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HomeMy WebLinkAbout2009 Ordinance No. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER-4 OF'THE BUTTE COUNTY-CODE 1 2 3 4 5 6 7 S 9 10 Z1 i2 ~.3 . ].4 7.5 16 i~ 18 is 20 .._ . -- _.y2Z 22 23 24 25 26 The Board of Supervisors of the County of Butte, State of California, DO ORDAIN, as follows: Section 1. That Article I of Chapter 4.of the Butte County Code is hereby azn.ended to read as follows: ARTICLE I. DOGS §4-l. Running at large prohibited. It shall be unlawful for any person owning, possessing, or having the custody or control of a dog to allow ar permit such dog,~whether licensed or unlicensed, to be or run in or upon any public or private place or premises within the county other than those of such owner or custodian, except in the following instances: (a) Upon the private premises of another, by and with the consent of the owner of such private premises; (b} Upon a public street, sidewalk or way, while under the effective control of a person capable of controlling and who does maintain effective control of such dog at all times, to the end that such dog shah. not be allowed to commit any act of nuisance. §4-l.l. Nuisances -- Prohibited. No :owner-~_or--pers.on_:.hawi~:g._~he.~:p.ossessian., custody , or control of a dog within the county shall allow or permit such dog to commit a nuisance upon any public or any private property; provided, that this. shall not apply to street gutters outside of pedestrian ways, it being the intent of this section that it shall be the duty of ail persons having control of a dog to curb such i 2 3 4 5 6 7 8 9 IQ Il I2 I3 I4 15' 16 17 18 19 2d __ .2L.. 22 23 24 25 28 dog when necessary. §4-1.2. Same - Defined. T~Tithaut limitation as to the general provisions of section 4-1.1, the following specific acts and conditiox~.s committed by a dog are hereby declared to be unlawful and to constitute a public nuisance, ari.d the owner or person having possession, custody or control of a dog co~unitting any of the following, shall be subject to the penalties provided by the chapter: (a) Being in or upon any public or private school grounds, except when authorized by appropriate school officials; (b) Annoying, harassing, nipping, mauling or biting any person or persons; (c) A female dog in breedable condition (in heat), being within the county, except when confined in or upon the premises of its owner or custodian; {d) Damaging or destroying any property or.~.• thing of value; (e) Creating a disturbance in a neighborhood by howling, barking or making unusual noises; __ .._.. __ ~_. __ _- .---: .w_(f)-..._ Committing ._excretion -on.-pr~i.vate. _ .p.roperty . - other than the property of its owner or custodian. §4-1.3. Same - Abatement. When any condition prohibited bysection 4--1.2 is found to exist, the Poundmaster, or other authorized person, may, except when such condition occurs on the owner's premises, to 1 2 3 4 5 s 7 8 9 10 i~ 12 13 Z4 15 16 17 18 19 20 - _~w.....21- 22 23 24 23 26 impound such dog in the animal control shelter. and, the district attorney, after review and investigation of the condition., is authorized to institute abatement proceedings against the owner of such dog in the manner provided by law. if any such condition occurs on the owner`s premises the district attorney, after review and investigation, is authorized to institute abatement proceedings against the owner of such dog in the manner provided~by law. The remedy herein provided is nonexclusive and .may be pursued singularly or concurrently with any penal process provided for any violation of any provision of this chapter. §4--1.4. Penalty for violation of sections 4-1 through 4-1.3. Any person violating any provision of sections 4-1 through 4-1.3 shall be guilty of a misdemeanor, punishable by fine or fines of not less than fifteen dollars ($15.00) for the first offense occurring during any license year; of not less than fifty dollars (,$50.00) for a second offense .,wring any license year; and of not less than one hundred dollars {$100.00} for a third or subsequent offense occurring in said licensing year. §4-Z _ ,.:_Regstra~~o~.:. required. „of dog ;owners .. ... Every person who lives in the unincorporated area of the county and who owns or keeps a dog that is over four (4) months old shall register his dog biannually during-the month of July or within thirty (30) days after such dog reaches the age of four (4) months or within thirty (30) days after such person moves into .the unincorporated area of the county. §4--3. License required of kennel owners. Every person who owns or controls a kennel or other place in the unincorporated areas of the county where more than five {5) dogs are kept for breeding purposes, training, sale or other commercial purposes, shall obtain a kennel. license during the month of .su1y of each year or within thirty (30} days after the kennel is~established. §4-4. Fees; late registration. (a) The fee for kennel licenses shall~be ten dollars ($10.00). 1 2 3 4 s 6 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 22 23 24 25 26 (b) The biannual fee for dog registration shall be ten dollars ($10,00). (c) The fee for registration of a dog which has been in the county less than thirty (30) days shall be as Poll-ows: (l) If mare than eighteen {18} months remain in the biannual licensing period, the registration fee shall be ten dollars ($7.0.00) for unaltered dogs and five dollars ($5.00) for altered dogs. ..._- ..-.. __..(2) ?~_ there_ r_ema~.ns at least thirteen (l3) months but no more than eighteen (18} months in the biannual licensing period, the registration fee shall be seven dollars and fifty cents ($7.50) for unaltered dogs and three dollars and 1 2 3 4 6~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 x.....,:__.:21= 22 twenty-five cents ($3.25) for altered dogs. (3) If there remains at least sa.x (6} months, but no more than twelve (12} months in the biannual licensing period, the registration fee shall be five dollars ($5.00) for unaltered dogs and two dollars and fifty cents ($2.50) for altered dogs. (4) If.there-remains five (5) months or less in the biannual licensing period the registration fee shall be two dollars and fifty cents ($2.5D) for unaltered dogs and one dollar and twenty-five cent ($1.25) for altered dogs. (d) If a dog is not registered during the month of July and has been in the county for more than thirty (3D) days or has not changed ownership within the proceeding thirty (30) days, the fee for registration shall be ten dollars ($1L}.00) for unalterec 'dogs and five dollars ($5.00) for altered dogs plus a penalty of ..seven.. dollars ($7:..Q0).:_for,_1.ate registr:aton~ ...._._...~_ _ _ ..:.: _ .._ _. §4-4.1. Fee credit for spayed or neutered dogs. 23 Whenever dog license tags are issued pursuant to 24 this chapter, any such tag shall be issued for half of the fees 2~ required far a dog, if a certificate is presented from a licensed 2~ veterinarian that the dog has been spayed or neutered. i~ I §4-5. Poundmaster or other autliori.zed person to register and i:s~sue license . 2 3 T1ie Poundmaster for Butte County, or other 4 authorized person, shall be responsible for providing registration ~ and kennel license application and registration tags and kennel 6 licenses. Dogs may be registered and kennel .licenses obtained at 7 the animal control shelter, or at other places designated by the $ Poundmaster for Butte County 9 §4~-~6. Vaccination - Required before registration. Yp No registration tag shall be issued far a dog II unless proof has been presented that said dog has Been vaccinated 12 against rabies at a date such that the period of time elapsing 13 from the date of vaccination to the expiration of the registration 14 being issued shall riot' exceed thirty (3C) months in the case o.f 15 vaccination with a vaccine approved for use by the California 16 Department of Health for a duration of immunity of thirty (34) 17 months or eighteen (18) months in the case of vaccination with a I8 vaccine approved for a duration of immunity of eighteen (l8) 19 months. 2p §4-7. Same - Pequired before issuance of kennel license. _ 21.. No-.kennel-license shall be issued unless proof has .. _. 22 been presented that all dogs awned by the kenne owner or-opera or 23 in the kennel have been vaccinated against rabies in the manner 24 prescribed above, nor shall any kennel license be issued until. the 2~ Paundmaster or his authorized representative has first issued a 26 certificate that the kennel is operated in a sanitary and proper manner so as not to constitute a nuisance to the neighborhood. h. i 1 §4-$. Same = Proof of vaccination may be submitted by mail after registration, etc; failure to 2 submit, 3 To facilitate the administration of this article, 4 the 1'oundmaster and other persons authorized to register dogs and 5 issue kennel licenses are hereby authorized to accept registration 6 and kennel license fees for dogs and kennels not meeting the 7 vaccination requirements in sections 4-6 and 4-7 above and to give 8 a receipt therefor without issuing a registration tag. The 9 Poundmaster or other authorized person shall arrange for proof of Z0 vaccination to be returned by mail, The dog or kennel owner shall Z1 be allowed thirty (30) days from the date of his receipt to present 12 proof of vaccination against rabies as required in section ~-b 13 above, the Licensing authority sha11 mail or otherwise present to Z4 -the dog owner or kennel. owner the registration tag or kennel 15 license. Tn the event that proof of vaccination is not returned 16 to the licensing authority within thirty {30} days from the date 1'7 of the fee receipt, then the fee shall be forfeited to the county 18 and the dog or kennel shall not be registered or licensed. 19 §4-9. Registration tag. 2a When a person's dog is registered, he sha11 be _ ::..: . .:..... .. 2~-- given a reg=istzation _tag- =which--sha-l 1. be fastened to . the dog' s - _ .-.. 22 collar or harness and worn by the dog at all times. 23 §4--10. Tmpounding of unregistered or untagged dogs; impounding fee; redemption. 24 25 Any unregistered dog or dog not wearing his 26 registration tag may be impounded. Tf the dog is not claimed i~ . 1 after a period of seventy-two (,72) hours, such dog may"be destroyed. 2 Any unregistered dog may be claimed at the pound if the owner pays 3 the boarding fees charged by the Poundmaster as authorized under 4 section 4-11 of this article and if the owner registers the dog ~ pursuant to section 4-4. (d) of this article. On receipt of the 6 registration fee, a:~~.receipt shall be issued and if proof of 7 vaccination against rabies as required in section 4--6 is presented, 8 a registration tag shall be given the person. If such proof is g not presented, the provisions of section 4-8 shall prevail. 10 §4--10.1. Impoundment of licensed dogs running at large; redemption of impounded dogs by owner; 11 disposition of unredeemed dogs. 12 Tt shall be the duty of the Poundmaster to impound 13 all licensed dogs caught running at large anywhere in the unincorpo- 14 rated areas of the county contrary to the provisions of this Code. 15 Upon the taking up and impoundment of any such dog pursuant to this 16 section, the Poundmaster shall ascertain from county license records 17 the owner of the impounded dog and forthwith give to the owner a 18 written notice thereof, by mailing a copy of such notice to the 19 owner at the address listed on the license application. The 2p Poundmaster shall turn over any dog taken in by him to the owner __;~ 21. after::payrnent.. of the boardng._ fees.. ~charge:d .by_ the _. P,oundmas er _ as _. _ . 22 authorized under section 4-11 of this article. Unless called for 23 and redeemed within one hundred twenty (120) hours following 24 impoundment, any dog taken up under the provisions of this section 2g may be destroyed by the Poundmaster. 28 II..... 1 2 3 4 5 s 7 8 9 io i~ 12' l~ 14 15 is 17 18 ~.9 20 _..:_ ... :.2Z. 22 23 24 25 26 §4.-11. Fees for impauridment. The Poundmaster shall charge and collect fees from animal owners. far the redeiription of impounded animals according to the following scheduler DOGS A1dD~ CATS ~ FEES 1st impoundment 2nd impoundment 3rd and subsequent impoundments Boarding fee HORSES AND CATTLE impound fee Boarding fee Trailer use fee Horse use fee $ 9.50 per animal $15.00 per animal $25.00 p.er animal $ 4.00 per day $20.00 per animal $ 4.40 per day $10.00 per trip $1.0.00 per trip SHEEP, GOATS, AND OTHER LARGE AVIMAZS Impound fee Boarding fee Trailer use fee Horse use fee $10.00 per animal $ 4.00 per day $10..00 per trip $10.00 per trip The first, second, third and subsequent impound- ments of an animal ar animals shall be accumulated and counted in accordance with the biannual licensing period, §4-12. Isolatian, quarantine, etc., of suspected rabid animal or biting animal; impounding. _. Any animal which has bitten a person, or which. has been in intimate contact with a known or suspected rabid animal, or which is rabid or suspected of being rabid, sha11 be quarantined in a manner set forth by the Health Officer pursuant to §§1900-1922 of the Health and Safety Cade, and §§2604--2606.8 of the California 9. 1 2 3 4 5 6 7 8 9' lp ZI 12 13 14 15 16 1'7 18 19 20 _-~ 2Z :_ 22 23 24 25 26 Administrative Code, Title l7. Either the Poundmaster or the Health Officer may order such quarantine. if the animal is quarantined at the pound upon order of the Health Officer or Poundmaster, said animal may be redeemed by the owner at the end of the quarantine or isolation period upon payment of the cost of boarding and feeding such animal during its stay at the pound. §4-13. Unlawful to interfere with impoundment; right of entry to impaurid; notice of owner of dog. Tt shall be unlawful to interfere with, oppose or resist any authorized person collecting or impounding dogs undeY the provisions of this article. Such authorized person shall wear a badge and may go upon private property in pursuit of a dog, or may go upon private property other than in pursuit of a dog for the purpose of enforcing this article, after previous written notice tc the dog owner, to comply with the provisions of this article. Nothing in this section contained shall authorize. constitutional immunity from search and seizure. §4-1~+. Poundmaster. The board o.f supervisors znay contract for service: of a Poundmaster ar designate a county official or employee as Poundmaster. __The P,oundmastex.:shall:.en~or.ce._ths..artic~e and the laws of the state pertaining to the registration, vaccination, control, taking up, impoundment and disposition of dogs. The Poundmaster shall collect and dispose of dead animals found in public places. . I) ~i 1 §4-15. Enforcement of article. 2 It~.shall be the duty of the 'sheriff, his deputies, 3 the constables and other authorized persons to enforce this article 4 and to assist- the Poundmaster as necessary in carrying out the 5 provisions of this article. 6 ~Sec~i.ori '2. This ordinance shall be and it is hereby 7 declared to be in full force and effect from and after thirty (30) , 8 'days after the date of its passage, axed before the expiration of 9fifteen (15} days after its passage, this ordinance shall be 10 published once with the names of the members of the Board of 11 Supervisors voting for and against it in the' ~or 12 ~ ~ , a newspaper published in the County of Butte, 13 State of California. 14 PASSED AND ADOPTED by the Butte County Board of Super- 15 visors, State of California, this 27th da.y o.f March -1979, 16 by the following vote: 17 AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chaixman Lemke Ig NOES: None lg ABSENT : None 20 NOT VOTING : None l l 21 '~:J ,, _ _ ROBERT , E . LEMKE, Chairman o the ~. 22 ATTEST: Board of Supervisors ~3 CLARK A. NELSON, County Clerk and ems-officio Clerk of the Board 24 2S By 26 11.