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HomeMy WebLinkAbout2001-06-05; City Council; 16211; Revised San Diego County Animal Control OrdinanceCITY OF CARLSBAD -AGENDA BILL AB# 16: 211 TITLE- 6 -5-01 INTRODUCE ORDINANCE ADOPTING THE REVISED SAN DEPT. HD. MTG. DIEGO COUNTY ANIMAL CONTROL ORDINANCE BY CITY ATTY. * DEPT. POL REFERENCE RECOMMENDED ACTION: Introduce Ordinance No. N S- s&at the f irs reading and set a public hearing for adoption t of the amended San Diego County Code by reference on June 19, 2001 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 November 1, 2000, the San Diego County Board of Supervisors adopted an ordinance amending portions of the County Code related to animal control, effective December 15, 2000. Therefore, Carlsbad Municipal Code Chapter 7.08 must be amended to adopt the newly amended provision of the County. The amendments make various minor changes to improve consistency, clarity, and grammar, and also reflect the following three substantive changes: 1) Section 62.602(e) is amended to permit the court, upon conviction of a person charged with a violation of any provision of this chapter classified as a misdemeanor, to order that the convicted person be prohibited from having any contact with animals of any kind for a period of up to three years, if the court deems such action is reasonably necessary to ensure animal or public health, safety, or welfare; 2) Section 62.669(b) is added to require any person owning or having custody or control of a dog that is lawfully on any private property, to keep the dog either on a leash or tether, under direct and effective control by voice or electronic pet containment system, or in a building or enclosure that is adequate to ensure the physical confinement of the dog and meet humane standards; and 3) Section 62.679(d) is added to permit the Department of Animal Control to require owners redeeming lawfully impounded dogs or cats found at large without identification to pay for implementation of microchip identification in addition to other redemption fees, unless the owner objects to the implantation of microchip identification. FISCAL IMPACT: None. EXHIBITS: 1. Ordinance No. -W 5 * 526. 2. Copy of “Summary of Ordinance.” 3. Copy of “Explanation of Proposed Sunset Review Changes to Chapter 6 of Division 2 of Title 6 of the County Code.” 4. Copy of San Diego County Code of Regulatory Ordinance, Title 6, Division 2, Chapters 6 and 7, as amended effective December 15,200O. 1 2 3 4 5 ii 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH RABIES, ANIMAL CONTROL AND REGULATIONS AND TO SPECIFY THE PENALTIES FOR VIOLATION The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 7, Chapter 7.08, Section 7.08.010 of the Carlsbad Municipal Zode is amended to read as follows: 7.08.010 AdoDted bv Reference Title 6, Division 2, Chapters 6 and 7 of the San Diego County Code of Regulatory )rdinances, as amended through December 15, 2000, relating to rabies, animal control and egulation is adopted by reference and incorporated as part of this code, except that whatever brovisions thereof refer to a County of San Diego board, territory, area, agency, official, amployee, 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 he same capacity on behalf of the City. A copy of the referenced ordinance is on file in the City Xerk’s Office. SECTION 2: That Section 7.08.020 is added to Title 7, Chapter 7.08 of the Carlsbad Aunicipal Code to read as follows: 7.08.020 Penalties for Violation The penalties for violating provisions of the referenced ordinance shall be as specified in lhapter 1.08 of this code. In addition to these penalties, a court, if it finds it reasonably iecessary to ensure animal or public health, safety and welfare, may order a person convicted of :ny provision of the referenced ordinance classified as a misdemeanor to refrain from having any ontact with animals of any kind for a period of up to three years. Furthermore, the court would Iso be permitted to require the convicted person to deliver all animals in his or her possession, ustody, or control to the Department of Animal Control or other designated entity for lawful isposition, or provide proof that he or she no longer has possession, care, or control of any nimats. 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective 30 days after itsadoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least ona n a newspaper of general circulation within 15 days after its adoption. lNTRODUCED AND FlRST READ at a regular meeting of the Carlsbad City Council on :he 5th day of tune 2001, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council fo the City of Carlsbad )n the day of ~, 2001, by the following vote to wit: AYES: NOES: ABSENT: 4PPROVED AS TO FORM AND LEGALITY iON R. BALL, City Attorney CLAUDE A. LEWIS, Mayor i-l-TEST: .ORRAlNE M. WOOD, City Clerk 3 SUlUMARY OF ORDINANCE 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. This ordinance repeals and readopts a revised Chapter 6 of Division 2 of Title 6 of the San Diego County Code relating to animal control. The amendments make various minor changes to improve consistency, clarity, and grammar, and also reflect the following three substantive changes: 62.662(e): This section is amended to permit the court, upon conviction of a person charged with a violation of any provision of this chapter classified as a misdemeanor, to order that the convicted person be prohibited from having any contact with animals of any kind for a period of up to three years, if the court deems such action as reasonably necessary to ensure animal or public health, safety, or welfare. The court is also permitted to require the convicted person to deliver all animals in his or her possession, custody, or control to the Department or other designated entity for lawful disposition, or provide proof that he or she no longer has possession, care, or control of any animals. Courts have held that forfeiture of animals cannot be compelled in the absence of enabling legislation. Former section 62,602 provided such authority for courts upon conviction of a person charged with a violation of specified sections of this chapter classified as a misdemeanor. This amendment parallels analogous language in Penal Code Section 597.1(k) and permits the court to exercise such discretion upon conviction of a person charged with a violation of any provision of this chapter classified as a misdemeanor, provided that the court deems such action as reasonably necessary to ensure animal or public health, safety, or welfare. This discretion is a reasonable and important remedy in misdemeanor cases involving animal cruelty, habitual offenders, animal collectors, or other aggravating circumstances. 62.669(b): This section is added to require any person owning or having custody or control of a dog that is lawfully on any private property, to keep the dog either on a leash or tether, under direct and effective control by voice or electronic pet containment system, or in a building or enclosure that is adequate to ensure the physical confinement of the dog and meet humane standards. Formerly, dog owners could permit their dogs to go unrestrained and unattended on unenclosed private property. Many dogs kept in such circumstances would leave the private property, go at large, damage or destroy personal property, attack or injure people or animals, interfere with the lawful use of public or private property, or become lost or injured. Dog bites occur on the owner’s property 70% of the time. The Insurance Institute estimates that up to one-third of homeowners liability claims are for dog attacks and the insurance industry paid an estimated $1 billion in dog bite claims during 1994. This reasonable common sense amendment helps to protect people and animals, and does not require owners to construct or maintain an enclosure for their dogs if their dogs (while on private property) are kept on a leash or tether, under direct and effective control by voice or electronic pet containment system, or in their residence. However, providing adequate restraint for a dog left outdoors and unattended is an essential part of responsible pet ownership. The added language further provides that nothing in the subsection would be construed to afford impoundment authority. Instead, owners who fail to comply with these provisions could be issued a citation for the violation (classified as an infraction), and any impoundment action taken would need to be based on other grounds. This is consistent with achieving the vision of a “no-kill San Diego County”, and strategies to keep pets at home, and reduce the number of lost pets impounded at shelters. 62.679(d): This section is added to permit the Department to require owners redeeming lawfully impounded dogs or cats found at large without identification to pay for implantation of microchip identification in addition to other redemption fees, unless the owner objects to the implantation of microchip identification. Most stray animals impounded by shelters have no identification, and consequently it is not possible to notify the owners of these animals of their impoundment and location. This requirement would be limited to redemption of impounded dogs and cats found at large without identification, and will help ensure the return of these animals should they become lost again. This is consistent with achieving the vision of a “no-kill San Diego County”, and strategies to reduce euthanasia. 5 EXPLANATION OF PROPOSED SUNSET REVIEW CHANGES TO CHAPTER 6 OF DIVISION 2 OF TITLE 6 OF THE COUNTY CODE. 62.602(b): This section (that classifies violations) would be amended to reflect the proposed division of section 62.669 into two subsections, the first of which is already classified as a misdemeanor (62.669[a]). 62.602(e): This section would be amended to permit the court, upon conviction of a person charged with a violation of any provision of this chapter classified as a misdemeanor, to order that the convicted person be prohibited from having any contact with animals of any kind for a period of up to three years, if the court deems such action as reasonably necessary to ensure animal or public health, safety, or welfare. The court would also be permitted to require the convicted person to deliver all animals in his or her possession, custody, or control to the Department or other designated entity for lawful disposition, or provide proof that he or she no longer has possession, care, or control of any animals. Courts have held that forfeiture of animals cannot be compelled in the absence of enabling legislation. Section 62.602 currently provides such authority for courts upon conviction of a person charged with a violation of specified sections of this chapter classified as a misdemeanor. This amendment parallels analogous language in Penal Code Section 597.1(k) and would permit the court to exercise such discretion upon conviction of a person charged with a violation of any provision of this chapter classified as a misdemeanor, provided that the court deems such action as reasonably necessary to ensure animal or public health, safety, or welfare. This discretion is a reasonable and important remedy in misdemeanor cases involving animal cruelty, habitual offenders, animal collectors, or other aggravating circumstances. 62620(a): This section would be amended with a numerical style adjustment for consistency with other existing sections. 62.661(a): This section would be amended to clarify that the Department has authority to enforce sections 62.700 and 62.701 of the County Code relating to animals in vehicles. 62.669(b): This section would be added to require any person owning or having custody or control of a dog that is lawfully on any private property, to keep the dog either on a leash or tether, under direct and effective control by voice or electronic pet containment system, or in a building or enclosure that is adequate to ensure the physical confinement of the dog and meet humane standards. Currently, dog owners may permit their dogs to go unrestrained and unattended on unenclosed private property. Many dogs kept in such circumstances will leave the private property, go at large, damage or destroy personal property, attack or injure people or animals, interfere with the lawful use of public or private property, or become lost or injured. Dog bites occur on the owner’s property 70% of the time. The Insurance Institute estimates that up to one-third of homeowners liability claims are for dog attacks and the insurance industry paid an estimated $1 billion in dog bite claims during 1994. This reasonable common sense amendment will help protect people and animals, and will not require owners to construct or maintain an enclosure for their dogs if their dogs (while on private property) are kept on a leash or tether, under direct and effective control by voice or electronic pet containment system, or in their residence. However, providing adequate restraint for a dog left outdoors and unattended is an essential part of responsible pet ownership. The proposed language would further provide that nothing in the subsection would be construed to afford impoundment authority. Instead, owners who fail to comply with these provisions could be issued a citation for the violation (classified as an infraction), and any impoundment action taken would need to be based on other grounds. This is consistent with achieving the vision of a “no-kill San Diego County”, and strategies to keep pets at home, and reduce the number of lost pets impounded at shelters. 62.669.1(b): This section would be amended by clarifying that the required altering deposit would apply only in cases where an unaltered dog bites a person engaged in a ZmvfuZ act. This section was recently added to require the owner of any unaltered dog that bites a person to pay (in addition to any other applicable fees) a refundable altering deposit. This is similar to the refundable deposit currently required upon redemption of any impounded unaltered dog or cat found at large. Unaltered dogs are far more likely than altered dogs to bite people. This is intended to help protect the health and safety of people and animals, and encourage (but not require) the altering of biter dogs. NOTE: The Board previously adopted amendments to the County Code proposed by the Department (Ordinance No. 9098; Minute Order No. 27, November 16, 1999). As a part of this process the Department submitted two review copies; one delineated the proposed added and deleted language by strikeout and underlining, and the other included the proposed changes in a clean unmarked copy. Section 62.669.1(b) (one of the provisions approved by the Board) was included in the clean unmarked copy we submitted but inadvertently omitted in the strikeout and underlined version. 62.674(b): This section would be amended for consistency with existing related sections requiring a request for hearing to be submitted to the Department in writing. 62.674(c): This section would be amended to clarify the distinction between a “notice” of abatement provided by the Department and a written “request” for a hearing submitted to the Department. 62.674(d): This section would be amended with a numerical style adjustment for consistency with other existing sections. 62.679: This title would be amended to reflect the permissive microchip fee requirement added by 62.679(d). 62.679(d): This section would be added to permit the Department to require owners redeeming lawfully impounded dogs or cats found at large without identification to pay for implantation of microchip identification in addition to other redemption fees, unless the owner objects to the implantation of microchip identification. Most stray animals impounded by shelters have no identification, and consequently it is not possible to notify the owners of these animals of their impoundment and location. This permissive authority would be limited to redemption of impounded animals found at large without identification, and would help ensure the return of these animals should they become lost again. This is consistent with achieving the vision of a “no-kill San Diego County”, and strategies to reduce euthanasia. 62.681(f): This section would be amended for consistency with existing related sections requiring a request for hearing to be submitted to the Department in writing and providing five (5) rather than three (3) “Business Days” for submission of the request. 62.682(b): This section would be amended for consistency with existing related sections requiring a request for hearing to be submitted to the Department in writing. 62.682(c): This section would be amended to clarify the distinction between a “notice” of abatement provided by the Department and a written “request” for a hearing submitted to the Department. 62.682(d): This section would be amended with a numerical style adjustment for consistency with other existing sections. 62.684(a): This section would be amended with a minor grammatical correction. 62.685(a)(7): This section would be amended to clarify that the “Leash” required to restrain a “Guard Dog” working in an unenclosed area open to the public must be handheld. 8 ORDINANCE NO. (NEW SERIES), EFF. . AN ORDINANCE REPEALING THE EXISTING AND ADOPTING A REVISED CHAPTER 6 OF DIVISION 2 OF TITLE 6 OFTHE 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: (4 “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 TEMPERATURE” means the temperature surrounding the animal. (cl mammals. “ANIMAL” shall include but not be limited to birds, fishes, reptiles, and non-human Cd) “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. W “ATTACK” means any action by an animal which places a person in reasonable apprehension of immediate bodily harm. (0 “BOARD OF SUPERVISORS” means the County of San Diego, Board of Supervisors. “CAT” means a FeZis domesticus of either sex, altered or unaltered. (h) “COUNTY” means the County of San Diego. 4 (3) The type, lot number, and manufacturer of the rabies vaccine; (4) The date of vaccination; (5) The signature, or an authorized signature, of the veterinarian administering the vaccine. 09 “GUARD DOG” means: (1) A “sentry dog” as defined in The Dog Act of 1969 (Health And Safety Code section 121880). (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. 6) “GUARD DOG OPERATOR” means: (1) A “sentry dog company” as defined in The Dog Act of 1969 (Health And Safety Code section 121895). (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. 0) “HEALTH OFFICER” means the County of San Diego, Health Officer, his/her agents or deputies. . 00 “IMPOUNDED ANIMAL” means any animal in the custody or control of the Department as provided in this chapter. 09 “INDOOR HOUSTNG 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), enclos- ure(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 to (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 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. (W “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. (W “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. (mm) “BUSINESS DAYS” means any days on which County Animal Shelter facilities are open to the public. Sec. 62.602. VIOLATION - INFRACTION - MISDEMEANOR. (4 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 subsection (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(~),62.668(d),62.668(e), 62.669(a), 62.669.1,62.669.5, 62.672,62.673,62.674(d), 62.674(e), 62.674(f), 62.674(g), 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. cc> 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. W Upon the conviction of a person charged with a violation of any provision of this chapter classified as a misdemeanor, the court may order, in addition to any other remedy authorized by law, that the convicted person be prohibited from owning, possessing, caring for, or having any contact with, animals of any kind 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. Furthermore, the court may require the convicted person to immediately deliver all animals in his or her possession, custody or control, to the Department or other designated entity for adoption or 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 Sec. 62.618. ANIMALS POSSLBLY 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 in intimate contact with such an animal 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 a period of six months or destroyed. 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, and any altering deposit or fee required by this chapter. ARTICLE 3 DOG LICENSES Sec. 62.620. DOG LICENSE REQUIRED. 6-9 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 (4) months old. Such persons must possess the license at the time the dog is five (5) months old or thirty (30) days after obtaining or bringing any dog over four (4) 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. Cc) 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 Sec. 62.630. ESTABLISHMENT OF ANIMAL MELTERS. 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. 62.63 1. ESTABLISHMENT OF ANIMALDISPOSAL 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 humane disposal. The owner or possessor of such animals shall first complete appropriate forms setting forth the facts constituting such ownership 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. ARTICLE5 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 section 16.113 and/or section 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. Sec. 62.645.1. FACILITIES, GENERAL. (a) STRUCTURAL STRENGTH. Indoor and outdoor housing facilities shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. Crates and boxes, automobile bodies, scrap materials salvaged from plyboards, odd pieces of material such as linoleum, tin, canvas and other such materials are not suitable and shall not be used. (b) FENCING. Any fencing shall be in conformance with planning/zoning requirements and be ofsuitable 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. (cl 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 infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. W 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. 03 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. (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. (cl 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 RFQ UREMENTS FOR DOGS. (a) A primary enclosure shall never house more than twelve (12) dogs of any size. V-4 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. w Any primary enclosure(s) and/or kennel house(s) of kennels which were not licensed on September 11, 1986, and those completed or installed in any kennel after September 11, 1986, shall meet the following space requirements. WEIGHT OF MINIMUM SPACE REQUIREMENTS DOG IN POUNDS PRIMARY ENCLOSURE KENNEL HOUSE up to 15 Over 15 to 35 Over 35 to 65 Over 65 to 95 Over 95 to 130 Over 130 WIDTH SQ FOOTAGE WIDTH SQ FOOTAGE 2.0’ 6.0 1.5’ 3.0 2.5’ 10.0 2.0’ 5.0 3.0’ 15.0 2.5’ 7.5 3.0’ 18.0 2.5’ 9.0 3.5’ 24.0 3.0’ 12.0 4.0’ 32.0 3.5’ 14.0 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 sanitized 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, Containers shall be designed sufficient to prevent tipping and spilling the water contained therein. If necessary to accomplish this, the containers shall be secured to a solid structure. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks. Sec. 62645.10. SANITATION OFPRIMARY ENCLOSURES ANDKENN’ELHOUSES. (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. W SANITJZING. 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 shah 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 disinfectant, 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. Cc) 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. 62.645.11. EMPLOYEES. A sufficient number of caretakers shall be utilized to maintain the standards set forth in this section. 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. ARTICLE 6 CONTROL PROVISIONS Sec. 62.660. PRES‘UMPTION 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. (W 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 “Dangerous 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. ENFORCEMEMT 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, sections 62.700 and 62.701 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: (1) Article 2 (commencing with section 62.610). (4) The person does not agree to, or cannot, promptly correct the violation. Cc) 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) Animals shall be humanely treated at’all times. w Vaccinations, licenses, and permits shall be obtained as required by law. Cd) 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. (4 Animals and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard. Any person who violates any provision of subsections (d) or (e) of this section is guilty of a misdemeanor. 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 (es&us) 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 ha&or 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 fust 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) “Business Days” from service of the notice 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. Such notice shall be in writing and must be received by the Department within the specified time period. 4. Failure of the owner and/or custodian to request a hearing pursuant to subsection (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. take place until the conclusion of the hearing except as noted in subsection (c). Such request shall be in writing and must be received by the Department within the specified time period. (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) “Business Days” from service of the notice to request an abatement hearing. Such request shall be in writing and must be received by the Department within the specified time period. 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 subsection (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 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 subsection is guilty of a misdemeanor. @> POSSESSION UNLAWFUL. It is unlawful to have custody of, own or possess a “Dangerous Do, 0” 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 subsection is guilty of a misdemeanor. (0 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 subsection (a) (6). Any person who violates any provision of this subsection is guilty of a misdemeanor. Department shall immediately post at the owner’s address of record, or 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) “Business Days” from the date of service request a hearing as to the legality of the impoundment. Such request shall be in writing and must be received by the Department within the specified time period. 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. of other special redemption, adoption, or release programs. The Director may waive or adjust applicable fees established by the Board of Supervisors in conjunction with such programs, provided that the animals involved shall be vaccinated for rabies and shall be altered as required by law. Sec. 62.68 1. WILD ANIMALS. (a) VENOMOUS REPTILES. It shall be unlawful for any person to own, possess or maintain any venomous reptile. W 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. w 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); Cd) 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. (d EXCEPTIONS. Subsections (a), (c), and (d) of this section do not apply to: (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. 3. 4. 5. Requirements as to size, construction and design of enclosure; Location of the animal’s residence; Requirements as to type and method of restraints of the animal; 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. W NOTlFICATION OF RIGHT. TO HEARING. At least tive (5) “Business 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. Any person who violates any provision of subsections (a), (d), (e), or (f), of this section is guilty of a misdemeanor. Sec. 62.683. INJURIES AND COMMUNICABLE DISEASES. No 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. (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 that 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. w 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. Cd) 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) “Business Days” from service of the notice, apply for a departmental administrative review of the record. Such application for review shall be in writing, shall briefly set forth the reasons why the owner believes that the decision is not proper, and must be received by the Department within the specified time period. (4) (5) 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. 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 Operator” 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. 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 handheld “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 Operator” 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 (11) (12) (13) “Section 62.615 of the San Diego 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 acknowiedgement shall also include the printed name, address, and telephone number of the “Guard Dog Operator” and the person who obtained the dog on hire. Transport the dog in a secure, humane manner that will reasonably prevent its possible escape. Make every reasonable effort to recapture an escaped dog and, if not immediately recaptured, notify the Department. Reimburse the Department for all costs incurred in enforcing the provisions of this section. (W 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 not the dog had been declared a “Dangerous Dog” pursuant to section 62.674. W 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. W Any person who violates any provision of this section is guilty of a misdemeanor.