such cases, the deposit shall be refundable proof that the animal has been altered by a licensed veterina by the time the dog is seven (7) months of age. Such alte 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 ap should not be altered, or that, in the professional judgemer the veterinarian, the animal has previously been altered, The Deposit required by this section shall be forfeited tc 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 a1 control services, See. 62.680. HOLDING PERIOD, DISPOSITION AND ALTERING. (a) The Department shall hold an impounded lost or stra for not less than three (3) working days if it was not wear license tag when impounded and for not less than five (5) wo days if it was wearing a license tag, other identification, o Department has other reason to believe that an owner exist: 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 impc lost or stray cat for not less than five (5) working days if 5 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 transfei new owner, upon payment of the applicable fee, any impounded i not claimed by its owner or custodian within the prescribed hr period. A dog wearing a license tag when impounded, or relinquished by its owner, shall not be transferred for the pi of medical research without the written consent of the < Animals relinquished by their owners may be destroy6 transferred to a new owner without regard to any prescribed hc period. Injured or diseased animals may be humanely des1 without regard to the prescribed holding period in ord alleviate suffering or to protect other impounded animal: 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 thz approved medical research, unless the cost of altering such has been deposited with the Department to be refunded presentation of proof of altering by a licensed veterinaria Private citizens and Humane Society representatives ma] an adoption hold on dogs or cats. Citizen holds wil. 7 (b) (c) . a e precedence over Humane Society holds. The Department will nc 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 the citizen boll be destroyed. (d) The Director day waive the altering deposit requiri for a State chartered Humane Society when that Society a1 animals under the following conditions: (1) The Humane Society will care for and mai custody of such dogs or cats for adoption by public in a licensed kennel until such animal adopted or destroyed. (2) The Humane Society shall, at its own ex (subject to potential reimbursement from adopting person), alter all such dogs or cat require the adopting person to alter the a within the period specified in (e) and mi necessary deposit to be refunded directly t depositor upon presentation of proof of alter: any licensed veterinarian. (3) The Humane Society shall not knowingly allok to be adopted by a private party or busines guard dog purposes. This provision doe2 include adoption for the purpose of law enforc service . The Humane Society will pay the prevailing 1 adoption fee and the cost of all vaccinatioi veteririary care provided €or the animal L: Department. The individual adopting any cat or dog under the te subdivision (c) or (d) shall have the altering performed ’ thirty (30) days from the date of adoption unless the ani] under six (6) months of age at the time of adoption. In such the individual shall have the altering performed by the ti! animal is seven (7) months of age. Failure to complete the s within the specified period or the transfer of ownership of or dog over six (6) months of age prior to altering, constitute a misdemeanor. This subdivision shall not apply to any person who obt written certification from a licensed veterinarian stating due to health considerations, the animal should not be altei that, in the professional judgement of the veterinarian, the has previously been altered. .I (f) The deposit required by subdivision (c) shz forfeited to the County if such proof of altering or b certification has not been presented to the Department witt (4) (e) . 0 e L. period specified in subdivision (e). All such forfeited depc shall be used for the purposes specified by Sections 3050: 31751 of the California Food and Agricultural Code. The Department may create by policy a SENIOR CITIZEN ADOPTION PROGRAM for San Diego County residents who are sixty years or older and who are qualified to adopt a dog or cat. Director may waive or adjust adoption, vaccination or altering established by the Board of Supervisors in conjunction with s program, provided that the animals involved shall be vaccinate rabies and shall be altered as required by law. (9) Sec. 62.681. WILD ANIMALS. (a) VENOMOUS REPTILES. It shall be unlawful for any p to own, possess or maintain any venomous reptile. (b) GENERAL PROVISIONS. It shall be unlawful for any p to own, possess or maintain any other wild animal unless h complies with all federal, state and local laws, regulations permit requirements affecting such animals. 1. Keep the animals at all times in cage enclosures of such size and constructio confined in such a manner as to preclude possibility of escape. Such cages, enclosure confinement shall be of such size as to permi animals reasonable freedom of movement; 2. Keep the cages or enclosures in a clear sanitary condition at all times; 3. Providey the animals with adequate food, % shelter, and veterinary care; 4. Keep the animal(s) in a manner so as nc threaten or annoy any person of normal sensiti (c) ADDITIONAL PROVISIONS. The owner shall, in additj 1. Take adequate safeguards to prevent unauthc access to the animals and to preserve anima public health, safety, and welfare. In the of an escape, immediately notify the Departme] make every reasonable effort to recapturc animal (s) ; 2. Upon request by the Department make hJ animal (s) , premises, facilities, equipment, ai necessary permit(s) available for inspectio provisions of this section; The owner shall /- I I f the purpose of ascertaining compliance wit I 0 w 3. Reimburse the Department for all costs incurrt enforcing the provisions of this section wh 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 rig control the animal, owns or has a right to possess or use. other transportation is prohibited unless authorized by Department. I (e) EXCEPTIONS. Subdivisions (a), (c) , and (d) of section do not apply to: 1. Small birds that attain an adult weight . fifteen (15) pounds, small rodents that atta adult weight under ten (10) pounds, invertebrates, amphibians or reptiles except the following reptiles: all crocodilians ( Crocodilia); all boa and python species (F Boidae) that attain an adult weight over fi (15) pounds or an adult length over three and half (3-1/2) feet; and all monitor lizard sp (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 recog institutions of learning or scientific res unless .by reason of inadequate caging or means ,of protection of the public from animals, or by the ineffectiveness of sanit measures, or by a particular hazard connected the animal(s) involved, animal or public he safety or welfare will be endangered. ( f ) IMPOUNDMENT AND/OR ABATEMENT. The Department may im and/or abate any animal held in violation of this sectioi relocate or dispose of it in a humane manner or impose spe reasonable conditions and restrictions for the maintenance a animal (s) At least three (3) working days prior tc impoundment and/or abatement, the owner shall be served a noti his/her right to a Departmental hearing as to whether the anin being held in violation of this section. If the owner reque hearing prior to impoundment and/or abatement, no impoun and/or abatement shall take place until the conclusion 0: hearing except as provided herein. If, in the opinion of the Department, immediate impoundme necessary for the preservation of animal or public health, sa or welfare or if the animal has been impounded under provisions of law, the pre-impoundment hearing may be disF 2. I '7 0 W with; however, in such cases, the owner shall be given threc working days notice of his right to a hearing as to whethei animal was being held in violation of this section. If a hearing is requested, the animal shall not be dispos prior to satisfaction of the hearing requirements. A finding hearing that grounds exist for the impoundment and/or abateme 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 schel hearing, shall satisfy the hearing requirements and the a shall be impounded and/or abated. If, at the conclusion hearing, the impoundment is found not to be justified, the a shall be returned to the owner without charge, The Departmen also commence proceedings in accordance with the Uniform P Nuisance Abatement Procedure contained in Chapter 2, Divisi Title 1 of this Code. (9) VIOLATION. Any person who violates any provision of section or who fails to comply with any condition or restri imposed pursuant to subdivision (f) is guilty of a misdemean Sec. 62.682, PUBLIC NUISANCE. (a) GENERAL PROVISIONS, The introduction, possessic maintenance of any animal, or the allowing of any animal or a premises to be in contravention of this chapter or any othe relating to or affecting animals is in addition to bej violation, hereby declared to be a public nuisance. The Department, the Health Officer, the County Veterin and peace officers, are hereby authorized, directed and ehpc to summarily abate any such public nuisance independently o criminal prosecution 02 the results thereof by any means reasc necessary including but not limited to the destruction o 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 insc in the amount of one hundred thousand dc ($100,000) and furnishing a certifica proof of insurance by which the Depar shall be notified at least ten (10) days to cancellation or non-renewal; 2. Requirements as to size, constructiol 3. Location of the animal's residence; 4. Requirements as to type and metha 1. design of enclosure; restraints of the animal; a W -, 5. Photo identification or permanent markin the animal for purposes of identificatior 6. A requirement to obtain a public nuis registration in addition to any lic required under Section 62.620 of this cod Requirements to allow inspection of the ar premises, and/or the animal and its enclos by the Department or any other law enforcc agency, and to produce upon demand, groc compliance with all requirements of 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 rec~vei costs of the Department in veri compliance and enforcing the provisior this section. Failure to comply with such conditions and restrictions misdemeanor. The Department may also commence proceedings in aaor 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 fivi working days prior to the impoundment and/or abatement, the or custodian of record shall be served a notice of their rig a hearing to determine<whether grounds exist for such hpur and/or abatement. If the owner or custodian of record rque hearing prior to impoundment and/or abatement, no hpotlr and/or abatement shall take place until the conclusion o hearing except as noted in subdivision (c). (c) IMMEDIATE IMPOUNDMENT. When, in the opinion a Department, immediate impoundment is necessary forthe preser of animal or public health, safety or welfare, or if the dm been impounded under other provisions of law, the pre-hpa hearing shall be waived. However, the owner or custodian of : shall be 8erved -a notice allowing five (5) working days to m an abatement hearing. If a hearing is requested, the anbal not be disposed of prior to satisfaction of the hi requirements . that grounds exist for the impoundment and/or abatement ( animal, or the failure of the owner and/or custodian to req hearing or the failure to attend or be represented at a sch hearing, shall satisfy the hearing requirements and the shall be impounded and/or abated. 7. A finding at an abatement hearing under subdivision (b) e W .. . (d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. The o and/or custodian of a public nuisance animal who moves or sells animal (s) , or otherwise transfers the ownership, custody residence of the animal(s), shall at least ten (10) days prio the sale or transfer, inform the Department in writing of the n address and telephone number of the proposed new owner custodian, and/or the proposed new residence, and the name description of the animal(s) . The Department may prohibit proposed transfer for cause, The owner and/or custodian shall, in addition, notify any owner or custodian in writing regarding the details of the anim record, and the terms and conditions for maintenance of the ani The owner and/or custodian shall also provide the Department a copy thereof containing an acknowledgment by the new owne custodian of his/her receipt of the original and acceptance of terms or conditions. The Department may impose differen additional restrictions or conditions upon the new ownel custodian. If the animal should die, the owner and/or custodian 2 notify the Department no later than twenty four (24) 1 thereafter and, upon request, produce the animal(s) verification. If the animal escapes, the owner and/or custc shall notify the Department and make every reasonable effoi recapture it. Any person who violates any provision of subdivision is guilty of a misdemeanor. (e) POSSESSION UNLAWFUL, It is unlawful to have custod own or possess an animal regulated as a public nuisance unle: is restrained or confined to prevent it from being at larqdor causing damage to any property or injury to any person. Any p' who violates any prov'ision of this subdivision is guilty misdemeanor. (f) SURRENDER OF ANIMAL UPON DEMAND. The omer a: custodian of an animal regulated as a public nuisance 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 p shall knowingly harbor or keep any dog or other anhl w serious injury or afflicted with mange, ringworm, distemper c other contagious disease, unless such dog or other anbtal i the opinion of the Department or the County Veterinarian, given adequate treatment for such disease. The Department c County Veterinarian may take immediate possession of any animal not being so treated or which is not responding to treatment, and immediately dispose of the animal unless the shall forthwith place such animal under the control and trez of a licensed veterinarian. Any person who violates any pro1 of this section is guilty of a misdemeanor. a 0 W Sec. 62.684. HEARINGS. (a) All hearings required pursuant to this article sha: conducted by an employee designated by the Director who shal: have been directly involved in the subject action. Hearings 2 be held not more than thirty (30) days from the date of recei] the request for the hearing and shall be conducted in an infa manner Consistent with due process of law. A hearing mz continued if the hearing officer deems it necessary and prop if the owner or custodian shows good cause. The desig employee shall render a brief written decision which shall be except as otherwise provided herein. The failure to condi hearing required by this article shall have no bearing 01 criminal prosecution for violation of any of the provisions of article. (b) To call and ex witnesses; to introduce exhibits; to cross-examine opy witnesses on any matter relevant to the issues even though matter was not covered in the direct examination; to impeac witness regardless of which party first called the witne testify; and to rebut the evidence against the party. I owner/custodian does not testify in his/her own behalf owner/custodian may be called and examined as if under c examination. (c) The hearing need not be conducted according to teck rules relating to evidence and witnesses. Any relevant ev: shall be admitted if it is the sort of evidence on responsible persons are accustomed to rely in the condu serious affairs, regardless of the existence of any comm& statutory rule which might make improper the admission 01 evidence over objectioh in civil actions. Hearsay evidence used for the purpose of supplementing or explaining any 1 evidence but shall not be sufficient in itself to support a f 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 actior irrelevant and unduly repetitious evidence shall be exclude Dangerous Dog declaration shall be issued and/or that an aba remedy shall be imposed, the owner of the animal(s) in qU shall be served a written notice that he/she may, within fi working days, apply for a departmental administrative review record. Such application for review shall be in writing anc briefly set forth the reasons why the owner believes th decision is not proper. The departmental review of the record shall be conduc the Director personally or by a designated employee who shz have been directly involved in the subject action and who sht be junior in rank to the hearing officer. Each party shall have these rights: (d) In any case where the hearing officer determines w 4 * . 4. .; J. The effect of a hearing decision to abate an anima; destruction shall be stayed while a departmental administra 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 declaratioi issued and/or a condition for the continued ownership of the an is imposed. If a departmental administrative review is requested, review of the record shall extend to the questions whether Department has proceeded without, or in excess of its author whether there was a fair hearing; and whether there was prejudicial abuse of discretion. Abuse of discretion established if the Department has not proceeded in the mz required by law, the decision is not supported by the findings the findings are not supported by substantial evidence in lig2 the whole record. At the conclusion of the administrative review, the indiv: reviewing the record may uphold, modify, or rescind the decisic the hearing officer, or may order the reconsideration of the c 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 animz destruction is upheld by the individual reviewing the record owner/possessor shall be served a written notice that he/shc apply for a writ of mandate or other order from Superior t within five (5) working days to contest the decision. disposition of the animal shall be stayed while an appea pending or until the time for filing such appeal has expiked Sec. 62.685. PRSTECTION DOGS/OPE.RATOIRS. A protectioi operator as defined in Section 7521 of the California Bushes 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 mailec 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 "protection dog" as defined in Section 7521 o California Business and Professions Code means "any dcpg train guard, protect, patrol or defend any premises, area or yard, c dog trained to protect, defend or guard any person or property or without the necessity of direct human supervisionn. In add to state code requirements, the sale, transfer or use "Dangerous Dog" as defined in Section 62.601 (1) f Or protectia purposes is prohibited. Any person who violates any provisi this so,ction is guilty of a misdemeanor. L c . a? ? 62.700 c- 6 8% 9-86 7 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 f 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. i - I * * e C>rlsbad S Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-485 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulatic published weekly in the City of Carlsbad, County of San Diego, State of California, and whic is published for the dissemination of local news and intelligence of a general character, and wl per at all times herein mentioned had and still has a bona fide subscription list of paying sub which newspaper has been established, printed and published at regular intervals in the Carlsbad, County of San Diego, State of California, for a period exceeding onc preceding the date of public notice hereinafter referred to; notice of which the annexed copy, has been published in and entire issue of said news] in any supplement thereof o ing dates, to-wit: NOTICE OF PUBLIC HEARING ADOPTION OF COUNTY June 24 ANIMAL CONTROL REGULATIONS BY REFERENCE NOTICE IS HEREBY GIVEN that the City Council of the City of Carl- sbad will hold a public hearing at the City Council Chambers. 1200 Carlsbad Village Drive. Carlsbad. California. at 6 00 P M .on Tuesday. July 13. 1993. to consider adopting. by reference. the amended San Diego County Code of Regulatory Ordinances for Rabies and Animal Control will be adopted by reference are on file in the Office of the City Clerk and are open to public inspeclion Applicant City of Carlsbad CJ 6052 June 24.1993 Copies of the Regulations which 7 CARLSBAD CITY COUNCIL I certify under penalty of perji foregoing is true and correct. Carlsbad, County of San Dieg the 24tl California on June, I day of - . --__ .., Y (. f 0 e c? e. NOTICE OF PUBLIC HEARING ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will I a public hearing at the City Council Chambers, 1200 Carlsbad Village Dr. Carlsbad, California, at 6:OO p.m., on Tuesday, July 13, 1993, to cons. adopting, by reference, the amended San Diego County Code of Regula’ Ordinances for Rabies and Animal Control. Copies of the Regulations which will be adopted by reference are on file in Office of the City Clerk and are open to public inspection. APPLICANT: City of Carl sbad PUBLISH: June 24, 1993 CARLSBAD CITY COUNCIL