HomeMy WebLinkAbout1996-10-01; City Council; 13834; San Diego County Animal Control RegulationsC’“v OF CARLSBAD - AGIYA BILL !a+
AB # 13;%3 y TITLE:
MTG.16~-1-46 ADOPTION OF COUNTY ANIMAL CONTROL CITY ATTY N2-
DEPT. POL REGULATIONS BY REFERENCE * CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No pls-381 at the first reading and set a public hearing for adoption of the amended San Diego County Code by reference on October 22, 1996.
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 County Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7 dealing with animal control.
On July 12, 1994, the San Diego County Board of supervisors adopted an ordinance amending portions of the County code related to animal control effective August 11, 1995. Therefore, Carlsbad Municipal Code Chapter 7.08 must be amended to adopt the newly amended provision of the County.
Most of the revisions involve non-substantive language and format changes. However, there are several amendments related to the maintenance of protection dogs and guard dogs for hire which are no longer adequately addressed in state law after certain state code sections were repealed in a deregulatory move by the state agency. The recent amendments to county code restore specific regulatory authority regarding protection dogs, guard dogs and guard dog contracts previously found in the now repealed state law.
F’ISCAL IMPACI?
None.
EXHIBITS:
1. Ordinance No. II/s -3&i.
2. Copy of “Explanation of Proposed Amendments.”
3. Copy of San Diego County Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7, as amended effective August 11, 1994.
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ORDINANCE NO. NS-381
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 7, CHAPTER 7.08 OF THE CARLSBAD
MUNICIPAL CODE, BY THE AMENDMENT OF SECTION
7.08.010, TO ADOPT BY REFERENCE THE RECENTLY
REVISED SAN DIEGO COUNTY CODE OF REGULATORY
ORDINANCES DEALING WITH RABIES, ANIMAL
CONTROL AND RFGUI 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:
7.08.010 Adopted by Reference,
Title 6, Division 2, Chapters 6 and 7 of the San Diego County
Code of Regulatory Ordinances, as amended through August 11, 1994,
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 a
newspaper of general circulation within fifteen days after its
adoption.
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.IWJTRODUCED AND FIRST READ at a regular meeting of Iho
Carisbtid, City Council on’ the -~g_t__~-, Ck)r Of __AGTDER .-,) -i%z% a& . .: . * a - .
thereafter . _ T. - '__
. . . . . :- % ;.‘! '.I. 1- r-e .- . . ..\ .
PASSE5 AIQD, ADC%3XXk3t a fegulaf meeting sf the City Cokmcil . . . r .- ,. - I _I -.’
of the’ City of ‘c&lsb&d‘ &n the _ 2+d my day of ~CTQBEF& 1996, by Chs
. . &- - . - _ ._. -. -
following vote to wit:
AYES: Council Members Lewis, Nygaard, KuLchin, E;'inn~.la, Ka3.1 _
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
o&&4 4Q&L
ALETHA L. RAUTENKRANZ, City Clerk/-
.
._
SUMMARY OF CHANGES
A significant portion of the revisions relate to nonsubstantive language and format changes, including re-alphabetizing some definitions and corresponding references. Since the minor changes are numerous, it is recommended that you adopt the current Chapter 6, .Division 2, Title 6, Of the San Diego County Code by reference in its entirety. (See strikeout/underline version of Chapter six for specific changes).
IVR REVISWS TO WT, CC-T, D
State code sections defining and regulating protection dogs and protection
dog operators were repealed in a deregulatory move by the state agency involved and were deleted from the code on January 1, 1994. It was therefore necessary to amend the existing County Code, which was tied to the deleted definitions. The amendments address compelling'public safety interests involved in the maintenance of protection dogs and guard dogs for hire which are no longer adequately addressed in state law.
In 1983 state law became effective regulating protection dogs and protection dog operators. The approach of the state was merely a licensing scheme. However, the state code provided public protection measures that were enforced on a local level.' County Code was amended to require, in . addition to the requirements of state law, that protection dog operators notify the department of the location where a dog was to be assigned. The
recent amendments to County Code restore specific regulatory authority
regarding protection dogs, guard dogs, and guard dog contractors previously
found in now repealed state law.
Protection dog, guard dog, and guard operator definitions are added, and
the definition section is reglphabetized. Guard dogs are distinguished
from protection dogs in that, whereas both may have been trained to guard
property, guard dogs are furnished on hire to a second party.
Amended to provide the same criminal sanctions for an owner of a guard dog or a protection dog (as redefined), as currently provided in the case of
a dangerous dog or potentially dangerous animal which attacks or injures a person not involved in lawful activity.
Amended to mandate similar notification,* restraint, identification, and
liability insurance requirements as were formerly provided by now repealed state law. Amendments also provide specific humane care standards for guard dogs. The amended County Code requires proof of compliance with Provisions directly related to the safe maintenance of a guard dog in the community.
EXHIBIT THREE -
ORDINANCE NO. 8422 (NEW SERIES), EFF. August 11, 199.4.
AN ORDINANCE REPEALING THE EXISTING AND ADOPTING A
REVISED CHAPTER 6 OF DIVISION 2 OF TITLE 6 OF THE SAN
DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO
ANIMAL CONTROL.
The Board of Supervisors of the County of San Diego do ordain
as follows:
Section 1. Chapter 6 of Division 2 of Title 6 of the San Diego
County Code is hereby repealed and readopted to read as follows:
CHAPTER 6
ANIMAL CONTROL
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS .
Sec. 62.601. DEFINITIONS. For the purposes of this chapter
the following definitions shall apply:
(a) "ALTERED" for a female means having had the ovaries and
uterus surgically removed; an ovariohysterectomy. "Altered" for a
male means having had the testicles surgically removed.
(b) "AMBIENT TEMPERATCTRE" means the temperature surrounding
the animal.
(‘2) "ANIMAL" shall include but not be limited to birds,
fishes, reptiles, and non-human mammals.
(d) "AT LARGE" means being on any private property without
permission of the person who owns or has a right to possess or use
the property; -or unrestrained by a leash on either public property,
unless expressly permitted by law, or private property open to the
public; or in any place or manner which presents substantial risk
of imminent interference with animal or public health, safety or
welfare.
(e) "ATTACK" means any action by an animal which places a
person in reasonable apprehension of immediate bodily harm.
(f) "BOARD OF
Board of Supervisors
SUPERVISORS" means the County of San Diego,
(9) "CAT" means a Felis domesticus of either sex, altered or
unaltered.
(h) "COUNTY" means the County of San Diego.
(i) "COUNTY ANIMAL SHELTER" means a premises selected by the
Director of Animal Control as a suitable facility for the
requirements of this chapter.
Cj) "COUNTY VETERINARIAN" means the County of San Diego,
Veterinarian, his/her agents or deputies.
(k) "CURB" means to so restrain or control an animal that it
urinates or defecates only in the street gutters.
(1) "DANGEROUS DOG" means a dog which:
(1)
(2)
(3)
has twice within a 48-month period attacked,
bitten, or otherwise caused injury to a person.
engaged in lawful activity; or
has once attacked, bitten, or otherwise caused
injury to a person engaged in lawful activity,
resulting in death or substantial injury; or
has been declared a "Vicious Dog" or "Dangerous
Dog" by the Department pursuant to Section 62.674
of this chapter.
A "Dangerous Dog" within the meaning of this section shall be
deemed a public nuisance and shall be subject to the provisions of
this Code relating to Dangerous Dogs and public nuisances for the
remainder of its life.
(m) "DEPARTMENT" means the County of San Diego, Department of
Animal Control, its agents or deputies.
(n) "DIRECTOR" means the County of San Diego, Director of
Animal Control, his/her agents and deputies.
(0) "DOG" means a
unaltered; or any other
or harbored.
Canis familiaris of either sex, altered or
member of the Canis genus if owned, kept,
.
(P) "DOG LICENSE" means a properly completed certification
issued by County or other authorized agency, including the dog
owner's name, address, and telephone number; the dog's name and
description, including breed, color, sex, day if known, month and
year of birth; rabies vaccination date; license tag number and
expiration date.
(9) "DOG LICENSE APPLICATION - RABIES CERTIFICATE FORM" means
the dog license application form issued by County. To serve as a
rabies certificate it must show:
(1)
(2)
(3)
(4)
(5)
The dog owner's first
and mailing address,
number;
and last name, street address
if different,, and telephone
The dog's name and description, including breed,
color, sex, day if known, month and year of birth;
The type, lot number, and manufacturer of the
rabies vaccine;
The date of vaccination; .
The signature, or an authorized signature, of the
veterinarian administering the vaccine.
(r) "GUARD DOG" means. .
(1) A "sentry dog" as defined in The Dog Act of 1969
(Health And Safety Code Section 25971).
(2) Any dog furnished for hire for use in guarding,
patrolling, or protecting any area, yard, or
premises, with or without supervision, to deter or
detain unauthorized persons. The term '~hire~~ shall
include, but not be limited to, the renting or
leasing of the services of a dog with or without a
_ dog handler, or the sale of a dog with an option to
repurchase.
(s) lvGUARD DOG OPERATORI* means:
(1) A "sentry dog company" as defined in The Dog Act of
1969 (Health And Safety Code Section 25974).
(2) Any person who furnishes a dog for hire for use in
guarding, patrolling, or protecting any area, yard,
. or premises, with or without supervision, to deter
or detain unauthorized persons. The term "hire"
shall include, but not be limited to, the renting
or leasing of the services of a dog with or without
a dog handler, or the sale of a dog with an option
to repurchase.
(t) "HEALTH OFFICER" means the County of San Diego, Health
Officer, his/her agents or deputies.
(u) "IMPOUNDED ANIMAL" means any animal in the custody or
control of the Department as provided in this chapter.
(VI "INDOOR HOUSING FACILITY" means any structure or
building, housing or intended to house animals, which has the
capability of controlling the environment within the enclosure
created by the continuous connection of a roof, floor, and walls
with at least one opening for entry and exit that is provided with
a door or any movable structure used to close off the opening and
typically consisting of a panel of wood, glass, metal, etc., which
slides on rollers or swings on hinges: provided, however, that any
openings which provide natural light shall be covered with a'
transparent material, e.g., glass, plastic, etc.
(w) "KENNEL" means any lot or adjacent lot(s), or any
building(s), structure(s), enclosure(s) or premises on the same or
adjacent lot(s), wherein a total of seven or more dogs, four months
of age or over, are kept or maintained for any purpose by a person
as defined in Section 12.115 of this Code including, but not
limited to, any agency organized or operated for the welfare of
animals. The term "kennel" shall not include an animal shelter
operated or established by the Department or a veterinary hospital
operated by a veterinarian licensed by the State of California.
(x) "KENNEL OPERATOR" means any person who owns, controls, or
operates a kennel or any person who is responsible for or who
participates in the control or operation of a kennel.
(Y) "LEASH" means any rope, leather strap, chain or other
material not exceeding six feet in length, being held in the hand
of a person capable of controlling and actually controlling the
animal to which it is attached.
(2) "LICENSE TAG" means a piece of metal or other durable
material inscribed with a date and number which has been issued by
the County or other authorized agency.
(aa) "LICENSED DOG" means a dog wearing its current dog
license tag as required by this chapter.
(bb) "OUTDOOR HOUSING FACILITY" means any structure or building, housing or intended to house animals which does not meet
the definition of "indoor housing facility."
(cc) "OWNER" means any person who is the legal owner, keeper,
harborer, possessor or the actual custodian of an animal.
Ownership is also established by a person registering as the owner
on a license or other legal document or by a person who claims to
be the owner or custodian and who takes possession or custody of an
animal.
(dd) "POTENTIALLY DANGEROUS ANIMAL" means:
(1) any animal of a species or type likely to cause
injury to a person; or
(2) any animal which has once within the prior 48-month
period attacked, bitten, or otherwise caused a less
severe injury than as defined in subdivision*
626Ol(gg), to a person engaged in lawful activity.
(eel "PRIMARY ENCLOSURE" means any structure used to
immediately restrict an animal or animals to a limited amount of
space, such as a room, pen, run, cage, or compartment, exclusive of
any kennel house.
(ff) "PROTECTION DOG" means any attack trained dog; any dog
trained to guard, protect, patrol, or defend any
premises, area or yard; or any dog trained to protect,
defend, or guard any person or property with or without
the necessity of direct human supervision.
(SW) "REGISTERED OWNER" means a person registered as the owner
on a dog license or a person claiming ownership of an impounded
animal and taking possession of it.
(hh) "SANITIZE" means to make physically clean and to remove
and destroy, to the maximum degree that is practical, agents
injurious to animal or human health.
(ii) "STRAY" means an animal which is "At Large".
Cjj) "SUBSTANTIAL INJURY" means a substantial impairment of
the physical condition of a person which requires professional
.
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.
medical treatment, including, but not limited to, loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; muscle tears,
disfiguring lacerations, or a wound requiring multiple sutures; or
any injury requiring corrective or cosmetic surgery.
(kk) "VACCINATED DOG" means a dog inoculated with an approved,
currently valid antirabies vaccine, and wearing a current dog
license tag indicating proof of such vaccination.
(11) "WILD ANIMAL" means any animal which is not normally
domesticated in the United States including, but not limited to,
any lion, tiger, bear, non-human primate (monkey, chimpanzee,
etc.), wolf, cougar, ocelot, wild cat, skunk, raccoon, ferret,
venomous reptile, boa, python, anaconda, members of the Order
Crocodilia, or other such animal (ferae naturae) irrespective of
its actual or asserted state of docility, tameness, or domesticity.
Sec. 62.602. VIOLATION - INFRACTION - MISDEMEANOR.
(a) Any person who violates any provision or fails to comply
with any of the mandatory requirements of this Chapter is guilty of'
an infraction, except as set forth in subdivision (b).
(b) Any person who violates any provision of the Uniform
Licensing Procedure (Sections 16.101 through 16.115) of this Code,
or Article 5 of this Chapter, or Sections 62.610, 62.614,
62.615,(b), 62.616, 62.617, 62.618, 62.663(c), 62.668(d), 62.668(e),
62.669, 62.669.1, 62.669.5, 62.672, 62.673, 62.674(d), 62.674(e),
62.674(f), 62.674(g), 62.680(e), 62.681, 62.682, 62.683, 62.685, or
who violates any other provision of this chapter three or more
times within two years from the date of the first conviction, is
guilty of a misdemeanor.
(cl Notwithstanding the foregoing, in cases alleging a
violation of Section 62.610, 62.669, or 62.672 the prosecutor may
charge and prosecute the offense as an infraction.
(d) - Each day on which a violation occurs or continues shall
constitute a separate offense.
(e) In addition to any other remedy authorized by law, upon
the conviction of a person charged with a violation of Section
62.669.5, 62.673, 62.674, 62.682, and/or 62.683 of this Code, the
court may order forfeiture of the subject animal(s) for proper
disposition, and/or may limit or prohibit the ownership,
possession, control, or custody of any animal of the species in the
c
subject action and/or other animals for a period of up to three (3)
years, if the court deems such action as reasonably necessary to
ensure animal or public health, safety, and welfare.
Sec. 62.603. FEES.
(a) Fees shall be charged and collected by the Department for
dog licensing and for other animal control services and enforcement. Such fees shall be collected by County personnel or
deputized personnel and deposited in the County treasury. Such
fees shall be established by resolution of the Board of Supervisors.
The owner of any animal which is lawfully impounded shall pay
all fees and expenses related to such impoundment including, but
not limited to, impound, board, vaccination, examination, and any
medical treatment fees for the animal,
claimed.
whether or not the animal is
(b) A list of currently approved fees shall be filed with the
Clerk of the Board of Supervisors of the County of San Diego and
shall be available for public inspection. .
(c) Fees shall be paid when due unless the Director, in
accordance with Department policy, authorizes a payment arrangement
or waives such fees in full or in part.
Specified fees may be deferred subject to the conditions of
the Department policy, if the owner claims an economic hardship or
the lack of ability to pay the fees when due, provides satisfactory
evidence of personal identification, and agrees to pay the fees
within a thirty (30) day period.
An owner claiming an economic hardship in paying the fees may
submit an application for waiver on forms provided by the
Department. The forms shall be executed under penalty of perjury
and contain a declaration as to the truthfulness and correctness of
the information contained therein. Upon submittal of the completed
forms, the fees may be waived if no disqual.ifying conditions, as
set forth in the Department policy, exist. The Department may also
waive fees if necessary in order to accomplish the protection of
animal or public health, safety or welfare or if the owner provides
satisfactory evidence that he/she was not at fault for the
violation or incident which led to the Department action and that
such action was not justified.
Sec. 62.604. SERVICE OF NOTICES. Notices required by this chapter shall be served as provided herein except as otherwise
provided by law. Service of such notices shall be deemed to have
been completed upon personal delivery or:
(a) Upon deposit of such notice addressed to the owner
or his/her agent at the last known address, in the
United States mail postage prepaid; or
lb) In the case of notices required by Sections 62.674,
62.681, 62.682, or 62.684, upon deposit of such
notice addressed to the owner or his/her agent at
the last known address, in the United States mail
as certified mail postage prepaid.
Sec. 62.605. SEVERABILITY. If any provision or clause of
this Chapter or application thereof is held invalid, such
invalidity shall not offset other provisions or applications of
this Chapter which can be given effect without the invalid
provision or application, and to this end the provisions of this
Chapter are declared to be severable.
.
Sec. 62.606. CONSTRUCTION OF CHAPTER
Nothing in this chapter shall be construed as authorizing the
keeping or maintaining of any animal that is otherwise prohibited
or restricted by any law, regulation, or permit requirement.
ARTICLE 2
RABIES PROVISIONS
Sec. 62.610. VACCINATION REQUIRED.
Any person owning or having custody of a dog, shall ensure
that the dog is vaccinated against rabies by a licensed
veterinarian, with a rabies vaccine approved by the California
Department of Health Services for use in dogs, within thirty (30)
days after it-becomes four months of age or within thirty (30) days
after obtaining or bringing any dog over four months of age into
the unincorporated area of San Diego County or any city in which
the Department provides licensing or animal control services.
Such vaccination shall be repeated at intervals specified by
the California Department of Health Services in order to maintain
adequate immunity.
such persons shall retain the rabies certificate for
inspection by any person responsible for enforcing the provisions
of this chapter.
Any person who violates any provision of this section is
guilty of a misdemeanor.
Sec. 62.611. VACCINATION AND LICENSING CLINICS. The
Department shall provide or arrange for rabies vaccination and
licensing clinics to be held at various locations where dog owners
may obtain the required rabies vaccinations at the applicable fee.
Sec. 62.612. CERTIFICATE OF VACCINATION. Any veterinarian
who vaccinates a dog for rabies shall certify such vaccination by
properly completing, as provided in Section 62.601(q), the license
application - rabies certificate form issued by County for that
purpose and shall forward monthly to the Department a copy of each
form so completed.
Sec. 62.613. EXEMPTION FROM RABIES VACCINATION DURING
ILLNESS. Notwithstanding any other provisions of this chapter, a
dog need not be vaccinated for rabies during an illness if a
licensed veterinarian has examined the dog and certified in writing
that such vaccination should be postponed because of a specified
illness. Old age, debility, and pregnancy are not considered
contraindications to rabies vaccination. Exemption certificates
are subject to approval by the Department and shall be valid only
for the duration of the illness. Exemption from vaccination does
not exempt a dog from the licensing requirement.
Sec. 62.614. REPORTING SUSPECTED CASE OF RABIES. Any person
having care or custody of an animal which shows symptoms of rabies
or which acts in a manner which would lead to a reasonable
suspicion that it may have rabies, shall notify the Department, the
County Veterinarian, or the Health Officer and comply with
appropriate laws and regulations regarding suspected cases of
rabies as directed by the Department, the County Veterinarian, or
the Health Officer. Any person who violates any provision of this
section is guilty of a misdemeanor.
Sec. 62.615. REPORTING OF BITES.
(a) All persons bitten and the parents or guardians of minor
children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat, or
other animal of a species subject to rabies shall notify the
Department or the Health Officer as soon as possible thereafter.
Physicians treating such bites and other persons having the
knowledge of such bites shall also be required to make such
notification.
(b) Any person owning or having custody or control of a dog
or other animal of a species subject to rabies which bites a
person, shall notify the Department or the Health Officer as soon
as possible thereafter. Any person who violates any provision of
this subdivision is guilty of a misdemeanor.
Sec. 62.616. ISOLATION OF SUSPECTED RABID ANIMALS. Upon the
order of the Department, the County Veterinarian, or the Health
Officer, a suspected rabid animal shall be isolated in strict
confinement under proper care and under the observation of a
licensed veterinarian in an animal shelter, veterinary hospital, or
other adequate facility in a manner approved by the Department, the
County Veterinarian, or the Health Officer, and such animal shall
not be killed or released for at least ten days after the onset of
symptoms suggestive of rabies unless permission is obtained from
the Department, the Health Officer, or the County Veterinarian to
sacrifice the animal for the purpose of laboratory examination.
Any person who violates any provision of this section is guilty of
a misdemeanor. .
Sec. 62.617. ISOLATION OF BITING ANIMALS. Upon the order of
the Department, the County Veterinarian, or the Health Officer, any
dog, cat, skunk, fox, bat, coyote, bobcat or other animal of a
species subject to rabies which bites or otherwise exposes a person
to rabies may be impounded and shall be isolated in strict
confinement in a place and manner approved by the Department, the
County Veterinarian, or the Health Officer and observed for at
least fourteen days after the day of infliction of the bite or
other exposure, and until examined and released by the Department,
the County Veterinarian, or the Health Officer. Dogs and cats
shall be so isolated and observed for at least ten days after the
day of infliction of the bite or other exposure, and until examined
and released by the Department, the County Veterinarian, or the
Health Officer.
Notwithstanding the foregoing, the following alternative is
permitted at the discretion of the Department, the County
Veterinarian, or the Health Officer. Dogs or cats which have been
isolated in strict confinement under proper care and under
observation of a licensed veterinarian in an animal shelter,
veterinary hospital, or other adequate facility in a manner
approved by the Department, the County Veterinarian, or the Health
Officer, may be released from isolation by the Department, the
County Veterinarian, or the Health Officer after five days of
.
veterinary observation if upon conducting a thorough physical
examination on the fifth day or more after infliction of the bite
or other exposure, the observing veterinarian certifies that there
are no clinical signs or symptoms of any disease.
Notwithstanding all of the foregoing provisions, the
Department, the Health Officer, or the County Veterinarian may
authorize, with permission of the owner if known, the euthanasia of
a biting animal for the purpose of laboratory examination. Any
person who violates any provision of this section is guilty of a
misdemeanor.
Sec. 62.618. ANIMALS POSSIBLY EXPOSED TO RABIES. Any animal
of a species subject to rabies which has been bitten by a known
rabid or suspected rabid animal, or which has been
contact with such an animal shall be isolated in strict
in a place and manner approved by the Department,
Veterinarian, or the Health Officer and observed for
six months or destroyed.
in intimate
confinement
the County
a period of
Notwithstanding the foregoing, the following alternative is
permitted in the case of dogs and cats. If the dog or cat has been
vaccinated against rabies at least thirty days prior to the
suspected exposure with a type of vaccine and within the time
period approved by the California Department of Health Services,
the dog or cat may be revaccinated immediately (within 48 hours) in
a manner prescribed by the Department, the County Veterinarian, or
the Health Officer and isolated in strict confinement in a place
and manner approved by the Department, the County Veterinarian, or
the Health Officer and observed for a period of thirty days
following revaccination. Any person who violates any provision of
this section is guilty of a misdemeanor.
Sec. 62.619. PAYMENT OF FEES AND EXPENSES. The owner of any
animal which is isolated under the provisions of this article shall
pay all fees and expenses related to the isolation including, but
not limited to, the impoundment, confinement, quarantine, board,
examination, and release of the animal from quarantine.
ARTICLE 3
DOG LICENSES
Sec. 62.620. DOG LICENSE REQUIRED.
(a) Any person owning or having custody of a dog, except
tourists or visitors who stay less than thirty (30) days within the
.
unincorporated area of San Diego County or any city in which the
Department provides licensing or animal control services, shall
apply for and obtain from the Department a separate dog license for
each dog they own, possess, keep, or harbor, after it is four
months old. Such persons must possess the license at the time the
dog is five months old or thirty (30) days after obtaining or
bringing any dog over four months of age into the unincorporated
area of San Diego County or any city in which the Department
provides licensing or animal control services.
Such persons shall renew the dog license before it expires for
as long as they own, possess, keep, harbor, or otherwise have
custody of the dog. If renewal is not required, such persons shall
within thirty (30) days after the expiration date advise the
Department of the reason therefore.
(b) Any dog which is legally impounded according to the
provisions of this chapter and does not have a valid dog license at
the time of release shall be presumed to be a dog which, prior to
impounding, required a Department issued dog license, regardless of
such dog's actual age or owner's place of residence.
.
(cl Upon presentation by the dog owner of a properly
completed dog license application form including proof that the,
rabies vaccination will be valid throughout the license period, and
payment of the proper license fee, and if applicable, a late fee,
the Department shall issue a dog license and license tag. The dog
owner shall retain the dog license for inspecticn by any person
responsible for enforcing the provisions of this chapter.
(d) Licenses shall be valid for a term not to exceed the
maximum immunity duration periods specified for the various types
of canine rabies vaccines approved by the California Department of
Health Services and must be renewed prior to the expiration of the
term by the payment of the current effective fee for each renewal.
(e) The dog owner shall securely affix the current license
tag to the collar or harness of the dog for which the license tag
was issued and shall ensure that the dog wears such license tag at
all times except when the dog is being exhibited at a dog show.
(f) A license tag issued for one dog shall not be transferred
or attached to any other dog.
w No unauthorized person shall remove a license tag from a
collar or harness or remove the collar or harness bearing such tag
from a dog.
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(h) Whenever a license tag is lost or damaged, the owner
shall apply for and obtain a replacement from the Department upon
payment of the prescribed fee.
Sec. 62.622. TRANSFER LICENSE. Owners of dogs having a
current license issued in their name by another dog licensing
agency may be issued a County dog license upon payment of the
applicable transfer fee. Such persons must possess a Department
issued dog license within thirty (30) days of bringing the dog into
the unincorporated area of San Diego County or any city in which
the Department provides licensing or animal control services. The
rabies vaccination for any such dog must be valid for the duration
of the license issued.
Sec. 62.623. CHANGE OF ADDRESS. The address of the owner is
presumed to be the address where the dog is kept. Any change of
address must be reported to the Department of Animal Control within
thirty (30) days following such change.
Sec. 62.624. CHANGE OF OWNERSHIP.
(a) Whenever the ownership of a licensed dog changes, the new
owner shall apply for and obtain a change of ownership license from
the Department and pay the applicable fee. Such persons must
possess the license within thirty (30) days of acquiring a dog
currently licensed by this Department.
(b) Dog owners or the parent or guardian of minor children
who sell or otherwise change the ownership or custody of a dog
shall within thirty (30) days thereafter inform the Department of
the name, address and telephone number of the new owner and the
name and description of the dog.
ARTICLE 4
SHELTERS
Sec. 62.630. ESTABLISHMENT OF ANIMAL SHELTERS. The Director
of Animal Control shall, with the approval of the Board of
Supervisors, establish as many animal shelters throughout the
County as he/she shall determine to be necessary for the
performance of his/her duties.
Sec. 62.631. ESTABLISHMENT OF ANIMAL DISPOSAL FACILITIES.
The Department shall establish at the County Animal Shelters a
humane procedure for euthanasia of animals. The Department may, at
its option, upon payment of applicable fees, accept animals for
L
humane disposal. The owner
first complete appropriate
constituting such ownership
or possessor of such animals shall
forms setting forth the facts
and/or possession, certifying that
he/she has the right to request disposal of such animal, and agree
to hold the County, its agents and employees harmless from any
liability for its acceptance and disposal of such animals. The
owner or person requesting the disposal of any animal shall certify
in writing that, to the best of his/her knowledge, the animal has
not bitten a human being within the period established by this
chapter for isolation of biting animals and suspected rabid
animals. Notwithstanding the foregoing, the Department, the Health
Officer, or the County Veterinarian may authorize, with permission
of the owner, if known, the euthanasia of a biting animal for the
purpose of laboratory examination.
ARTICLE 5
KENNELS
Sec. 62.641. KENNEL LICENSING PROCEDURES. It shall be
unlawful for any person(s) to operate a kennel within the
unincorporated area of San Diego County or any city in which the
Department provides animal control services without first having
obtained a kennel license therefor. Procedures for kennel license.
applications, renewals, denials, suspensions, revocations,
hearings, and appeals, except as otherwise herein provided, shall
be the same as those set forth in the Uniform Licensing Procedure
(Sections 16.101-16.115) of this Code.
Kennel licenses shall expire one year from the date of issue
unless the Department selects a different expiration. In such case
the kennel license fee shall be prorated.
Any kennel which is found by the Department to be unsanitary
or a menace to animal or public health, safety or welfare, is
declared to be a public nuisance. The Department is authorized and
empowered to take such action as is necessary to abate the
nuisance. In the event that immediate action is necessary to
preserve or protect animal or public health, safety or welfare, the.
Department is authorized and empowered to summarily abate such
nuisance by any reasonable means including, but not limited to
impoundment of the animal(s) and/or immediate closure of the kennel
for such time until the nuisance is abated.
In such case, hearings shall be provided in accordance with
Sec. 16.113 and/or Sec. 62.678 of this Code. Otherwise, the
Department shall inaugurate proceedings in accordance with
provisions of the Uniform License Procedure. The Department may
also commence proceedings in accordance with the Uniform Public
Nuisance Abatement Procedure contained in Chapter 2, Division 6,
Title 1 of this Code.
Sec. 62.642. KENNEL LICENSE STANDARDS.
(a) ACKNOWLEDGEMENT OF STANDARDS. A copy of the applicable
standards will be supplied to the applicant with each request for
an application for a kennel license, and the applicant shall
acknowledge receipt of such standards and agree to comply with them
and to allow inspections at reasonable times by signing the
application form.
(b) DEMONSTRATION OF COMPLIANCE WITH STANDARDS. Each
applicant or kennel operator must demonstrate that his/her premises
and any facilities or equipment used in his/her kennel comply with
the standards set forth in this article. In addition, each
applicant or kennel operator shall correct any deficiencies noted
within a reasonable time specified by the Department. Plans for
new or remodeled kennel facilities may be submitted to the
Department for review. Upon request by the Department, the
applicant or kennel operator must make his/her premises,
facilities, and equipment available for the purpose of ascertaining
compliance with said standards.
(c) CONDITIONS AND RESTRICTIONS. The issuing officer may
issue a kennel license under any conditions and restrictions which
he/she deems necessary for the protection of animal and/or public
health, safety, or welfare, and may specify such conditions and
restrictions on the kennel license.
(d) ADDITIONAL REASONS FOR DENIAL OF APPLICATION. In
addition to the reasons stated in the Uniform Licensing Procedure
the issuing officer shall not issue a kennel license to:
1. Any person applying for an original kennel license
who has not received approval for the location from
the appropriate planning/zoning Department or who
has not obtained any necessary permit(s) for its
operation; or
2. Any person whose kennel license has been suspended,
for the period during which the order of suspension
is in effect; or
C
3. Any person who has been or is an officer, agent, or
employee of a licensee whose kennel license has
been suspended or revoked and who was responsible
for or participated in the violation upon which the
order of suspension or revocation was based, for
the period during which the order of suspension is
in effect and for a period of one year from the
effective date of a revocation, or if a revocation
has been stayed, until one year from the expiration
of the stay; or
4. Any person whose kennel license has been revoked,
or any partnership, firm, corporation, or other
legal entity in which any such person has a
substantial financial interest for a period of one
year from the effective date of such revocation, or
if a revocation has been stayed, until one year
from the expiration of the stay; or
5. Any person who fails to comply with any provision
of this Article. .
Sec. 62.645.1. FACILITIES, GENERAL.
(4 STRUCTURAL STRENGTH. Indoor and outdoor housing
facilities shall be structurally sound and shall be maintained in
good repair, to protect the animals from injury, to contain the
animals, and to restrict the entrance of other animals. Crates and
boxes, automobile bodies, scrap materials salvaged from plyboards,
odd pieces of material such as linoleum, tin, canvas and other such
materials are not suitable and shall not be used.
(b) FENCING. Any fencing shall be in conformance with
planning/zoning requirements and be of suitable sturdy material
anchored solidly to the ground in such a manner to prevent animals
from escaping by digging under the fence and of sufficient height
to prevent animals from escaping. If necessary, to accomplish the
intent of containment, a cover over the fenced area shall be
installed.
(c) WATER AND ELECTRIC POWER. Reliable and adequate electric
power, if required to comply with other provisions of this Article,
and adequate potable water shall be available.
(d) STORAGE. Supplies of food and bedding shall be stored in
facilities which adequately protect such supplies against
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infestation or contamination by vermin. Refrigeration shall be
provided for supplies of perishable food.
(e) WASTE DISPOSAL. Provisions shall be made for the removal
and disposal of animal and food wastes, bedding, and debris.
Disposal facilities shall be so provided and operated as to
minimize vermin infestation, odors, and disease hazards.
(f) WASHROOMS AND SINKS. Facilities, such as washrooms,
basins, or sinks, shall be provided to maintain cleanliness among
animal caretakers.
Sec. 62.645.2. FACILITIES, INDOOR.
(a) HEATING. Indoor housing facilities shall be warm enough
to protect the animals from cold. Sufficient clean bedding
material or other means of protection shall be provided when the
ambient temperature falls below that temperature to which an animal
is acclimated.
(b) VENTILATION. Indoor housing facilities shall be
adequately ventilated to provide for the health and comfort of the
animals at all times. Such facilities shall be provided with fresh
air either by means of windows, doors, vents, or air conditioning
and shall be ventilated so as to minimize drafts, odors, and
moisture condensation. Auxiliary ventilation, such as exhaust fans
and vents or air conditioning, shall be provided when the ambient
temperature is 85 degrees Fahrenheit or higher, within the indoor
housing facility.
(cl LIGHTING. Indoor housing facilities shall have ample
light, by natural or artificial means, or both, of good quality and
well distributed. Such lighting shall provide uniformly
distributed illumination of sufficient light intensity to permit
routine inspection and cleaning during the entire working period.
Primary enclosures shall be so placed as to protect the animals
from excessive illumination.
Cd) INTERIOR SURFACES. The interior building surfaces of
indoor housing facilities shall be constructed and maintained so
that they are substantially impervious to moisture and may be
readily sanitized.
(e) DRAINAGE. A suitable method shall be provided to rapidly
eliminate excess liquid from indoor housing facilities. If drains
are used, they shall be properly constructed and kept in good
repair to avoid foul odors therefrom. If closed drainage systems
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are used, they shall be equipped with traps and so installed as to
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 cause
overheating or discomfort, sufficient shade shall be provided to
allow all animals kept outdoors to protect themselves from the
direct rays of the sun.
(b) SHELTER FROM RAIN OR SNOW. Animals kept outdoors shall
be provided with access to shelter to allow them to remain dry
during rain or snow.
(cl SHELTER FROM COLD WEATHER. Shelter shall be provided for
all animals kept outdoors when the atmospheric temperature falls
below 50 degrees Fahrenheit. Sufficient clean bedding material or
other means of protection from the weather elements shall be
provided when the ambient temperature falls below that temperature
to which an animal is acclimated.
(d) DRAINAGE. A suitable method shall be provided to rapidLy
eliminate excess liquid.
Sec. 62.645.4. GENERAL REQUIREMENTS FOR PRIMARY ENCLOSURES.
Primary enclosures must be provided for all animals and shall
conform to the following requirements:
(a) Primary enclosures shall be structurally sound and
maintained in good repair to protect the animals from injury, to
contain them, and to keep other animals out. They shall be
effectively enclosed.
(b) Primary enclosures shall be constructed and maintained so
as to enable the animals to remain dry and clean.
(cl Primary enclosures shall be constructed and maintained so
that the animals contained therein have convenient access to clean
food and water.
Cd) The floors of the primary enclosures shall be constructed
so as to protect the animals' feet and legs from injury.
Sec. 62.645.5. ADDITIONAL GENERAL REQUIREMENTS FOR PRIMARY
ENCLOSURES HOUSING CATS.
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(a) In all enclosures having a solid floor, a receptacle
containing sufficient clean litter shall be provided to contain
excreta.
(b) Each primary enclosure shall be provided with a solid
resting surface or surfaces which, in the aggregate, shall be of
adequate size to comfortably hold all occupants of the primary
enclosure at the same time. Such resting surface or surfaces shall
be elevated in primary enclosures housing two or more cats.
(c) Not more than twelve (12) adult cats shall be housed in
the same primary enclosure.
Sec. 62.645.6. GENERAL SPACE REQUIREMENTS. Primary
enclosures must be large enough so that the animals in them can
obtain adequate exercise. Any separate kennel houses used as
sleeping quarters must provide sufficient space to allow each
animal to turn about freely, stand easily, sit and lie in a
comfortable normal position. It is unlawful to keep any animal in
a primary enclosure or kennel house that does not provide adequate
space as required by this Article. .
Sec. 62.645.7. ADDITIONAL SPACE REQUIREMENTS FOR DOGS.
(a) A primary enclosure shall never house more than twelve
(12) dogs of any size.
(b) Passageways into kennel houses shall allow easy access
for all dogs housed in them. Any dog confined to a kennel house
which does not meet the space requirements for a primary enclosure
shall be provided access to its primary enclosure after no more
than twelve (12) hours for sufficient time to allow adequate
exercise.
(cl Any primary enclosure(s) and/or kennel house(s) of kennels which were not licensed on September 11, 1986, and those
completed or installed in any kennel after September 11, 1986, shall meet the
WEIGHT OF DOG
IN POUNDS
up to 15
Over 15
to 35
Over 35
to 65
Over 65
to 95
Over 95
to 130
Over 130
following space requirements.
MINIMUM SPACE
PRIMARY ENCLOSURE
WIDTH SQ FOOTAGE
2.0' 6.0
2.5' 10.0
3.0' 15.0
3.0' 18.0
3.5' 24.0
4.0' 32.0
REQUIREMENTS
KENNEL HOUSE
WIDTH SQ FOOTAGE
1.5' 3.0
2.0' 5.0
2.5' 7.5
2.5' 9.0
3.0' 12.0
. 3.5' 14.0
If a primary enclosure or kennel house contains more than one
dog the minimum number of square feet required is the sum of the
square feet requirements for each individual dog kept therein.
Sec. 62.645.8. FEEDING.
(a) Animals shall be provided food which shall be free from
contamination, wholesome, palatable, and of sufficient quantity and
nutritive value to meet the normal daily requirements for the
condition and size of the animal.
(b) Food receptacles shall be accessible to all animals and
shall be located so as to minimize contamination by excreta.
Feeding pans shall be durable and kept clean. The food receptacles
shall be sanlitized at least once every two weeks. Disposable food
receptacles may be used but must be discarded after each feeding.
Self feeders may be used for the feeding of dry food, and they
shall be sanitized regularly to prevent molding, deterioration or
caking of feed.
Sec. 62.645.9. WATERING. Clean potable water shall be
available to the animals in conformance with the principles of good
animal husbandry unless restricted for veterinary care. Watering
h
receptacles shall be kept clean and shall be sanitized at least
once every two weeks.
Sec. 62.645.10. SANITATION OF PRIMARY ENCLOSURES AND KENNEL
HOUSES.
(a) CLEANING. Excreta shall be removed from primary
enclosures and kennel houses as often as necessary, at least daily,
to prevent contamination of the animals contained therein and to
reduce disease hazards and odors. When a hosing or flushing method
is used for cleaning, any animal contained in the enclosure shall
be protected during the cleaning process, and adequate measures
shall be taken to protect the animals in other such enclosures from
being contaminated with water and other wastes. Rugs, blankets, or
other bedding material shall be kept clean and dry.
(b) SANITIZING. Prior to the introduction of animals into
empty primary enclosures previously occupied, such enclosures shall
be sanitized in the manner provided herein. Enclosures shall be
sanitized often enough to prevent an accumulation of debris or
excreta, or a disease hazard, provided, however, that such
enclosures shall be sanitized at least once every two weeks in the
following manner: Cages, rooms and hard-surfaced pens or runs shall
be sanitized by washing them with hot water (180 degrees,
Fahrenheit) and soap or detergent or by washing all soiled surfaces
with a detergent solution followed by a safe and effective disin-
fectant, or by cleaning all soiled surfaces with live steam. Pens
or runs using gravel, sand, or dirt shall be sanitized by removing
the soiled gravel, sand, or dirt and replacing it as necessary.
(cl HOUSEKEEPING. Premises (buildings and grounds) shall be
kept clean and in good repair in order to protect the animal from
injury and to facilitate the prescribed husbandry practices.
Premises shall remain free of accumulations of trash.
(d) PEST CONTROL. An effective program for the control of
insects, ectoparasites, and avian and mammalian pests shall be
established-and maintained.
Sec.GZ.645.11. EMPLOYEES. A sufficient number of caretakers
shall be utilized to maintain the standards set forth in this
section.
Sec.62.645.12. CLASSIFICATION AND SEPARATION. Animals housed
in the same primary enclosure shall be maintained in compatible
groups, with the following additional restrictions:
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(a) Females in season (estrus) shall not be housed in the
same primary enclosures with males, except for breeding purposes.
(b) Any animal exhibiting a vicious disposition shall be
housed individually in a primary enclosure.
(c) Puppies or kittens shall not be housed in the same
primary enclosure with adult dogs or cats other than their dams,
except when the owner specifically requests they be housed
together.
(d) Dogs shall not be housed in the same primary enclosure
with cats, nor shall dogs or cats be housed in the same primary
enclosure with any other species of animals unless the owner
specifically requests they be housed together.
(e) Animals under quarantine or treatment for a communicable
disease shall be separated from other animals and other susceptible
species of animals in such a manner as to minimize dissemination of
such disease. Animals with substantial injuries shall also be
separated from other animals. .
Sec. 62.645.13. RECORDS. The kennel operator shall keep
available for inspection on the premises a record that shall show
the name, current address and telephone number of the owner of each
animal kept at the kennel, the description of the animal, including
its age (if known) or approximate age, breed, sex and color. As a
part of such record, a current valid rabies certificate or other
written proof of vaccination, verified by telephone, shall be
maintained for each dog required to be vaccinated by this Chapter,
showing the dog owner's name, address, and telephone number; the
dog's name and description, including breed, color, sex, month and
year of birth; the date of vaccination; and the name and telephone
number of the veterinarian who vaccinated the dog or telephone
number of the licensing agency verifying the vaccination. In
addition, each kennel operator shall have someone in attendance at
the kennel who can identify each animal in the kennel, except that
animals under four months of age may be identified as to litter.
Sec. 62.646. VACCINATION REQUIRED FOR INDIVIDUAL DOGS. A
kennel operator shall not be required to obtain the individual dog
licenses imposed by this chapter for each dog in his/her kennel for
which the kennel license is obtained; however, each kennel operator
shall ensure that each dog in his/her kennel is vaccinated as
required by this chapter.
Sec. 62.647. KENNEL INSPECTION. Because of the need to
adequately protect animals within kennels from unhealthy conditions
and practices and the interests of society in curbing and
preventing inhumane practices, reasonable inspection requirements
dictate that Department officers shall have the right to inspect at
reasonable times. As a condition of the issuance of a kennel
license, each operator shall agree to allow such inspection; such
acknowledgement shall be made a part of the application and file.
Each kennel for which a kennel license has been issued shall be
inspected at intervals determined by the Department.
Sec. 62.648. VIOLATION. Any person who violates any provision of this Article or of the Uniform Licensing Procedure
(Sections 16.101 through 16.115) of this Code is guilty of a
misdemeanor. Any act or omission by a kennel operator in
contravention of these requirements, or of any of the conditions
and/or restrictions of the issued kennel license, shall be grounds
for and shall authorize the suspension and/or revocation of the
kennel license independently of any criminal prosecution or the
results thereof. The Director may suspend or revoke the kennel
license irrespective of the pendency of any criminal proceedings,
and prior to the initiation thereof. .
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ARTICLE 6
CONTROL PROVISIONS
Sec. 62.660. PRESUMPTION OF RESPONSIBILITY FOR VIOLATION.
(a) In any prosecution involving an animal charging a
violation of any provision referred to in Section 62.661 of this
Code, proof by the People of the State of California that the
particular animal described in the complaint was found in violation
of any provision of said sections, together with proof that the
defendant named in the complaint was at the time of the alleged
violation the owner of the animal, shall constitute prima facie
evidence that the owner of the animal was the person responsible
for the violation of said provisions involving said animal.
However, for the purpose of this section proof that a person is the
owner of said animal is not prima facie evidence that he/she has
violated any other provision of law.
(b) The presumption created by this section shall be
nullified when the person charged has made a bona fide sale or
transfer and has complied with the requirements of Section 62.624,
or Section 62.674 for a ItDangerous Dog", prior to the date of the
alleged violations and has advised the court of the name and
address of the purchaser, and of the date of sale.
Sec. 62.661. ENFORCEMENT PROVISIONS.
(a) The Department, each agent or deputy thereof who is
assigned to duties which include the enforcement of animal
regulation laws and any peace officer are responsible for enforcing
the provisions of this Chapter, Sections 16.101 through 16.115 of
this Code, Section 148 of the California Penal Code, and any law
relating to or affecting animals of the State of California, the
County of San Diego or any city in which the Department provides
animal control services.
California Penal Code Section 597.1 shall be operative in and
enforced by the Department, and California Penal Code Section 597f
shall not be operative.
(b) The Health Officer and each agent or deputy thereof who
is assigned to duties which include the enforcement of rabies
control and sanitation laws are responsible for enforcing Section
148 of the California Penal Code and the following provisions of
this chapter:
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(1) Article 2 (commencing with Section 62.610).
l
(2) Sections 62.665, 62.667, 62.668(d) and (e), 62.670, 62.672, 62.674, 62.675, 62.681, 62.682.
Cc) The County Veterinarian and each agent or deputy thereof
who is assigned to duties which include the enforcement of the
provisions of the California Food and Agricultural Code relating to
the health and sanitary surroundings of livestock, poultry, and
rabbits are also responsible for enforcing Section 148 of the
California Penal Code and the following provisions of this Code:
(1) Chapter 1 (commencing with Section 62.101) of
Division 2, Title 6.
(2) Sections 62.610; 62.614; 62.616; 62.617; 62.618;
62.646; 62.665; 62.667; 62.668(c), (d) and (e); 62.672; 62.681; 62.682; and 62.683 of this chapter.
(d) Each of the individuals referred to in subdivisions (a),
(b) and (c) hereof shall cooperate to attain compliance with and
shall take appropriate action in the case of any violations of
those provisions which they are responsible to enforce.
Sec. 62.662. ARREST AND CITATION. Each of the individuals
referred to in Section 62.661 shall have the power to make arrests
without warrant in the manner prescribed in Section 836.5 of the
California Penal Code, for violations of those provisions of this
chapter and of state law which he/she has a duty to enforce and to
issue citations for such violations. Any person so arrested who
does not demand to be taken before a magistrate may instead be
cited in the manner prescribed in Chapter 5C (commencing with
Section 853.5) of Title 3, Part 2 of the California Penal Code.
Sec. 62.663. DOG LICENSE VIOLATIONS: DISMISSAL ON PROOF OF
CORRECTION; FALSE OR FICTITIOUS INFORMATION.
(a) Whenever a person is arrested for a violation of Sec.
62.620 of this Code and the officer issues a Notice to Appear, the
officer shall note on the form that the charge shall be dismissed
on proof of correction unless a disqualifying condition as set
forth in subdivision (b) exists. If the arrested person presents,
by mail or in person, proof of correction as prescribed herein, on
or before the date on which the person promised to appear, the
court shall dismiss the violation or violations.
.
Proof of correction shall consist of a certification by the
Department or by any clerk or deputy clerk of a court that the
alleged violation has been corrected.
(b) A Notice to Appear shall be issued as provided in
subdivision (a), unless the officer finds any of the following
disqualifying
(1)
(2)
(3)
(4)
conditions:
Evidence of fraud.
The person has been charged within the past one (1)
year period with a violation of Section 62.620.
The violation involves a dog which has attacked,
bitten, or otherwise caused injury to a person; or,
which otherwise presents an immediate safety
hazard.
The person does not agree to, or cannot, promptly
correct the violation.
(c) Any person who signs a Certificate of Correction with a
false or fictitious name or who presents as evidence of correction
false or fictitious information is guilty of a misdemeanor.
Sec. 62.664. AGREEMENTS - RULES AND REGULATIONS. For the
purpose of performing their duties under this chapter the
Department or the County Veterinarian may, with approval of the
Board of Supervisors, negotiate agreements, and shall promulgate
such rules and regulations as they may deem proper and necessary.
Sec. 62.665. INVESTIGATIONS. The Department, the County
Veterinarian, the Health Officer, and any peace officer, may enter
private property to investigate reports of dangerous dogs, rabies,
or other contagious animal diseases, and to investigate possible
violations of and enforce the provisions of this Chapter, Sections
16.101 through 16.115 of this Code, Section 148 of the California
Penal Code,- and any law relating to or affecting animals of the
State of California, the County of San Diego or any city in which
the Department provides animal control services.
Sec. 62.667. EPIDEMICS. Either the Health Officer or the
County Veterinarian may determine and declare that an epidemic or
other unusually dangerous health situation exists among the animals
in the County. Upon the making of such a declaration the Health
Officer or the County Veterinarian shall prepare and promulgate,
with the approval of the Board of Supervisors, such rules and
regulations as are necessary for the conduct of all persons within
the area where the dangerous condition exists. These rules and
regulations may include, but are not limited to, quarantine,
vaccination, and destruction of diseased, exposed or stray animals
by humane methods. It shall be the duty of the Department, the
County Veterinarian, and the Health Officer to cooperate in the
enforcement of such rules and regulations.
Sec. 62.668. CONDITIONS OF ANIMAL OWNERSHIP. Animal owners
or keepers must comply with the following conditions of animal
ownership, and the Department or the County Veterinarian may
require as a condition of licensing such owners or keepers to sign
permit or license applications agreeing to comply with such
conditions:
(a) Animals shall be restrained or confined as required by
law.
(b)
(cl
Animals shall be humanely treated at all times.
Cd)
Vaccinations, licenses, and permits shall be obtained as
required by law. .
Animal premises shall be kept sanitary and shall not
constitute a fly breeding reservoir, a source of
offensive odors or of human or animal disease.
(e) Animals and animal premises shall not be permitted to
disturb the peace or constitute a public nuisance or
hazard.
-Y person who violates any provision of subdivisions (d) or
(e) of this section is guilty of a misdemeanor.
Sec. 62.669. RESTRAINT OF DOGS REQUIRED. Any person owning
or having custody or control of a dog shall at all times prevent
the dog from being "At Large" and from being in violation of other
provisions qf law. However, dogs may be unrestrained by a leash
while assisting their owners in legal hunting, in the herding of
livestock as permitted by law, or on public property with the
written permission of, and for purposes authorized by, the agency
responsible for regulating the use of such property; so long as
such dogs are under direct and effective voice control to ensure
that they are not in violation of any other provision of law. This
section does not apply to dogs assisting peace officers while
performing law enforcement duties. Any person who violates any
provision of this section is guilty of a misdemeanor.
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.
Sec. 62.669.1. PUBLIC PROTECTION FROM DOGS. Any person owning or having custody or control of a dog shall at all times
prevent the dog from attacking, biting, or otherwise causing injury
to any person engaged in a lawful act; from interfering with the
lawful use of public or private property; or from damaging personal
property which is lawfully upon public property, or upon private
property with the permission of the person who owns or has the
right to possess or use the private property. Any person who
violates any provision of this section is guilty of a misdemeanor.
Sec. 62.669.5. PROTECTION DOG, GUARD DOG, DANGEROUS DOG, OR
POTENTIALLY DANGEROUS ANIMAL.
(a) Any person owning or having custody or control of a
"Protection Dog", "Guard Dog", "Dangerous Dog", or any "Potentially
Dangerous Animal" is guilty of a misdemeanor if, as a result of
that person's failure to exercise ordinary care, the animal
attacks, bites, or otherwise causes injury to a person engaged in
lawful activity and the owner or custodian knew or should have
known of the animal's vicious or dangerous nature, or the animal's
"Protection Dog", "Guard Dog", "Dangerous Dog", or "Potentially
Dangerous Animal" status. .
(b) This section does not apply to animals used in military,
or police work while they are actually performing in that capacity.
Sec. 62.670. COMMITTING NUISANCE. No person shall allow a
dog in his/her custody to defecate or to urinate on any property
other than that of the owner or person having control of the dog.
It shall be the duty of all persons having control of a dog to curb
such dog and to immediately remove any fetes to a proper
receptacle. Disabled persons while relying on a seeing eye,
hearing, or service dog shall be exempt from this section.
Sec. 62.671. FEMALE DOGS IN SEASON (ESTRUS) . Any person
owning or having custody or control of a female dog in season
(estrus) shall securely confine such dog within an enclosure in a
manner that- will prevent the attraction of male dogs to the
immediate vicinity.
Sec. 62.672. DISTURBING THE PEACE PROHIBITED. No person
shall own or harbor an animal in such a manner that the peace or
quiet of the public is unreasonably disturbed. The keeping or
maintenance, or the permitting to be kept or maintained, on any
premises owned, occupied, or controlled by any person of any animal
or fowl which, by any frequent or long continued noise, shall cause
unreasonable annoyance or discomfort to any person of normal
-
sensitivity in the vicinity shall constitute a violation of this
section; provided, however, that nothing contained herein shall be
construed to apply to reasonable noises emanating from legally operated veterinary hospitals, humane societies, animal shelters,
farm and/or agricultural facilities, or areas where keeping of
animals or fowls are permitted. Any person who violates any
provision of this section is guilty of a misdemeanor.
Sec. 62.673. INHUMANE TREATMENT AND ABANDONMENT. No person
shall treat an animal in a cruel or inhumane manner or willingly or
negligently cause or permit any animal to suffer unnecessary
torture or pain. No person shall abandon any domestic animal
without care on any public or private property. Any person who
violates any provision of this section is guilty of a misdemeanor.
Sec. 62.674. DECLARATION AND POSSESSION OF DANGEROUS DOG.
(a) GENERAL PROVISIONS.
1. If the Department has cause to believe that a dog is
a "Dangerous Dog", it may commence proceedings as provided herein. .
2. The Department shall first serve, upon the owner
and/or custodian, notice of intent to declare the dog a "Dangerous.
Dog".
3. The notice shall inform the dog owner and/or
custodian of the incident(s) that provide a basis for the
Department's action, and specify that he/she may request a hearing
within five (5) working days to determine whether grounds exist for
such declaration; the potential consequences if such a declaration
is issued; and the Department's authority for such action.
4. Failure of the owner and/or custodian to request a
hearing pursuant to subdivision (3), or failure to attend or be
represented at a scheduled hearing, shall satisfy the hearing
requirements and shall result in the issuance of a "Dangerous Dog"
declaration.
5. A finding at the hearing that the dog does fall
within subdivisions (1) or (2) of Section 62.601(l) shall result in
the issuance of a "Dangerous Dog" declaration.
6. The Department is hereby authorized and empowered to
impound and/or abate any "Dangerous Dog" independently of any
criminal prosecution or the results thereof by any means reasonably
necessary to ensure the health, safety and welfare of the public
including, but not limited to, the destruction of the dog or by the
imposition upon the owner and/or custodian specific reasonable
restrictions and conditions for the maintenance of the dog. The restrictions and conditions may include, but are not limited to:
a. Obtaining and maintaining liability insurance
in the amount of one hundred thousand dollars
($100,000) and furnishing a certificate or
proof of insurance by which the Department
shall be notified at least ten (10) days prior
to cancellation or non-renewal;
b. Requirements as to size, construction and
design of enclosure;
C. Location of the dog's residence;
d. Requirements as to tme and method of
restraints and/or muzzling of the dog;
e. Photo identification or permanent marking of
the dog for purposes of identification; l
f. A requirement to obtain a "Dangerous Dog"
registration in addition to the license
required under Section 62.620 of this code;
g- A requirement to alter the dog;
h. Requirements to allow inspection of the dog
and its enclosure by the Department or any
other law enforcement agency, and to produce
upon demand, proof of compliance with all
requirements of this section; and,
i. Payment of a reasonable fee to recover the
costs of the Department in verifying
compliance and enforcing the provisions of
this section.
The Department may also commence proceedings in accordance
with the Uniform Public Nuisance Abatement Procedure contained in
Chapter 2, Division 6, Title 1 of this Code.
(b) NOTIFICATION OF RIGHT TO HEARING. At least five (5)
working days prior to the impoundment and/or abatement, the owner
or custodian of record shall be served a notice of their right to
.
a hearing to determine whether grounds exist for such impoundment
and/or abatement. If a hearing is requested, the impoundment
and/or abatement hearing may be held in conjunction with the
hearing provided for in subdivision (a) of this section. If the
owner or custodian of record requests a hearing prior to
impoundment and/or abatement, no impoundment and/or abatement shall
take place until the conclusion of the hearing except as noted in
subdivision (c) .
(cl IMMEDIATE IMPOUNDMENT. When, in the opinion of the
Department, immediate impoundment is necessary for the preservation
of animal or public health, safety or welfare, or if the dog has
been impounded under other provisions of law, the pre-impoundment
hearing shall be waived; however, the owner or custodian of record
shall be given a notice allowing five (5) working days to request
an abatement hearing. If a hearing is requested, the dog shall not
be disposed of prior to satisfaction of the hearing requirements.
A finding at an abatement hearing under subdivision (b) or (c)
that grounds exist for the impoundment and/or abatement of the dog,
or the failure of the owner and/or custodian to request a hearing
or to attend or be represented at a scheduled hearing, shall
satisfy the hearing requirements and the dog shall be impounded
and/or abated.
(d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. The owner
and/or custodian of a "Dangerous Dog" who moves or sells the dog(s)
or otherwise transfers the ownership, custody or residence of the
dog(s), shall at least ten (10) days prior to the sale or transfer,
inform the Department in writing of the name, address and telephone
number of the proposed new owner or custodian, and/or the proposed
new residence, and the name and description of the dog(s). The
Department may prohibit the proposed transfer for cause.
The owner and/or custodian shall, in addition, notify any new
owner or custodian in writing regarding the details of the dog's
record, and the terms and conditions for maintenance of the dog.
The owner and/or custodian shall also provide the Department with
a copy thereof containing an acknowledgment by the new owner or
custodian of his/her receipt of the original and acceptance of the
terms or conditions. The Department may impose different or
additional restrictions or conditions upon the new owner or
custodian.
In the event of the dog's death, the owner and/or custodian
shall notify the Department no later than twenty four (24) hours
thereafter and, upon request, produce the dog for verification. If
.
1
the dog escapes, the owner and/or custodian shall notify the
Department and make every reasonable effort to recapture it. Any
person who violates any provision of this subdivision is guilty of
a misdemeanor.
(e) POSSESSION UNLAWFUL. It is unlawful to have custody of, own or possess a "Dangerous Dog" unless it is restrained, confined, or muzzled so that it cannot bite, attack or cause injury to any person. Any person who violates any provision of this subdivision
is guilty of a misdemeanor.
(f) DECLARED DANGEROUS DOG. It shall be unlawful for the owner and/or custodian of a dog declared to be a "Dangerous Dog" to
fail to comply with any requirements or conditions imposed pursuant
to subdivision (a) (6). Any person who violates any provision of
this subdivision is guilty of a misdemeanor.
(9) SURRENDER OF DOG UPON DEMAND. The owner and/or custodian
of a "Dangerous Dog", shall surrender such dog to the Department
upon demand.
Any person who violates any provision of subdivisions (d)', (e) , (f), or (g) of this section is guilty of a misdemeanor.
Sec. 62.675. COMPLAINTS. Upon receiving a complaint from a
person alleging a violation of this chapter or any other law relating to or affecting animals, an investigation to determine
whether a violation exists may be made. If the investigation discloses a violation of this chapter, prosecution may be initiated
against the owner. Complainants' identities shall be kept
confidential to the extent permitted by law.
Sec. 62.676. CAPTURE OF ANIMALS AT LARGE.
(a) The Department, peace officers and persons employed for
animal control purposes by the local governing body may attempt to
capture 'iny animal found at large in violation of law and may
destroy an animal at large if, in their judgment, such action is
required for public health and safety.
The Department shall not seize or impound any dog, however,
for being at large that has strayed from, but then returned to, the
private property of its owner or the person who has a right to
control the dog, but in such case a citation may be issued;
provided, however, that if in such a situation the owner or person
who has a right to control the dog is not home, the dog may be
impounded, but the Department shall post a notice of such
.
impounding on the front door of the living unit of the owner or
person who has a right to control the dog.
Such notice shall state the following: That the dog has been
impounded, where the dog is being held, the name, address, and
telephone number of the agency or person to be contacted regarding
release of the dog, and an indication of the ultimate disposition
of the dog if no action to regain it is taken within a specified
period of time by its owner or by the person who has a right to
control the dog.
(b) Any person who finds an animal at large may take it into
his/her possession and must as soon as possible, but no later than
twenty-four hours thereafter, notify the Department. The
Department may accept such animal for impoundment and the person
who finds the animal shall surrender the animal to the Department
upon demand. No such action shall result in a charge against the
County. The finder of the animal at large shall use reasonable
care to preserve it from injury; however, he/she shall not be held
liable if the animal dies, escapes or injures itself while he/she
is carrying out the provisions of this section. .
Sec. 62.677. RELINQUISHING AN ANIMAL. Any person who
relinquishes an animal to the Department shall give his/her name,
address and, if he/she is not the owner, the location where the
animal was found.
Sec. 62.678. NOTIFICATION 0F 0wmR - RIGHT TO HEARING. Upon
impoundment of an animal wearing a license tag, or identification
listing the owner's name and address, the Department shall
, immediately mail or personally deliver to the owner of record a
notice that the animal is in the custody of the Department.
The notice shall include a statement that the owner may within
five (5) working days request a hearing as to the legality of the
impoundment.
If requested, the hearing shall be held within five (5)
working days of the date of the request. The time during which the
animal shall not be disposed of other than by return to the owner
shall be extended until the conclusion of the hearing. If at the
conclusion of the hearing the impoundment is found to be
unjustified, the animal shall be returned to the owner without
charge. If the animal is returned to the owner prior to the
hearing, any fees other than vaccination or licensing fees paid by
the owner to the County as a result of an unjustified impoundment
shall be refunded to the owner.
.
-
.
Sec. 62.679. RETURN OF ANIMALS TO THEIR OWNERS. The owner of an impounded animal not subject to abatement action may claim it
prior to other legal disposition by providing proper identification, meeting all requirements, and paying the applicable
redemption fees.
Upon redemption of any lawfully impounded unaltered dog or cat
found at large, the owner shall pay an altering deposit in addition
to other redemption fees as established by resolution. Such altering deposit shall be refundable upon proof that the animal has
been altered by a licensed veterinarian within thirty (30) days of
the redemption date unless the animal is under six (6) months of
age at the time of redemption. In such cases, the deposit shall be
refundable upon proof that the animal has been altered by a
licensed veterinarian by the time the animal is seven (7) months of
age. Such altering deposit shall also be refundable if the owner
submits, within the specified period, a written certification from
a licensed veterinarian stating that, due to health considerations,
the animal should not be altered, or that, in the professional
judgement of the veterinarian, the animal has previously been
altered. .
The Deposit required by this section shall be forfeited to the The Deposit required by this section shall be forfeited to the
County if such proof of altering or written certification has not County if such proof of altering or written certification has not
been presented to the Department within the specified period. been presented to the Department within the specified period. All All
such forfeited deposits shall be used to offset the costs of animal such forfeited deposits shall be used to offset the costs of animal
control services. control services.
\ ’
.
Sec. 62.680. HOLDING PERIOD, DISPOSITION AND ALTERING.
(a) The Department shall hold an impounded lost or stray dog
for not less than three (3) working days if it was not wearing a
license tag when impounded and for not less than five (5) working
days if it was wearing a license tag, other identification, or the
Department has other reason to believe that an owner exists, or
that the owner or custodian may claim it prior to other
disposition.
The Department shall hold an impounded lost or stray cat for
the period specified by California Food and Agricultural Code
Section 31752 except that the Department shall hold an impounded
lost or stray cat for not less than five (5) working days if it was
wearing a license tag, other identification, or the Department has
other reason to believe that an owner exists, or that the owner or
custodian may claim it prior to other disposition.
(b) The Department may humanely dispose of or transfer to a
new owner, upon payment of the applicable fee, any impounded animal
not claimed by its owner or custodian within the prescribed holding
period. An impounded dog or cat wearing a license tag or other
identification when impounded, or a dog or cat relinquished by its
owner, shall not be transferred for the purpose of medical research.
without the written consent of the owner. Animals relinquished by
their owners may be destroyed or transferred to a new owner without
regard to any prescribed holding period. Injured or diseased
animals, or newborn animals unable to feed themselves, may be
humanely destroyed without regard to the prescribed holding period
in order to alleviate suffering or to protect other impounded
animals from exposure to a contagious disease.
(cl Any dog or cat not claimed by its owner and which has not
been altered shall not be sold or given away, other than for
approved medical research, unless the cost of altering such animal
has been deposited with the Department to be refunded upon
presentation of proof of altering by a licensed veterinarian.
Private citizens and Humane Society representatives may place
an adoption hold on dogs or cats. Citizen holds will take
precedence over Humane Society holds. The Department will notify
the Humane Society when the citizen hold period has expired. Dogs
and cats not adopted by the Humane Society within twenty four (24)
hours after notification of the expiration of the citizen hold may
be destroyed.
(d) The Director may waive the altering deposit requirement
for a State chartered Humane Society when that Society adopts
animals under the following conditions:
(1) The Humane Society will care for and maintain
custody of such dogs or cats for adoption by the
public in a licensed kennel until such animals are
adopted or destroyed.
(2) The Humane Society shall, at its own expense
(subject to potential reimbursement from the
adopting person), alter all such dogs or cats, or
require the adopting person to alter the animal
within the period specified in (e) and make a
necessary deposit to be refunded directly to the
depositor upon presentation of proof of altering by
any licensed veterinarian.
(3) The Humane Society shall not knowingly allow dogs
to be adopted by a private party or business for
guard dog purposes. This provision does not
include adoption for the purpose of law enforcement
service.
(4) The Humane Society will pay the prevailing County
adoption fee and the cost of all vaccinations and
veterinary care provided for the animal by the
Department.
.
(e) The individual adopting any cat or dog under the terms of
subdivision (c) or (d) shall have the altering performed within
thirty (30) days from the date of adoption unless the animal is
under six (6) months of age at the time of adoption. In such case,
the individual shall have the altering performed by the time the
animal is seven (7) months of age. Failure to complete the surgery
within the specified period or the transfer of ownership of a cat
or dog over six (6) months of age prior to altering, shall
constitute a misdemeanor.
This subdivision shall not apply to any person who obtains a
written certification from a licensed veterinarian stating that,
due to health considerations, the animal should not be altered, or
that, in the professional judgement of the veterinarian, the animal
has previously been altered.
(f) The deposit required by subdivision (c) shall be
forfeited to the County if such proof of altering or written
.
\ . -
.
certification has not been presented to the Department within the . period specified in subdivision (e). All such forfeited deposits
shall be used for the purposes specified by Sections 30503 and
31751 of the California Food and Agricultural Code.
(9) The Department may create by policy a SENIOR CITIZENS PET
ADOPTION PROGRAM for San Diego County residents who are sixty (60)
years or older and who are qualified to adopt a dog or cat. The
Director may waive or adjust adoption, vaccination or altering fees
established by the Board of Supervisors in conjunction with such a
program, provided that the animals involved shall be vaccinated for
rabies and shall be altered as required by law.
Sec. 62.681. WILD ANIMALS.
(a) VENOMOUS REPTILES. It shall be unlawful for any person
to own, possess or maintain any venomous reptile.
(b) GENERAL PROVISIONS. It shall be unlawful for any person
to own, possess or maintain any other wild animal unless he/she
complies with all federal, state and local laws, regulations, and
permit requirements affecting such animals. The owner shall also<
1. Keep the animals at all times in cages or.
enclosures of such size and construction or
confined in such a manner as to preclude the
possibility of escape. Such cages, enclosures, or
confinement shall be of such size as to permit the
animals reasonable freedom of movement;
2. Keep the cages or enclosures in a clean and
sanitary condition at all times;
3. Provide the animals with adequate food, water,
shelter, and veterinary care;
4. Keep the animal(s) in a manner so as not to
threaten or annoy any person of normal sensitivity.
(cl ADDITIONAL PROVISIONS. The owner shall, in addition:
1. Take adequate safeguards to prevent unauthorized
access to the animals and to preserve animal and
public health, safety, and welfare. In the event
of an escape, immediately notify the Department and
make every reasonable effort to recapture the
animal(s);
2. Upon request by the Department make his/her
animal(s), premises, facilities, equipment, and any
necessary permit(s) available for inspection for
the purpose of ascertaining compliance with the
provisions of this section;
3. Reimburse the Department for all costs incurred in
enforcing the provisions of this section when a
violation is found, and shall be responsible for
any injury, or any damage to private or public
property caused by the animal(s);
(d) LOCATION AND TRANSPORTATION. Such animals shall be kept
upon, or transported in escape proof enclosures to, private
property which the animals' owner or the person who has a right to
control the animal, owns or has a right to possess or use. All
other transportation is prohibited unless authorized by the
Department.
(e) EXCEPTIONS. Subdivisions (a), (c) , and (d) of this
section do not apply to: .
1. Small birds that attain an adult weight under
fifteen (15) pounds, small rodents that attain an,
adult weight under ten (10) pounds, fish,
invertebrates, amphibians or reptiles except for
the following reptiles: all crocodilians (Order
Crocodilia); all boa and python species (Family
Boidae) that attain an adult weight over fifteen
(15) pounds or an adult length over three and one-
half (3-l/2) feet; and all monitor lizard species
(Family Varanidae) that attain an adult weight over
ten (10) pounds or an adult overall length over
three (3) feet.
2. Legally operated zoos or circuses or to recognized
institutions of learning or scientific research
unless by reason of inadequate caging or other
means of protection of the public from such
animals, or by the ineffectiveness of sanitation
measures, or by a particular hazard connected with
the animal(s) involved, animal or public health,
safety or welfare will be endangered.
(f) IMPOUNDMENT AND/OR ABATEMENT. The Department may impound
and/or abate any animal held in violation of this section and
relocate or dispose of it in a humane manner or impose specific
reasonable conditions and restrictions for the maintenance of the
animal(s). At least three (3) working days prior to the impoundment and/or abatement, the owner shall be served a notice of
his/her right to a Departmental hearing as to whether the animal is
being held in violation of this section. If the owner requests a hearing prior to impoundment and/or abatement, no impoundment
and/or abatement shall take place until the conclusion of the
hearing except as provided herein.
If, in the opinion of the Department, immediate impoundment is
necessary for the preservation of animal or public health, safety,
or welfare or if the animal has been impounded under other
provisions of law, the pre-impoundment hearing may be dispensed
with; however, in such cases, the owner shall be given three (3)
working days notice of his right to a hearing as to whether the
animal was being held in violation of this section.
If a hearing is requested, the animal shall not be disposed of
prior to satisfaction of the hearing requirements. A finding at a
hearing that grounds exist for the impoundment and/or abatement of
the animal, or the failure of the owner and/or custodian to request
a hearing or the failure to attend or be represented at a scheduled
hearing, shall satisfy the hearing requirements and the animal
shall be impounded and/or abated. If, at the conclusion of a.
hearing, the impoundment is found not to be justified, the animal
shall be returned to the owner without charge. The Department may
also commence proceedings in accordance with the Uniform Public
Nuisance Abatement Procedure contained in Chapter 2, Division 6,
Title 1 of this Code.
63) VIOLATION. Any person who violates any provision of this
section or who fails to comply with any condition or restriction
imposed pursuant to subdivision (f) is guilty of a misdemeanor.
. . - .
. Sec. 62.682. PUBLIC NUISANCE.
(a) GENERAL PROVISIONS. The introduction, possession or
maintenance of any animal, or the allowing of any animal or animal
premises to be in contravention of this chapter or any other law
relating to or affecting animals is in addition to being a
violation, hereby declared to be a public nuisance.
The Department, the Health Officer, the County Veterinarian
and peace officers, may summarily abate any such public nuisance
independently of any criminal prosecution or the results thereof by
any means reasonably necessary including but not limited to the
destruction of the animal or animals involved, or by the imposition
of specific reasonable conditions and restrictions for the
maintenance of the animal(s) and/or the animal premises. The
restrictions and conditions may include, but are not limited to:
1. Obtaining and maintaining liability insurance
in the amount of one hundred thousand dollars
($100,000) and furnishing a certificate or
proof of insurance by which the Department
shall be notified at least ten (10) days prior
to cancellation or non-renewal;
2. Requirements as to size, construction and
design of enclosure;
3. Location of the animal's residence;
4. Requirements as to WPe and method of
restraints of the animal;
5. Photo identification or permanent marking of
the animal for purposes of identification;
6. A requirement to obtain a public nuisance
registration in addition to any license
required under Section 62.620 of this code;
7. Requirements to allow inspection of the animal
premises, and/or the animal and its enclosure,
by the Department or any other law enforcement
agency, and to produce upon demand, proof of
compliance with all requirements of this
section;
8, A requirement to alter the animal; and,
.
9. Payment of a reasonable fee to recover the
costs of the Department in verifying
compliance and enforcing the provisions of
this section.
Failure to comply with such conditions and restrictions is a
misdemeanor.
The Department may also commence proceedings in accordance
with the Uniform Public Nuisance Abatement Procedure contained in
Chapter 2, Division 6, Title 1 of this Code.
(b) NOTIFICATION OF RIGHT TO HEARING. At least five (5)
working days prior to the impoundment and/or abatement, the owner
or custodian of record shall be served a notice of their right to
a hearing to determine whether grounds exist for such impoundment
and/or abatement. If the owner or custodian of record requests a
hearing prior to impoundment and/or abatement, no impoundment
and/or abatement shall take place until the conclusion of the
hearing except as noted in subdivision (c) .
(cl IMMEDIATE IMPOUNDMENT. When, in the opinion of the
Department, immediate impoundment is necessary for the preservation
of animal or public health, safety or welfare, or if the animal has..
been impounded under other provisions of law, the pre-impoundment
hearing shall be waived. However, the owner or custodian of record
shall be served a notice allowing five (5) working days to request
an abatement hearing. If a hearing is requested, the animal shall
not be disposed of prior to satisfaction of the hearing
requirements.
A finding at an abatement hearing under subdivision (b) or (c)
that grounds exist for the impoundment and/or abatement of the
animal, or the failure of the owner and/or custodian to request a
hearing or the failure to attend or be represented at a scheduled
hearing, shall satisfy the hearing requirements and the animal
shall be impounded and/or abated.
(d) CHANGE OF OWNERSHIP, CUSTODY AND/OR RESIDENCE. The owner
and/or custodian of a public nuisance animal who moves or sells the
animal(s), or otherwise transfers the ownership, custody or
residence of the animal(s), shall at least ten (10) days prior to
the sale or transfer, inform the Department in writing of the name,
address and telephone number of the proposed new owner or
custodian, and/or the proposed new residence, and the name and
description of the animal(s). The Department may prohibit the
proposed transfer for cause.
The owner and/or custodian shall, in addition, notify any new
owner or custodian in writing regarding the details of the animal's
record, and the terms and conditions for maintenance of the animal.
The owner and/or custodian shall also provide the Department with
a copy thereof containing an acknowledgment by the new owner or
custodian of his/her receipt of the original and acceptance of the
terms or conditions. The Department may impose different or
additional restrictions or conditions upon the new owner or
custodian.
If the animal should die, the owner and/or custodian shall
notify the Department no later than twenty four (24) hours
thereafter and, upon request, produce the animal(s) for
verification. If the animal escapes, the owner and/or custodian
shall notify the Department and make every reasonable effort to
recapture it. Any person who violates any provision of this
subdivision is guilty of a misdemeanor.
(e) POSSESSION UNLAWFUL. It is unlawful to have custody of,
own or possess an animal regulated as a public nuisance unless it
is restrained or confined to prevent it from being at large or from
causing damage to any property or injury to any person. Any person
who violates any provision of this subdivision is guilty of a
misdemeanor.
(f) SURRENDER OF ANIMAL UPON DEMAND. The owner and/or
custodian of an animal regulated as a public nuisance shall
surrender such animal to the Department upon demand.
Any person who violates any provision of subdivisions (a),
cd), (e), or (f), of this section is guilty of a misdemeanor.
Sec. 62.683. INJURIES AND COMMUNICABLE DISEASES. No person
shall knowingly harbor or keep any dog or other animal with a
serious injury or afflicted with mange, ringworm, distemper or any
other contagious disease, unless such dog or other animal is, in
the opinion of the Department or the County Veterinarian, being
given adequate treatment for such disease. The Department or the
County Veterinarian may take immediate possession of any such
animal not being so treated or which is not responding to such
treatment, and immediately dispose of the animal unless the owner
shall forthwith place such animal under the control and treatment
of a licensed veterinarian. Any person who violates any provision
of this section is guilty of a misdemeanor.
Sec. 62.684. HEARINGS.
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I.
(a) All hearings required pursuant to this article shall be
conducted by an employee designated by the Director who shall not
have been directly involved in the subject action. Hearings shall be held not more than thirty (30) days from the date of receipt of
the request for the hearing and shall be conducted in an informal
manner consistent with due process of law. A hearing may be
continued if the hearing officer deems it necessary and proper or
if the owner or custodian shows good cause. The designated
employee shall render a brief written decision which shall be final
except as otherwise provided herein. The failure to conduct a
hearing required by this article shall have no bearing on any
criminal prosecution for violation of any of the provisions of this
article.
(b) Each party shall have these rights: To call and examine
witnesses; to introduce exhibits; to cross-examine opposing
witnesses on any matter relevant to the issues even though that
matter was not covered in the direct examination; to impeach any
witness regardless of which party first called the witness to
testify; and to rebut the evidence against the party. If the
owner/custodian does not testify in his/her own behalf, the
owner/custodian may be called and examined as if under cross-
examination.
Cc) The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant evidence
shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of such
evidence over objection in civil actions. Hearsay evidence may be
used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil actions. The
rules of privilege shall be effective to the same extent that they
are now or hereafter may be recognized in civil actions and
irrelevant and unduly repetitious evidence shall be excluded.
(d) - In any case where the hearing officer determines that a
Dangerous Dog declaration shall be issued and/or that an abatement
remedy shall be imposed, the owner of the animal(s) in question
shall be served a written notice that he/she may, within five (5)
working days, apply for a departmental administrative review of the
record. Such application for review shall be in writing and shall
briefly set forth the reasons why the owner believes that the
decision is not proper.
The departmental review of the record shall be conducted by
the Director personally or by a designated employee who shall not
have been directly involved in the subject action and who shall not
be junior in rank to the hearing officer.
The effect of a hearing decision to abate an animal by
destruction shall be stayed while a departmental administrative
review is pending or until the time period for applying for such
review has expired. There shall be no stay of the effect of a
decision of a hearing in which a Dangerous Dog declaration is
issued and/or a condition for the continued ownership of the animal
is imposed.
If a departmental administrative review is requested, the
review of the record shall extend to the questions whether the
Department has proceeded without, or in excess of its authority;
whether there was a fair hearing; and whether there was any prejudicial abuse of discretion. Abuse of discretion is
established if the Department has not proceeded in the manner
required by law, the decision is not supported by the findings, or
the findings are not supported by substantial evidence in light of
the whole record. l
At the conclusion of the administrative review, the individual-
reviewing the record may uphold, modify, or rescind the decision of
the hearing officer, or may order the reconsideration of the case.
The individual reviewing the record shall prepare a brief written
report concerning his/her review of the case.
If a decision by the hearing officer to abate an animal .by
destruction is upheld by the individual reviewing the record, the
owner/possessor shall be served a written notice that he/she may
apply for a writ of mandate or other order from Superior Court
within five (5) working days to contest the decision. The
disposition of the animal shall be stayed while an appeal is
pending or until the time for filing such appeal has expired.
Sec. 62.685. GUARD DOGS.
(a) GENERAL PROVISIONS. Any "Guard Dog Operator", in
addition to any requirements of The Dog Act of 1969 (Health And
Safety Code 25970 et seq.), shall:
(1) Comply with all applicable federal, state and local
laws, regulations, and permit requirements
affecting the keeping of a "Guard Dog" and/or the
operation of a "Guard Dog" business. Upon demand
by the Department or any other law enforcement
agency, each "Guard Dog Operator", must demonstrate
compliance with all applicable laws, regulations,
and permit requirements affecting the keeping of a
"Guard Dog" and/or the operation of a "Guard Dog"
business.
(2) Notify the local law enforcement agency and fire
department which provide police and fire
suppression services, and the Director of Animal
Control, in writing of the location of the "Guard
Dog Operator" office, base facility, and/or kennel,
where any dogs are maintained for any period.
(3) Ensure each dog furnished or assigned to any
facility within the unincorporated area of San
Diego County or any city in which the Department
provides animal control services is wearing a
County of San Diego dog license tag before such
furnishing or assigning of the dog. This licensing
requirement is in addition to the identification
tag specified in (4) below. Notwithstanding the
provisions of Section 62.646 of this Code, a "Guard
Dog Operator" shall obtain individual dog licenses.
for each dog, whether or not it is kept in a
"Kennel" as defined by this Code.
(4) Ensure that each dog is wearing a durable
identification tag in addition to a County of San
Diego dog license tag. The identification tag
provided by the "Guard Dog OperatorI shall contain
the name, address, and telephone number of the
"Guard Dog Operator" furnishing the "Guard Dog".
The telephone number so provided shall be to a
telephone which is answered by a person 24 hours
per day every day of the year. In addition, a dog
handler shall be available at all times to respond
in a timely manner to reports regarding a dog which
has escaped, is injured, or presents a risk of harm
to animal or public health, safety, or welfare.
(5) Provide positive identification for each dog by an
individual tattoo number or implantation of a
microchip of a type and in a manner approved by the
Department. Any tattoo shall be placed on the
inside right groin area of the dog. The "Guard Dog
Operator" shall also provide the Director of Animal
-
Control with a written list of dogs to be assigned
to any facility within the unincorporated area of
San Diego County or any city in which the Department provides animal control services. Such list shall include each dog's name and description,
along with the license and identification numbers.
(6) Notify the local law enforcement agency and fire
department which provide police and fire
suppression services, and the Director of Animal
Control, in writing prior to, but not more than,
fifteen (15) days before a dog is sent on an
assignment of the location and duration of such
assignment. In addition, such notification shall
be provided, within fifteen (15) days, when the
assignment of the dog is terminated.
(7) Ensure that dogs working with supervision in an
unfenced area, yard, or premises, be controlled on
a I'Leash" as defined in this Code. Dogs working
without supervision shall be confined within a
fenced or otherwise enclosed facility not open to
the public. The fence or other enclosure shall be
of sufficient structural strength and height with.
locked gates and/or doors to ensure the strict
confinement of the dog and to prevent unauthorized
access. The fence or other enclosure is subject to
inspection and approval by the Department. The
"Guard Dog Operatorll may be required to pay a
reasonable fee to recover the costs of such
inspection.
In addition, ensure that each dog, whether or not
on duty, is visited at least once every twelve (12)
hours and that each dog has adequate food, water
and shelter. Any dog which is sick- or injured
shall be provided proper care and attention and, if
on duty, shall be removed from the site. Dogs
shall not be kept or maintained on a chain or
tether. Dogs shall not be kept or maintained, for
any period of time, in an enclosure area with less
than twelve feet by five feet (12' x 5') floor
space or in any enclosure area without adequate
ventilation.
Further, ensure that the dog is not knowingly
overworked, or tortured, tormented, neglected,
abandoned, deprived of necessary sustenance or
care, drink or shelter, beaten, mutilated, or
unjustifiably killed. The words "torment" and
"torturelV include every act, omission, or neglect
whereby unnecessary or unjustifiable physical pain
or suffering is cause or permitted.
(8) Obtain and maintain liability insurance issued by
an insurance c-ompany authorized to transact
business in this state which provides minimum
limits of insurance of five hundred thousand
dollars ($500,000) for any one loss due to bodily
injury or death and five hundred thousand dollars
($500,000) for any one loss due to injury or
destruction of property. The "Guard Dog Operator"
shall also furnish the Director of Animal Control
with a certificate or photocopy of the insurance
policy and notify the Director at least ten (10)
days prior to cancellation or non-renewal of the
policy.
(9) Ensure that durable signs of sufficient size
containing both a clear pictorial depiction of a
guard dog and a legible written warning of the.
presence of a guard dog are conspicuously posted
and maintained at every entrance and at reasonable
intervals on the fence or other enclosure where the
dog is to be assigned so as to be clearly visible.
Signs shall also include the name and telephone
number of the "Guard Dog Operator" furnishing the
"Guard Dog". The telephone number so provided
shall be to a telephone which is answered by a
person 24 hours per day every day of the year. In
addition, a dog handler shall be available at all
times to respond in a timely manner to reports
regarding a dog which has escaped, is sick,
injured, or presents a risk of harm to animal or
public health, safety, or welfare.
(10) Provide a written statement to any person who
obtains a "Guard Dog" on hire, prior to a dog being
sent on assignment, containing the following:
"In addition to other provisions of law, any
person or business entity with custody of a
guard dog is responsible for preventing the
dog from being 'At Large', within the meaning
of the San Diego County Code, and from attacking or injuring a person engaged in a
lawful act. Any person who obtains a dog on
hire shall immediately notify the guard dog
operator and the Department of Animal Control
at 278-9760 in the event an escaped dog is not
immediately recaptured.
"Section 62.615 of the County Code provides in
part that any person owning or having custody
or control of a dog which bites a person,
shall notify the Department as soon as
possible thereafter.
"Guard dog operators and the keeping or
maintenance of guard dogs are regulated by the
County of San Diego Department of Animal
Control, 5480 Gaines Street, San Diego,
California, 92110-2687.~~
The "Guard Dog Operator" shall also provide the
Director of Animal Control with a copy thereof
containing an acknowledgment of receipt, signed and
dated by the person who obtained the dog on hire..
Such acknowledgement shall also include the printed
name, address, and telephone number of the "Guard
Dog Operator" and the person who obtained the dog
on hire.
(11) Transport the dog in a secure, humane manner that
will reasonably prevent its possible escape.
(12) Make every reasonable effort to recapture an
escaped dog and, if not immediately recaptured,
notify the Department.
(13) Reimburse the Department for all costs incurred in
enforcing the provisions of this section.
(b) any person who obtains a "Guard Dog" on hire shall
immediately notify the "Guard Dog Operator" and the Department by
telephone in the event an escaped dog is not immediately
recaptured.
(cl The sale, transfer, or use as a "Guard Dog" of any
"Dangerous Dog" as defined in this Code is prohibited whether or
I not the dog had been declared a "Dangerous Dog" pursuant to Section
. 62.674.
(d) Any dog kept in violation of this section shall be deemed
a public nuisance and may be impounded and/or abated pursuant to
the provisions of Section 62.682 of this Code.
(e) Any person who violates any provision of this section is
guilty of a misdemeanor.
,*t * PROOF OF PUE ,‘ATION
(2010 & 2011 C.C.P.)
- STATE OF CALIFORNIA
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 matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
October 12, 1996
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this 14th day
of Oct. 1996
NORTH COUNTY TIMES
Legal Advertising
This spat j for the County Clerk’s Filing Stamp
Proof of Publication of
Notice of public Hearing --------------------------
-- I I
eguletions which will be re on file in the office of ere open to,*publlc
NOTICE OF PUBLIC HEARING
ADOPTION OF REVISED COUNTY ANIMAL CONTROL RFGULATIONS
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, October 22, 1996, to consider the adoption, by reference, of the revisions to Chapter 6, Division 2, Title 6, of the San Diego County Code of Regulatory Ordinances for Animal Control.
Copies of the Regulations which will be adopted by reference are on file in the Office of the City Clerk and are open to
public inspection.
APPLICANT: City of Carlsbad PUBLISH: October 12, 1996
CARLSBAD CITY COUNCIL
C -Y OF CARLSBAD - AGE -IA BILL
AB r# a TITLE:
MTG. 16--k-‘)(p
DEPT. POL
ADOPTION OF COUNTY ANIMAL CONTROL
REGULATIONS BY REFERENCE
rence on October 22, 996
The agreement between the City of
the provision of animal control services requires that e City adopt the San Diego County Code of Regulatory Ordinance, Title 6, vision 2, Chapters 6 and 7 dealing with animal control.
However, there are several amendments rel protection dogs and guard dogs for hire whi
ated to animal control ipal Code Chapter 7.08
ion of the County.
re no longer adequately
FISCAL IMPACT:
None.
EXHIBITS:
1. Ordinance No. AIS -Jg/.
2. Copy of “Explanation of Proposed ndments.”
3. Copy of San Diego County Code of gulatory Ordinance, Title 6,
2, Chapters 6 and 7, as amended 7 effec ve August 11, 1994.
Division