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HomeMy WebLinkAbout3992Ordinance No : 3892 3 AN ORDINANCE OF TIdE COUNTY OF BUTTE 4 AMENDING CHAPTER 4 OF THE BUTTE COUNTY CODE S RELATING TO ANIMALS b The Board of Supervisors of the County of Butte ordains as follows: 8 SECTION 1. Purpose of Ordinance -Recitals. A number of provisions of Chapter 4 of the 9 Butte County Code, entitled "Animals" require updating to reflect current terminology and I0 practices and to change the citations of state code sections which have been altered since the last I 1 revisions to Chapter 4. 12 In addition, more options are needed to resolve problems created by barking daps in I3 urbanized, unincorporated areas of the County of Butte which are not already regulated by city or 14 town code provisions, The spheres of influence for the cities of Biggs, Chico, Gridley and 15 Oroville, and the Town of Paradise reflect the primary areas within which urban development is 16 envisioned. There is less need to regulate barking dogs in unincorporated areas outside these 17 spheres of influence due to factors such as lower densities, generally larger lots, l,~reater incidence 1$ of larger animals and agricultural operations and noises associated therewith, and the common I9 use of dogs for watchdog and safety reasons. For these reasons, the proposed provisions set forth 2Q in Article IA, "Barking Dogs" of the Ordinance Amending Chapter 4, shall apply only within the 21 unincorporated areas of such spheres of influence, For the same reasons, the provisions of 22 Section 4-I.5 "Dogs Running At Large-Prohibited" shall continue to apply only within the 23 unincorporated area of such spheres of influence. 24 Additional autharity is also required to allow the Public Health Department to intervene 25 in situations where the presence of cats generates unsafe, unsanitary or inhumane conditions, or 26 conditions that are injurious to neighboring persons or property. Proposed revisions to existing 27 Article III "Cat Vaccination; Animal Vaccination Reporting" would provide the Public Health 28 1 Department with additional tools to determine the existence of such conditions and to mitigate 3 such conditions with the voluntary compliance of the property owner. 4 SECTION 2. Chapter 4 of the Butte County Code is hereby amended to read as follows: "Chapter 4 6 ANIMALS 7 Article I. Dogs 8 4-1 Running at large prohibited. 9 It shall be unlawful for any person owning, possessing or having the custody or control of 10 a dog, except a service dog, to allow or permit such dog, whether licensed ar unlicensed, to be or 1 l run in or upon any public or private place or premises within the county other than those of such 12 owner or custodian, except in the following instances: 13 {a} Upon the private premises of another, by and with the consent of the owner of 14 such private premises; 15 {b) Upon a public street, sidewalk or way, while under the effective control of a 16 person capable of controlling and who does maintain effective control of such dog at all times, to 17 the end that such dog shall not be allowed to commit any act of nuisance. 18 4-1.1 Nuisances -Prohibited. 19 No owner or person having the possession, custody or control of a dog within the county 20 shall allow or permit such dog to commit a nuisance upon any public or any private property; 21 provided, that this shall not apply to street gutters outside of pedestrian ways, it being the intent 22 of this section that it shall be the duty of all persons having control of a dog to curb such dog 23 when necessary, 24 4-1.2 Same -Defined. 25 without limitation as to the general provisions of section 4-1.1, the following specific 26 acts and conditions committed by a dog are hereby declared to be unlawful and to constitute a 27 public nuisance, and the owner or person having possession, custody or control of a dog 28 1 committing any of the following shall be subject to the penalties provided by this chapter: 2 (a) Being in or upon any public or private school grounds, except when authorized by 3 appropriate school officials, or where the animal is a service dog; 4 (b) Annoying, harassing, nipping, mauling or biting any person or persons; S (c} A female dog in breedable condition (in heat}, being within the county, except b when confined in or upon the premises of its owner or custodian, or where being exercised under 7 the direct and strict control of its owner or responsible person, or where being transported within 8 the county for purposes of veterinary care; 9 (d) Damaging or destroying any property or thing of value; 10 {e) Creating a disturbance in a neighborhood by howling, barking or making unusual 11 noises; 12 (1} Committing excretion on private property other than the property of its owner or 13 custodian, and where an owner or responsible person fails to immediately remove such excretion. 14 -1-1.3 Same -Abatement. 15 When any condition prohibited by section 4-1 is found to exist, the public health director, 16 or authorized designee, may, except when such condition occurs on the owner's premises, 17 impound such dog in the animal control shelter; and the district attorney, after review and 18 investigation of the condition, is authorized to institute abatement proceedings against the owner 19 of such dog in the manner provided by law. 20 If any such condition occurs on the owner's premises, the district attorney, after review 21 and investigation, is authorized to institute abatement proceedings against the owner of such dog 22 in the manner provided by law. 23 The remedy herein provided is nonexclusive and may be pursued singularly or 24 concurrently with any penal process provided for any violation of any provision of this chapter. 25 ~-1.-1 Penalty for violation of sections -1-1, 4-1.2, and 4-1.5. 26 Any person violating any provision of section 4-l, 4-1.2(e) or 4-1.2(f) or 4-1.5 shall be 27 ^~ ,~ g J 1 guilty of an infraction, punishable by fine or fines of not less than fifty dollars ($50.00) for the 2 first offense; of not Less than one hundred fifty dollars ($150.00) for a second offense; and of not 3 less than three hundred dollars ($300.00) for a third or subsequent offense. The first, second, 4 third and subsequent offenses shall be accumulated and counted within any twelve {12) 5 consecutive month period. No part of these fines may be suspended. 6 4-15 Dogs running at urge -Prohibited. 7 Notwithstanding anything to the contrary in section 4-1 through 4-1.3, this section shall 8 apply in the unincorporated areas of the county as described in section 4-1.6. ~Uithin the 9 unincorporated areas described in section 4-1.6, it shall be unlawful for any person owning, 10 possessing or having custody or control of a dog, except a service dog, to allow or permit such 11 dog, whether licensed or unlicensed, to be or run in or upon any public or private place or 12 premises within the county other than those of such owner or custodian, except in the following 13 instances: 14 (a} Upon the private premises of another, by and with the consent of the owner of 15 such private premises; 16 (b) Upon a public street, sidewalk or way while under the effective control of the 17 person who has the dog under control by a leash as defined herein, capable of controlling and 18 who does maintain effective control of such dog at all times to the end that such dog shall not be 19 allowed to commit any act of nuisance. "Leash" is herei~y defined as a flexible rope, strap, cord 20 or chain, not over six (6) feet in length, of such strength and design as to be capable of restraining 21 the dog for which it is being used to lead or restrain. ~2 4-1.6 Same -Applicable territory. 23 The urban areas to which section 4-1.5 and Article lA are applicable are known as the 24 unincorporated areas within the spheres of influence of the incorporated cities, as now or 25 hereafter amended, and more specifically according to the maps adopted by the Butte County 26 Local Agency Formation Commission as the spheres of influence far the cities of Biggs, Chico, 27 ~& u4~ 1 Gridley and Oroville, and the "hown of Paradise. 2 ~-2 Registration required. ~ 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 or her dog within thirty {30) days after: 5 (a) Such dog reaches the age of four (~) months; 6 (b} Such person moves into the unincorporated area of the county; or 7 (c} Sueh person acquires the dog. $ Registration shall be accomplished by purchasing a license from the public health 9 department. 10 The initial license issued for any dog may be for a minimum of six (b) months. 11 Subsequent licenses may be issued for periods between seven (7} months and three (3) years. 12 The dog license fees for fractional year licenses may be prorated on a monthly basis. 13 4-3 License required of kennel owners. 14 Every person who owns or controls a kennel or other place in the unincorporated areas of 15 the county where more than five (5} dogs over the age of four (4) months are kept, for any 16 purpose whatsoever, shall obtain a kennel license within thirty (30) days after the kennel is 17 established and annually thereafter. 18 4-4 Fees; late registration. 19 {a} The fee for kennel licenses shall be based upon the capacity of the kennel as 20 follows: 21 Dog Capacity 22 6-10 2; 11-49 Amount of Fee $50.00 100.00 24 50-99 150.00 25 100 or more 500.00 26 In the event a kennel license is not obtained during the applicable period specified in 27 28 v~v 1 section 4-3 above, there shall be a late fee of two hundred dollars {$200,00) in addition to the 2 applicable kennel license fee. 3 (b) Dogs maintained in a kennel licensed pursuant to the provisions of this chapter are 4 not subject to the license fees specified in subsection (d) below. 5 (c) All dogs maintained in the kennel shall be vaccinated against rabies in compliance 6 with California law and shall wear a collar and a tag provided at the expense of the kennel owner 7 or operator. Such tag shall identify the kennel owner and the applicable Butte County kennel $ license number. 9 {d) Dag license fees shall be as follows: 10 Unspayedlunneutered fee: 11 Annual fee .............................$20.00 12 Biennial fee .............................35.00 13 Triennial fee ............................45.00 14 SpayedJneutered fee: 15 Annual fee ............................$10.00 16 Biennial fee ............................17.00 17 Triennial fee ...........................22.00 18 In addition, the following fees shall be charged as applicable: 19 Late registration fee ..............~20.00 20 Ownership transfer fee ..............5.00 21 Replacement registration tag,....5.00 22 4-41 L?efinitions. 23 For purposes of this chapter, the following words and phrases shall have the meanings 24 respectively ascribed to them by this section: 25 "Pound or animal control shelter" shall be deemed to include any pound facility owned or 26 operated by the County of Butte or operated pursuant to a contract with the County of Butte or 27 ~g ~~~ 1 any other facility designated by the public health department as a place of impoundment. 2 "Public health director" shall mean that person duly designated by the board of 3 supervisors. The terms "chief animal control officer," "chief of animal control," "rabies control 4 program coordinator," and "rabies prevention coordinator" shall be deemed to refer to and ~ include "public health director or authorized designee." 6 "Responsible person" shall mean any one of the following: 7 (a} A person who owns, is in possession of, or has custody or control of any animal; 8 or 9 {b} A person whose agent, employee, or independent contractor allows a violation of 10 this chapter to exist, whether through willful action, failure to act, or failure to exercise proper 11 control over an animal; or 12 (c} A person who is the owner of, andlor a person who is a lessee or sublessee with 13 the current right of possession of; real property in or upon which a violation of this chapter 14 occurs. 15 4-5 Public health director or other authorized person to register and issue license. 16 The public health director for Butte County, or authorized designee, shall be responsible 17 far providing registration and kennel license applications and registration tags and kennel 18 licenses. Dogs may be registered and kennel licenses obtained at the animal control shelter, or at 19 other places designated by the public health director or authorized designee for Butte County. 20 4-6 Vaccination-Rettuired before registration. 21 No registration tag shall be issued for a dog unless proof has been presented that said dog 22 has been vaccinated against rabies at a date such that the period oftime elapsing from the date of 23 vaccination to the expiration of the registration being issued shall not exceed thirty-six (36) 24 months in the case of vaccination with a vaccine approved for use by the California Department 25 of Public health for a duration of immunity of thirty-six {3b} months. 26 ~-7 Same-Re€tuired before issuance of kennet license. 27 28 V~v 1 No kennel license shall be issued unless proof has been presented that all dogs owned by 2 the kennel owner or operator have been vaccinated against rabies in the manner prescribed 3 above, nor shall any kennel license be issued until the public health director or authorized 4 designee has first issued a certifiease that the kennel is operated in a sanitary and proper manner 5 so as not to constitute a nuisance to the neighborhood. 6 4-8 Same-Proof of vaccination may be submitted by mail after registration, etc.; failure 7 to submit. 8 To facilitate the administration of this article, the public health director and other persons 9 authorized to register dogs and issue kennel licenses are hereby authorized to accept registratian 10 and kennel license fees for dogs and kennels not meeting the vaccination requirements in 11 sections ~-6 and 4-7 above and to give a receipt therefor without issuing a registration tag. The 12 public health director or authorized designee shall arrange for proof of vaccination to be returned 13 by mail The dog or kennel owner shall be allowed thirty (30) days from the date of his receipt to I4 present proof of vaccination to the licensing authority. Upon receipt of proof of vaccination 15 against rabies as required in section 4-b above, the licensing authority shall mail or otherwise 16 present to the dog owner or kennel owner the registration tag or kennel license. In the event that I7 proof of vaccination is not returned to the licensing authority within thirty (30) days from the 18 date of the fee receipt, then the fee shall be forfeited to the county and the dog or kennel shall not 19 be registered or licensed. 20 4-9 Registration tag. 21 When a person's dog is registered, he shall be given a registration tag which shall be 22 fastened to the dog's collar or harness and worn by the dog at all times. 23 414 Impounding of unregistered or untagged dogs; impounding fee, redemption. 24 Any unregistered dog or registered dog not wearing its registration tag may be 25 impounded. If the dog is not claimed after a period of four (4} business days not including the 26 day of impoundment, such dog may be destrayed. Any unregistered dog may be claimed at the 27 ~ 8 v $ ., I pound i# the owner pays the boardint fees charted at the pound by the public health department 2 as authorized under section 4-11 of this article and if the owner registers the dot pursuant to 3 section ~-4(d) of this article. On receipt of the registration fee, a receipt shall be issued; and if ~ proof of vaccination against rabies as required in section 4-6 is presented, a registration tat shall ~ be given the person. If such proof is not presented, the provisions of section 4-8 shall prevail. 6 4-10.1 Impoundment of licensed dogs running at large; redemption of impounded dogs by 7 owner; disposition of unredeemed dogs. & It shall be the duty of the public health director or authorized designee to impound all 9 licensed dogs caught running at large anywhere in the unincorporated areas of the county 10 contrary to the provisions of this Code. Upon the taking up and impaundment of any such dog I 1 pursuant to this section, the public health director or authorized designee shall ascertain from 12 county license records the owner of the impounded dog and forthwith give to the owner a written 13 notice thereof, by mailing a copy of such notice to the owner at the address listed on the license 14 application. The public health director or authorized designee shall turn over any dog taken in by 1 S him to the owner thereof after payment of the boarding fees charged by the public health 16 department as authorized under section 4-11 of this article. Unless called for and redeemed 17 within four {4) business days not including the day of impaundment, any dog taken up under the I $ provisions of this section may be destroyed by the public health department. 19 4-11 Fees for impoundment, boarding and transport. 20 The public health department shall charge and collect fees from animal owners for the 2I redemption of impounded animals according to the following schedule: 22 {I) Impoundment: Fees 23 1st impoundment, per animal .............................. $5.00 24 2"d impaundment, per animal ..........................................40.00 25 3`d and subsequent impoundments, per animal ...............60.00 26 {2) Boarding fee, per day: 27 ~g .,g~ 1 Dogs and cats ....................................................................7.50 2 Poultry, rabbits and other small-size animals ................... 2.00 Coats, pigs and other medium-size animals ......................5.00 4 Horses, caws and other large-size animals ......................10.00 5 (3} Transport fee: 6 Poultry, rabbits, cats and other small-size animals, per 7 trip from each location ....................................................$15.00 8 Goats, pigs, dogs and other medium-size animals, per 9 trip from each location ......................................................15.00 10 Horses, cows and other large-size animals .................Actual cost 11 The first, second, third and subsequent impoundments of an animal or animals shall be 12 accumulated and counted within any twelve (12) consecutive month period. 13 4-I2 Isolation, quarac~tine, etc., of suspected rabid animal; impounding. l4 Any animal which has bitten a person, or which has been in intimate contact with a 15 known or suspected rabid animal, or which is rabid or suspected of being rabid, shall be 16 quarantined in a manner set forth by the health officer pursuant to sections 121575 - 121710 of 17 the Health and Safety Code, and sections 260b-2b06.6 of the California Code of Regulations, 1$ title 17. Either the public health director or the health officer may order such quarantine. If the 19 animal is quarantined at the pound or other designated facility upon the order of the health officer 20 ar public health director, said animal may be redeemed by the owner at the end of the quarantine 21 or isolation period upon payment of the cast of boarding and feeding such animal while so 22 quarantined. Dogs quarantined pursuant to this section may be redeemed by the owner at the end 23 of the quarantine ar isolation period upon payment of all fees, including, but not limited to 24 impoundment, boarding, licensing and vaccination fees. Dogs not redeemed within seventy two 25 (72) hours of the end of a quarantine or isolation period shall be deemed abandoned by the owner 26 and shall become the property of the County of Butte for disposal or other disposition. 27 2 & 10 ~" 1 4-13 Umlawful to interfere with impoundment; right of entry fo impound; notice to owner 2 of dog. 3 It shall be unlawful to interfere with, oppose or resist any authorized person collecting or 4 impounding dogs under 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 b in pursuit of a dog for the purpose of enforcing this article, after previous written notice to the 7 dog owner, to comply with the provisions of this article. Nothing in this section contained shall 8 authorize constitutional violations of search and seizure laws. 9 ~-14 Public health director. 10 The public health director or authorized designee shall enforce this article and the laws of l 1 the state pertaining to the registration, vaccination, control, taking up, impoundment and 12 disposition of dogs. The public health director, or employees thereof, is authorized to issue 13 notices of violation, and notices to appear in order to enforce this article and the laws of the state 14 but shall not be empowered to make arrests as a means of enforcement. 1 ~ 4-14.1 Enforcement of article. 1 b It shall be the duty of the director of public health or his designee to exercise staff 17 supervision over the animal control program and to carry out the provisions of this article, in 18 accordance with the then-current county budget as adopted by the board of supervisors. 19 Article IA. Barring Dogs 20 4-14.2 Definition. 21 `Barking dog" means a dog that barks, bays, cries, howls or makes any noise for an 22 extended period of time to the disturbance of any person at any time of day or night, regardless of 23 whether the dog is physically situated in or upon private property, Such extended period of time 24 shall consist of incessant barking for sixty {60) minutes or more in any twenty-four hour period, 25 or intermittent barking for sixty (50} minutes or more during any twenty-four hour period. A dog 26 shall not be deemed a "barking dog" for purpose of this Article if, at any time the dog is barking, 27 ~$ `"11" 1 a person is trespassing or threatening to trespass upon private property in or upon which the dog 2 is situated, or when the dog is teased or provoked by someone other than the owner. 3 4-14.3 Applicability. ~ (a) This Article is applicable only to the territory described in Section 4-L6 of this 5 chapter. 6 (b} This Article makes any violation of keeping, maintaining, or permitting a barking 7 dog subject to civil fine. 8 {c) This Article establishes the administrative procedures for the imposition, 9 enforcement, collection, and administrative review of civil tines for barking dog violations 10 pursuant to Government Code section 53069.4 and the County's plenary police power. 1 l {d) The issuance of a civil citation under this Article is solely at the County's 12 discretion and is one option the County has to address barking dog violations. By adopting this 13 Article, the County does not intend to limit its discretion to utilize any other remedy, civil or 14 criminal, including public nuisance remedies. 15 {e) The purpose of issuing civil citations pursuant to this Article is to encourage 1 & voluntary and complete compliance with the provisions of this Article and to eliminate nuisances l7 for the protection and benefit of the entire community. 18 (f) This Article does not apply to dogs that are assisting the owner or responsible 19 person in charge of livestock or ranch operations in the herding or guarding of such livestock or 20 ranch operations. 21 4-14.4 Barking doh civil complaint procedure. 22 (a} A barking dog civil complaint is initiated by at least two (2) complainants from 23 separate households filing a first complaint by mail on forms provided by the public health 24 department. 2S (1) Upon filing of an initial complaint by at least two (2) complainants from 26 separate households, an animal control officer will make a personal visit with the dog owner or 27 28 ., 1 ~ ., 1 responsible person to offer information about a do; violation and civil fine and to provide 2 education materials and information on dog training courses and trainers. 3 (2) From the day of the visit, the dog owner or responsible person is allo~~ed ten (10) days to remedy the barking violation. 5 (b) If after ten (10) days from the day of the visit the barking violation continues, the 6 original complainants must file a second complaint by mail on forms provided by the department. 7 (1) Upon second complaint, the original complainants must sign a sworn 8 affidavit, under penalty of perjury, that the dog barking is violating the county ordinance. 9 (2) An animal control officer will then make a second visit with the dog 14 owner or responsible person and may issue a ei~Til citation for the barking dog violation. 11 ~-14.5 Barking dog citation -general. 1? (a) Any anima] control officer has the authority to issue a civil citation to any 13 responsible person for a barking dog violation that the animal control officer did not see or hear 14 occur but is based on a complaint, signed under penalty of perjury by the persons who have been 1" disturbed by the barking dog. 16 (1} A responsible person to whom a civil citation is issued shall be liable for 17 and shall pay to the County the fine or fines described in the barking dog citation when due. 1$ {2} Where the responsible person is a minor under the age of eighteen (18) 19 years, the minor's parents or legal guardian shall be liable for and held responsible for payment of 20 their minor child's citation fines and(or late penalties. 21 {3) In any ease, the responsible person (by hislher parents when the 22 responsible person is under the age of eighteen (18)) shall have the right to appeal the issuance of 23 the citation by requesting an administrative hearing pursuant to the provisions of sections 4-14.9 24 and 4-14.10 of this Article. 25 {b) Each day a barking dog violation exists, for which there are at least two {2) signed 26 complaints, beyond the initial ten (10} calendar day period allowed for correction, shall be a ~7 ?g y 1' v 1 separate violation and be subject to a separate citation and tine. A barking dog civil citation may 2 include a violation for one (1) or more days on which a violation exists, and for violation of one 3 {1) or more code sections. 4 ~-14.G Barking dog citation -contents. ~ Each barking dog citation shall contain the following information; 6 {a} Dates on which the complaints established the barking dog violation{s}, 7 (b) Name of the responsible person for the barking dog violation(s) (if known). 8 (c} Address where the barking dog violation{s) occurred. 9 (d} The code section(s) violated. 10 (e} Whether the violation{s) were established by complainants. 11 (~ Amount of the fine for the violation(s) and procedure to pay the fine to avoid a 12 late payment penalty, 13 {g) Designation of prior civil citations issued for the same code violations}, if known 14 by the animal control off cer. 15 (h} Notification of the procedure for requesting an administrative hearing where the 16 civil fine may be contested, including the date by which such request must be made. 17 (i) A notice that a barking dog violation is a nuisance and that collection of unpaid 18 fines andlor penalties can result in additional fines and penalties. 19 {j) Signature of the animal control officer who issued the barking dog citation andlor 20 civil fine. 21 (k} Date upon which the barking dog citation andlor civil fine was issued. 22 (1) Proof of service to be completed by the animal control officer indicating whether 23 eitatian was issued by personal service, by mail, or by posting in a conspicuous place on the 24 property where the barking dog violation occurred. 25 (m) Aself-addressed envelope in which the violator can mail the civil fine to the 26 department if the citation is not contested. ~7 28 14 W 1 {n) Any other information deemed necessary by the department for enforcement or 2 collection purposes. 3 4-14.'7 Service of barking dog citation. 4 A barking dog citation may be served as follows: 5 {a) An animal control officer may personally serve the barking dog citation on the 6 responsible person. The responsible person shall be requested to sign a copy of the citation 7 showing his or her receipt of the citation and notice of the responsible person's right to an 8 administrative hearing, Signing the citation shall not constitute an admission of guilt. A refusal R to sign does not invalidate service of the citation. 10 (b) An animal control officer may mail the civil citation by certified mail, return 11 receipt requested, if the property owner andlor occupier's name is known but the violator is not 12 present when personal service is attempted. The citation shall be mailed to the address where the 13 barking dog violation occurred. 14 (e} An animal control officer may post a copy of the barking dog citation m a 15 conspicuous place on the property where the barking dog violation occurred if the property owner 16 andlor occupier's name is unknown. In this event, the citation shall also be mailed by certified 17 mail, return receipt requested to the owner of the property where the barking dog violation 18 occurred as reflected on the County's property tax rolls. A copy of the citation shall also be 19 mailed within 24 hours of posting the citation addressed to "Resident" at the address where the 20 barking dog violation occurred. 21 4-14.8 Amount of barking dog civil fines. 22 Fines for violating the provisions of this Article shall be progressively increased based on 23 the number of violations occurring within the same 12-month period as follows: 24 Barking Dog Civil Fines first violation $100.00 25 Second violation in 12 months $200.00 26 Third and each subsequent 27 28 `~ 15 `" 1 violation in 12 months $500.00 2 4-14.9 Payment of barking dag civil fines. 3 (a) After receiving a barking dog violation citation, a violator may respond by either 4 of the following methods: 5 (l) The violator may choose to correct the barking dog violation and pay the 6 barking dog citation fine without contesting the fine in an administrative hearing, In that event, 7 payment of the citation fine must be received. by the department prior to the date contained in the 8 citation by which the responsible party must request an administrative hearing to contest the fine. 9 (i) Payment shall be made by enclosing the fine amount by cheek or 10 money order in the self-addressed envelope attached to the civil citation and mailing the envelope 1 I to the public health department by U.S. first class mail, postage prepaid. 12 (ii) The public health director may authorize payment to be made in 13 accordance with any other method, at any location within the county, or to any address. 14 (2) A violator may choose to request an administrative hearing by the date 15 contained in the citation. In that event, the fine is due and payable to the hearing officer at the 16 conclusion of the hearing if the hearing officer upholds the barking dog citation. 17 (i) The public health director or hearing officer may a11aw the violator 18 an additional period of time in which to pay the fine if the public health director or hearing officer 19 finds that such additional time far payment is necessary. 20 (b) Fines for barking dog violations must be received by the department within fifteen 21 (15} days of the date they are due as specified in subparagraph {a)(I) or (a){2) above. 22 {c) The issuance of a barking dog citation andlor payment of a fine shall not bar the 23 county from taking any other enforcement action regarding a barking dog violation that is not 24 corrected, including issuing additional barking dog citations andlor criminal complaints. 25 4-14.10 Administrative hearing. 26 {a) Any person who receives a barking dog citation may contest it by submitting a ~~ 28 `~ 1 b ~' 1 request in writing far an administrative hearing. Such request must be made by the date and time 2 contained in the barking dog citation, "The hearing shalt be held by a hearing officer selected 3 pursuant to the protocol set faith in that document entitled the "Butte County Administrative 4 Hearing Officer Program," on file in the office of the Chief administrative Officer of the County. 5 (b) Upon receipt of request for an administrative hearing to contest the fine, the 6 public health department shall schedule the hearing and notify the requestor in writing of the 7 administrative hearing date, time and location. 8 (e) A violator may contest the barking dog citation by denying that a violation 9 occurred, by denying that it was not corrected within the original ten {10} calendar day correction 10 period, if applicable, by denying that the violator is a responsible person for the violation, or by 11 proving the barking was provoked by the actions of others. 12 (d) A failure to personally appear at the administrative hearing shall constitute an 13 abandonment of any defense the violator may have to the barking dog citation. If the violator fails 14 to appear at the administrative hearing, any unpaid citation fine becomes immediately due and 15 payable. 16 ~-14.11 Dearing procedures. 17 (a) I-Iearings shall be conducted by a hearing officer either: 1$ (1) On the date, time and place specified in the notification to the requestor of 19 the scheduled hearing which shall be set for a date that is not less than fifteen (15) days and not 20 more than sixty {60} calendar days from the date contained in the barking dog citation per section 21 4-14.9 above; or 22 (2) On the date assigned when a continuance pursuant to subsection (g) below 23 has been granted. 24 (b) The violator and complainant shall be notified of the assigned hearing date, time 25 and location by the public health director or authorized designee by certified mail, return receipt 26 requested. 27 ~g ~17~ 1 (c} The public health director or authorized designee shall provide all pertinent 2 documents and records in the possession ofthe department related to the barking dog citation to 3 the hearing officer. 4 {d) The violator and complainant shall be given the opportunity to testify and to 5 present evidence relevant to the barking dog citation. A parent or legal guardian of a violator who 6 is a juvenile, under eighteen {18}years of age, must accompany the juvenile to the hearing or the 7 administrative hearing will be deemed abandoned by the violator. Such abandonment shall also 8 constitute a failure to exhaust administrative remedies concerning the violation set forth in the 9 barking dog citation. 10 (e) The citation itself and accompanying complainant's affidavit signed under penalty ll of perjury attesting to the barking dog violation provided to the hearing officer shall be accepted 12 by the hearing officer as prima facie evidence of the violation and the facts stated in such 13 documents. 14 {1} An animal control officer is required to attend the hearing. 15 {g) The public health director or authorized designee may continue a hearing once if a 16 request for continuance is made showing good cause by a violator, a complainant, or a 17 representative of the county. A hearing officer may also continue a hearing upon his or her own 18 motion, All continuance requests shall either: 19 (1 } Be made in person at the hearing; or 20 (2) Be made by a written request received by the department ar hearing officer 21 via e-mail, facsimile or letter at least seven ('7) calendar days prior to the hearing date. 22 (h) If a continuance is granted, the parties will be notified, and a new hearing date 23 shall be scheduled that is within fourteen {14) calendar days of the date on which the continued 24 hearing was first scheduled to take place. 25 (1} If the request for continuance is denied, the parties will be notified, and the 26 hearing shall proceed as originally scheduled. 27 28 18~` 1 {2) If the violator is not present on an assigned hearing date and no 2 continuance of the hearing has been granted, this shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation 4 set forth in the barking dog citation. The violator's or complainant's failure to appear shall be S noted on the notice of decision completed by the hearing officer and mailed to the violatar and 6 complainant. 7 {i} The hearing shall be concluded no more than fourteen (14) calendar days ~ following the assigned hearing date or a new hearing date based on a requested continuance 9 pursuant to section (2){h) above. 10 {j) The hearing shalt be conducted informally and the legal rules of evidence need not 11 be followed. 12 (k} The hearing officer does not have the authority to issue a subpoena or subpoena 13 duces tecum. 14 4-14.12 Administrative hearing decision. 1 ~ {a) After considering all the evidence and testimony submitted at an administrative 16 hearing, the hearing officer shall issue a written decision to the violator and complainants to 17 uphold or to dismiss the barking dog citation based upon a conclusion of whether or not a 18 violation occurred for which the violator was a responsible person. The decision of the hearing 19 officer shall list the reasons far that decision. 20 (1} The hearing officer may consider alternatives that would result in 21 elimination of the barking dog problem in lieu of payment of the civil fine. These alternatives 22 may include, but are not limited to, use of a bark collar, and behavior modification training for the 23 barking dog and owner or responsible person. 24 (2) The decision of the hearing officer shall list any alternative resolutions 25 ordered in lieu of payment of the civil fine and establish a time certain for implementation of such 26 alternative remedies. ~~ 28 ~ 19 `~ I {3) The hearing officer's decision is final. 2 (4} The hearing officer has authority to determine an alternative resolution in 3 Lieu of payment of the civil fine; however, the hearing officer has no authority to reduce the fine. 4 (b) If the hearing off cer's decision is to uphold the barking dog citation, the civil fine 5 imposed for the violation shall be due at the conclusion of the administrative hearing, ar at some 6 other time as directed by the public health director or hearing officer. 7 (1} If the decision is to dismiss the barking dog citation, the civil fine shall no 8 longer be due and payable. If the penalty was deposited with the public health department, then 9 the department shall promptly refund the amount of the deposited penalty. 10 4-14.13 Right to ,judicial review. 1 I {a} A responsible person may seek judicial review of the administrative hearing I2 decision by filing an appeal with the Superior Court in accordance with the provisions of I3 California Government Code Section 53069.4. An appeal must be filed within twenty (20) 14 calendar days after the responsible person receives a copy of the notice of decision at the 15 conclusion of the administrative hearing. l6 (1) The appeal filed with the court must also contain a proof of service 17 showing that a copy of the appeal was served upon the "Clerk of the Board of Supervisors, County 18 of Butte, 25 County Center Drive, Oroville, California 95965." 19 {2} The responsible person must pay the appropriate Superior Court filing fee 20 when the appeal is filed. 2l (b) No judicial appeal is permitted where a violator had failed to appear at an 22 assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog 23 citation by an unexeused nonappearance at the hearing. 24 Article IL Nutria 25 4-15 Definition. 26 Nutria as used in this article, pertains to the animal also known as "south ameriean beaver" 27 28 v ~~ v 1 and also known as `"coypu." 2 -1-I6 Reports required of persons raising, keeping or having nutria. 3 Any person raising, keeping or having nutria in the county shall make a monthly report to 4 the agricultural commissioner of the county, upon a form prescribed by him, stating the number of 5 nutria animals on hand; number of nutria animals pelted during the month; number of nutria 6 animals sold, exchanged or given away during the month; the name and address and the nutria 7 permit number of the person receiving the nutria animals; the number of surviving nutria animals 8 newly born during the month; the number of nutria animals acquired during the month from any 9 source; and the name, address and nutria permit number of the person supplying such nutria 10 animals. 11 ~-17 Urowers winding up business; county supervises disposal of animals. 12 Any nutria animal grower desiring to terminate or wind up his nutria growing business 13 other than by sale or other transfer of ownership shall. forthwith notify in writing the agricultural 14 commissioner of the county, who shall then arrange with such nutria grower to have a 15 representative of the ofFce of the agricultural commissioner of the county present to supervise the lb disposal of all nutria animals; and upon the completion of such disposal as so supervised, the 1? agricultural commissioner of the county shall issue said nutria grower a certificate showing full 18 compliance with the provisions of this article. 19 ~-1$ Excluded from areas subject to flooding. 24 It shall be unlawful to raise or keep nutria in an axea designated by the agricultural 21 commissioner of the county to be subject to flooding to such an extent that nutria animals could or 22 might escape from their pens or places of confinement. 23 4-19 Article supplements state Iaw. 24 The provisions of this article are supplemental to and in addition to the provisions relating 25 to nutria contained in sections 5441 to 5405 of the California Food and Agricultural Code. 26 Article III. Cat Vaccination; Animal Vaccination Reporting; Welfare of Cats ?~ 28 v 21 v 1 4-24 Cat rabies vaccinations required. 2 Any person who owns a domestic cat over four (4) months of age in Butte County shall 3 have such cat vaccinated against rabies. The vaccination shall be maintained current with a 4 vaccine approved far case by the California Department of Public Health for a duration of 5 immunity of thirty-sia {36} months. 6 4-24.1 Rabies vaccination reporting. '7 The owner of every animal vaccinated against rabies by a veterinarian shall be provided a $ rabies vaccination certificate completed in the same form and content as required by the California 9 State Health and Safety Code. 10 4-24.2 Welfare of Cats. 11 (a) The public health department shall use awelfare-based approach to encourage the 1? voluntary prevention or mitigation of conditions that cause a source of offensive odors, source of 13 vermin infestation, source of human or animal disease, or other public health and safety issues 14 related to the keeping of cats an a premise. 15 {b) A cat welfare check may be initiated by at least two (2) complainants from 16 separate households filing a written complaint with the public health department animal control 17 division on forms established by the department. The complaints must be supported by 18 reasonable suspicion of conditions that pose unsafe, unsanitary or inhumane conditions, or 19 conditions that are injurious to neighboring persons or property. 20 (e) Upon filing of the complaints, an animal control officer shall make contact with 21 the owner or responsible person to arrange a personal visit to conduct an initial welfare check. 22 The animal control officer may be accompanied by a licensed veterinarian possessing a current 2~ license in good standing with the State of California, 24 (d) Where the owner or responsible person voluntarily allows a welfare cheek to be 25 conducted, such welfare check shall consist of the following: 26 (1) ~Ihe animal control officer shall verify the status of rabies vaccination 27 v ~~ 28 `"`" 1 certificates on all cats located on the premises. (2) The animal control officer shad assess the provision of sustenance, potable 3 water, clean quarters, protection from weather, or whether through neglect or cruel treatment a 4 situation has been allowed to exist or persist that would cause acat-in-distress condition to occur 5 or persist. 6 (i). "Cat-in-distress"° is hereby defined as a cat with observable signs_ 7 and symptoms including, but not limited to, lethargy, abnormal respiration rate, abnormal weight, 8 diarrhea, secretions from eyes, nose and mouth, and presence of extoparasites. 9 (3} Where the animal control officer is accompanied by a licensed 10 veterinarian, an assessment of the medical condition of the cats will be conducted by the licensed I 1 veterinarian in order to determine whether medical care is necessary to any cat{s} exhibiting signs 12 of severe illness. 13 {4) Where any such conditions exist, the animal control officer shall 14 encourage the voluntary mitigation of conditions by the owner or responsible person so that cats 15 are no longer kept in unsafe, unsanitary or inhumane conditions, or in conditions that may cause lb economic or personal injury to neighboring persons or property. 17 (~) Where the owner or responsible party does not remediate the conditions 18 within ten (10) calendar days from the date the welfare check was conducted, the department may 19 enforce the provisions of Butte County Cade ar any law relating to or affecting animals of the 20 State of California, County of Butte, including Penal Code Section 59?. 21 (e) When upon receipt of written complaints, the owner or responsible person will not 22 voluntarily allow access to conduct a welfare check, the complainants must sign a sworn affidavit, 23 under penalty of perjury, that set forth the basis of their complaint. 24 (I) If the public health department determines the complaints provide 25 reasonable suspicion of conditions that pose a significant potential to cause harm to animals, 2b persons, or property, the public health department may seek an administrative warrant through the 27 ~ g v ~' v 1 Superior Court to allow access for purposes of conducting a welfare check. 2 (2) "fhe welfare check shall be conducted as set forth in sections 4-20.2{d}_ 3 above. 4 (3} ~~here conditions pose unsafe, unsanitary or inhumane conditions, or are ~ injurious to neighboring persons ar property, the public health department shall, where 6 practicable, first attempt to obtain voluntary remediation by the owner or responsible party. 7 (4) Where the owner or responsible party does not remediate the conditions 8 within ten (10) calendar days from the date the welfare check was conducted, the public health 9 department may enforce the provisions of Butte County Code or any law relating to or affecting 10 animals of the State of California, County of Butte, including Penal Code Section 59'7. 11 Article IV. Animals at Large 12 4-21 Prohibited. I3 It shall be unlawful for any person owning or having the control of, or being the keeper of, 14 any horse, mule, cow, goat, sheep, hog, ass, or domestic fowl, to permit the same to run at large 15 upon or graze or feed upon any public street or unfenced lot in the county. Any animal so running 16 at large may be impounded; and, if such animal is not claimed within a period of seventy-two (72} 17 hours, such animal may be disposed of. Any animal impounded may be claimed by the owner if 18 the owner pays the public health department the applicable fees as set forth in section 4-11 of this 19 code. 20 4-22-4-29 Reserved. 2l Article V. Wild or Exotic Animals 22 4-30 Permit Required. 23 No person shall own, possess, keep, have, maintain or harbor any wild or exotic animal 24 without first applying to and receiving from the public health director or authorized designee a 25 permit to do so. 26 ~-31 Application and fee. 27 28 ~"24" 1 (a) The application for a permit shall contain the name of the applicant, his address, 2 the address of the proposed location of the animal if different from applicant's and a brief 3 description of the applicant's plan for keeping the animal which shad include the species of 4 animal, the number of individuals of each species and a description of the housing facilities for 5 the animal. 6 (b) The initial fee for the issuance of each permit shall be fifty dollars {$50.00), and 7 the permit shall be valid for a period of one (1) year from the date of its issuance unless revoked 8 or suspended. The fee shall cover either one (1) animal or a collection, and the maximum number 9 of specimens permitted to be kept shall be specified in the permit. Whenever a new animal or 10 collection is added so as to exceed the maximum number permitted, a new permit must be secured 11 and a new fee must be paid, to the exceptions in subsection (c). The fee shall be due and payable 12 at the time of issuance of the permit and shall be a prerequisite of such issuance. 13 (c) Whenever, in any given permit year, there are new animals in a collection due to 14 the reproduction of members of the collection or due to trade, exchange or replacement in the 15 same number and of the same zoological order as the members of the collection traded, exchanged 16 or replaced, the new animals do not require an additional permit during that year, provided the 17 animal control officer is notified in writing of the new animals within thirty (30) days of 18 acquisition. 19 4-32 Renewal Permit. 20 {a} Each succeeding year a renewal permit shall be obtained by a holder of a permit to 21 keep wild or exotic animals. The fee for issuance of a renewal permit shall be fifty dollars 22 {$50.00), and it is due and payable each year on the anniversary of the date of the issuance of the 23 initial permit. If during the preceding year or years more than one (1}initial permit has been 24 issued an applicant, the former permits may be consolidated so that only one {1}renewal permit is 25 required; provided, however, that the renewal date far the consolidated permit shall be the date of 2b the issuance of the earliest initial permit, 27 28 ~' 25 " 1 {b} A renewal fee for a wild or exotic animal permit shall become delinquent thirty 2 (30) days after it becomes due and payable; and upon delinquency, an additional delinquent fee of 3 twenty-five dollars {$25.00} shall be added to the regular fee. An unpaid delinquent fee shall be 4 added to a succeeding year's renewal fee. 5 4-33 Approval of application. 6 {a} Upon receipt of an application for an initial permit by the public health 7 department, the application shall be forwarded to the building inspection section of the county 8 development services department, and designated employees of these departments shall ascertain 9 whether or not the applicants plan is in conformity with county law governing their respective 10 department. I I {b) If the applicant's plan is in conformity with the law governing the departments, 12 departmental approval shall be indicated on the face of the application. If the applicant's plan is 13 not in conformity with the law governing the departments, the face of the application shall be 14 marked "Not Approved." and the reason for nonapproval noted thereon along with any revisions 15 or changes in the applicant's plan which, if made, would result in approval by the department in 16 question. 17 (e} Upon the approval by the departments of an application for an initial permit or 18 upon the receipt of an application for a renewal permit, the public health director or authorized 19 designee shall make any investigation he or she deems proper. He or she shall approve an 20 application if he or she finds all of the following: 21 (I) The keeping of the wild or exotic animal at the location specified in the 22 application will not violate any law ar ordinance of this county or any law of the state; 2; (2) The keeping and maintenance of the wild or exotic animal will not 24 endanger the peace, health or safety of persons in the immediate vicinity, or in the county as a 25 whole: 26 (3) The premises and housing where the wild or exotic animal is to be kept are ?7 28 ~' 26 '" 1 in a clean and sanitary condition; and any wild or exotic animal will not be subject to suffering, 2 cruelty or abuse; 3 (4) The applicant has not had a permit provided for herein revoked within a 4 year prior t© the date of the application; and 5 (5) `~"he keeping and maintenance of the wild or exotic animal does not 6 constitute a public nuisance. 7 4-34 Revocation and suspension. 8 Any permit issued pursuant to this article may be revoked or suspended as herein provided 9 if, after investigation, the public health director or authorized designee finds any of the following 10 to be true: 11 (1) The owner, his agent or employee, has been convicted of any offense involving l2 the violation of section 597 of the Penal Code, or any provision of this article, ar is in violation of 13 the Zoning, health and safety, or building ordinances relating to the keeping of wild or exotic 14 animals; or I S {2} The owner has failed to keep and maintain the premises or housing far the wild or 16 exotic animals in a clean and sanitary condition; or 17 (3) The owner has, at the place for which the permit is issued, failed to provide any 18 wild or exotic animal with proper food, water, shelter or attention; or 19 (4) The owner has violated any rules, regulations or conditions adopted by the public_ 20 health department as necessary to ensure that the wild or exotic animal will not endanger the 21 safety of any person or property. 22 ~-35 Appeal. 23 Any person aggrieved by any decision or action resulting from the application of this 24 article may appeal to the board of supervisors of Butte County. The appeal must be in writing and 25 must be received by the clerk of the board of super~~isors not more than fifteen {15) days after the 26 service of written notice of the decision or action. 27 ~g .,27v 1 4-3b Separate offense. 2 Every person violating any provision of this article shall be deemed guilty of a separate ~ offense for each day, or portion thereof, during which the violation continues, and shall be 4 punishable therefor as provided in this section. 5 ~-37 Wild or exotic animal de~ned~ 6 "Wild or exotic animal" means any of the following: 7 {1) Following members of the Class Reptilia: 8 a. Order Ophidia (such as, but not limited to, racers, boas, water snakes and 9 pythons} over eight (8) feet in length; and 10 b. Order Loricata (such as, but not limited to, alligators, caymans and 11 crocodiles} over four (4) feet in length. 12 {2) Following members of the Class Aves: 13 a. Order Falconiformes {such as, but not limited to, hawks, eagles and 14 vultures which are not kept pursuant to federal or state permit}; and 15 b. Subdivision Ratitae (such as, but not limited to, ostriches, rheas, 16 cassowaries and emus). 17 {3} Following members of the class Mammalia: 18 a. Order Carnivora, expressly excepting the domestic dog (Canis familiaris) 19 and the domestic cat (Fells catus), but including, but not limited to, the family Felidae {such as 20 ocelots, margays, tigers, jaguars, leopards and cougars}, the family Canidae (such as wolves, 21 Bingos and jackals, excepting coyotes): 22 b. Order Marsupialia (such as kangaroos, excepting opossums); 23 c. Order Chiroptera {bats); 24 d, Order Edentata (such as sloths, anteaters and armadillos); 25 e. Order Prosboscidea (elephants); 26 £ Order Primata {including, but not limited to, chimpanzees and gorillas, 27 28 `~ 28 '" 1 excepting monkeys}; and 2 g. Order Cngulata (expressly excluding any animal which would be included 3 within the definition of "domestic animal" and including, but not limited to, antelope, deer, bison 4 and excepting therefrom camels.} 5 {4) Any nondomestic species when kept, maintained or harbored in such a manner as b to constitute the likelihood of danger to the animals themselves, to human beings or to the 7 property of human beings. 8 {5} Any species of animal which is venomous to human beings whether it is venom 9 transmitted by bite, sting, touch ar other means, except honey-producing bees. 10 4-38 Running at large. 11 In the performance of his or her duties, an animal control officer shall not have the 12 authority to respond to calls to assist in situations of wild or exotic animals loose andlor at large 13 unless the public health director or designee authorizes such response. 14 4-39 Reserved. 15 Article VI. Notice to Appear in Court lb 4-40 Issuance authorized. 17 The County of ~3utte hereby authorizes the health officer, public health director, and 18 employees of its health department's rabies control and animal control programs to issue notices 19 to appear in court pursuant to chapter SC (commencing with section 853.5} or title 3 of part 2 of 20 the California Penal Code for violations of this chapter. The health officer or public health 21 director may authorize humane officers appointed pursuant to section14503 of California 22 Corporations Code to issue such notices to appear. 23 No such officers, employees and authorized humane officers, however shall be authorized 24 to take any person into custody even though the person to whom the notice is delivered does not 25 give his written promise to appear in court. The authority of any such employees under this 2b section is limited to the jurisdiction of the County of Butte. 27 ~g v 29 v Article VII. Dangerous Animals 2 4-4I Public protection from animals. 3 (a) Protection required. Every owner of an animal shall at all times: ~ { 1) Prevent such animal from biting or physically harassing any person 5 engaged in a lawful act and from interfering with the lawful use of public or private property. 6 {2) Prevent such animal from causing substantial injury to another domestic 7 animal while such domestic animal is lawfully upon public or private property. "Substantial $ injury" means any injury to an animal which results in veterinarian treatment or death. 9 (3) Desist from commanding or provoking such animal to attack, sic or 10 threaten a person when such person is peaceably and lawfully upon public or private property. 11 (b) Exclusion. A trained dog assisting a peace officer engaged in law enforcement 1? duties is excluded from this section. 13 -1-42 Permit required for dangerous animals. 14 The owner of an animal identified as a dangerous animal shall obtain and maintain a 15 current, valid dangerous animal permit issued pursuant to this article by the public health director. 16 -1-43 Definitions. 17 Unless the contrary is stated or clearly appears from the following context, the following 18 definitions shall govern the construction of the words and phrases used in this article: 19 {a) Dangerous Animal. The term "dangerous animal" shall mean any animal, except a 2Q trained dog assisting a peace officer engaged in law enforcement duties or afood-producing 21 animal being raised an a commercial farm or ranch, which demonstrates one {1) or more of the 22 following behaviors or characteristics: 23 {1) An attack, without provocation, which requires a defensive action by any 2~ person to prevent bodily injury or property damage or that results in an injury to a person or 25 property. 26 (2) Any behavior, without provocation, that constitutes a physical threat of 27 28 ~' 30 '" ~ bodily harm to a person when such attack, injury or behavior occurs in a place where such person 2 is conducting himself or herself peacefully and lawfully. ~ (3) An attack, without provocation, on another animal, which attack occurs oIf 4 the property of the owner of the attacking animal 5 (4} An animal that creates or constitutes a menace to the public's health and 6 safety due to its training or inherent nature. 7 {5) A dog which has scars or v~~ounds which are attributable to fights or 8 altercations with another domestic animal. 9 (b} Animal Control Officer. The term "animal control officer° shall mean any person, 10 whether an employee of the County of Butte, an independent contractor or an employee of an I 1 independent contractor, designated as an animal control officer by the director of public health. 12 (c) Owner. The term "owner" shall mean any person who owns or has any ownership 13 or possessory interest in, possesses, keeps, has, maintains or harbors an animal 14 4-44 Dangerous animal permit required. 15 The owner of any dangerous animal, as defined in section 4-43{a) shall, within five (5) l6 working days of receipt of written or oral notification by an animal control officer that said animal 17 is dangerous, apply for a dangerous animal permit, 18 4-45 Application procedure. 1 R An application for a dangerous animal permit shall be submitted in writing to the public 20 health director. The application shall be accompanied by a fee of one hundred dollars ($100.00) 21 and shall contain the name of the applicant, the applicant's address, the applicant's home and 22 business phone numbers, the address and description of the proposed location where the animal 23 will be kept, and a complete description and a color photograph of the animal. 24 4-46 Disputed identification of domestic animal as dangerous. 25 {a) Hearing Request. If the owner of the animal disputes the animal control officer's 26 identification of the animal as a dangerous animal, he or she may, within five {5) working days of 27 28 ~" 31 `" 1 receipt of the notification, submit a written request for a hearing to the public health director. 2 Failure of the owner to made a timely request for a hearing shall result in the animal being 3 declared dangerous, and the owner shall be required to comply with the requirements of sections 4 4-42 and 4-~4 to apply for a permit. 5 {b} Hearing. A hearing pursuant to this section shall be conducted in an informal 6 manner by the public health director. The hearing should be held within ten {10) days of the 7 receipt of the hearing request. The hearing may be continued if the public health director deems it 8 necessary and proper or if the owner or animal control officer shows good cause. Both the owner 9 of the animal and the animal control officer may present relevant evidence and call and cross- 1 Q examine witnesses, but the strict rules of evidence shall not be applicable. The public health 11 director or authorized designee shall render a brief written decision within ten (1 O} days of the I2 conclusion of the hearing. Said decision shall be final. l3 -1-47 Permit nontransferable; veld an change of location. 14 A permit obtained under this section is not transferable. If the permittee's address or the 15 location where the animal is kept changes, or the animal is sold, assigned, donated, leased or 16 otherwise transferred or disposed of, the permit automatically becomes void and a new application 17 must be submitted to the public health director pursuant to section 4-45 above. 18 ~-48 Issuance of permit for dangerous animal. 19 The issuance of a dangerous animal permit shall be conditioned upon the animal owner's 20 promising in writing to comply with the rules and regulations specified in section 4-51 below and 21 to any reasonable criteria related to the proper care, control, maintenance and use of the animal 22 which the public health director shall establish. 23 4-49 Expiration and renewal of permit. 24 A permit issued pursuant to this article shall be valid for one (1) year unless it becomes 25 void pursuant to section 4-47 or is revoked pursuant to section 4-53. If the permittee fails to file 26 an application for a new permit pursuant to section 4-45 above prior to the permit anniversary 27 28 ~' 32 " 1 date, the permit shall automatically become void, 2 4-SQ Deniai of permit. 3 {a) Grounds. "I'he public health director may deny a dangerous animal permit in any ~l of the following situations: S (1 } When the applicant ar permit holder has willfully withheld or falsified any 6 information required for a permit. 7 {2) If the applicant or permit halder has been convicted within the past five (~) $ years, by a court of law, for any violation of this article, or any other laws{s) relating to animals, 9 public nuisance caused by animals, or cruelty to animals in this or any other state. For purposes of 10 this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged. 11 (3) Whenever the animal owner fails to allow the animal control officer or 12 other designated representative to conduct an inspection of the owner's property where the animal 13 is kept or proposed to be kept. 14 (4) Whenever the owner of the dangerous animal fails to comply with any of 15 the rules and regulations of section 4-51. 1 b {~) Whenever an attack against a human being by the animal has resulted in 17 substantial injury or fatality. 1 S (b) Surrender or Removal of Animal. Upon written or oral notification being given 19 that a dangerous animal permit has been denied, the owner of such animal shall, within three {3) 20 calendar days of such notification, surrender said animal to the animal control officer or provide 21 written proof to the public health director in the form of a declaration under penalty of perjury that 22 such animal has been permanently removed from the County of Butte to an identified location. 23 ~-51 Rules and regulations. 24 The owner of a dangerous animal shall comply with the following rules and regulations: 2S {a) When the animal is off the property of its owner, it must be restrained with a leash 26 not to exceed three (3) feet in length and shall be under the direct control of a responsible adult 27 ^^ ~g ~~ 1 capable of restraining such animal, 2 {b} The animal must be maintained so that it is not a threat to any mail carrier, ~ sanitation worker, meter reader, ar other person who has the lawful right, either by expressed or 4 implied consent, to enter the property where the animal is kept. 5 {c} The animal shall not be allowed upon any unenclosed premises unless it is leashed 6 and controlled by a responsible adult. The animal shall not be tethered, tied or staked on any 7 unenclosed premises. $ (d) The animal shall be kept in a fenced yard, kennel, run or enclosure approved by 9 the animal control officer and maintained in such a manner to ensure that it is always secure to 10 keep the animal inside. 11 (e) Each entrance to the property where the animal is kept shall be posted with a 12 legible sign, conspicuous to the public, warning persons of the presence of said dangerous animal 13 and containing an accurate description or picture thereof. 14 {f) The owner shall notify all persons residing in the same household or on the same 15 premises that the dangerous animal permit exists and of the conditions of said permit. 16 (g} All local and state laws regarding the care, use, control and maintenance of 17 animals shall be strictly complied with. 18 {h) In addition to any registration tag required to be worn pursuant to this chapter, the 19 animal shall at all times wear a separate tag issued by the public health director designating it as a 20 dangerous animate 21 (i) "The owner of the animal shall, at his or her expense, have a microchip assigned 22 by the public health department, implanted. 23 (j} Prior to the issuance of the permit, the owner shall submit to the public health 24 director proof of his or her financial responsibility to pay, at all times during the term of the 25 permit, damages for bodily injury to or death of any person or persons which may result from the 26 ownership, keeping or maintenance of such animal. Such proof shall be in a form satisfactory to 27 28 34 ~' 1 the public health director. Submission of a certificate of insurance duly executed by an insurance 2 company or companies authorized to transact business in the State of California and certifying that 3 the owner has in full force and effect liability insurance in a minimum amount of one hundred ~ thousand dollars {$100,000.OQ) for bodily injury to or death of any person or persons which may 5 result from the ownership, keeping or maintenance of such animal shall be deemed satisfactory b proof of financial responsibility. Any such certificate of insurance shall specify that the insurer '7 shall advise the public health director at least thirty (30} days in advance of cancellation, material 8 change or nonrenewal of such policy of insurance. 9 4-52 Inspection. I0 Permits issued pursuant to this article shall provide that, as a condition for issuance, the I I premises upon which an animal is maintained shall, upon the request of the animal control officer, 12 be opened at any reasonable hour for inspection by the animal control officer. I ~ -t-53 Revocation of permit. 14 {a) Grounds. Subject to the provisions of subsection ('o} below, any dangerous animal 15 permit issued pursuant to this article maybe revoked by the public health director if he or she has lb reasonable cause to believe any of the following is true: I7 (1 ~ The permittee, or the person caring for or having control or possession of 18 the animal, has violated any local animal ordinance, zoning, health and safety or building 19 ordinance or Penal Code section relating to the keeping, care or use of any animals. 20 (2} The permittee or the person caring for or having control or possession of 21 the animal has violated or allowed to be violated any rules, regulations or conditions of the 22 dangerous animal permit. 23 (b} Notice. If, after investigation, the public health director concludes that one (1) or 24 more of the above grounds for revocation has occurred, he or she shall cause written notice 25 thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the 26 grounds of possible revocation of the permit and shall specify a date and time for an informal 27 28 v 3~ v I hearing to be held before the public health director. Said hearing date shall be not less than five 2 (5) days subsequent to the date the notice is mailed. After the informal hearing, the public health 3 director may modify the terms of the permit or revoke the permit. 4 {c) Surrender or Removal of Animal. Upon written or oral notification of the 5 revocation of a dangerous animal permit, the ov~mer of such animal shall, within three (3) calendar 6 days of such notification, surrender said animal to the animal control officer or provide written 7 proof to the public health director in the form of a declaration under penalty of perjury that such 8 animal has been permanently removed from the County of Butte. 9 ~-~4 Grounds for summary seizure and impoundment. 10 Notwithstanding any other provision of this article, the public health director, an animal ll control officer or peace officer may summarily seize and impound an animal pending any hearing 12 pursuant to this article where there are reasonable grounds to believe that the animal: 13 (a) Poses an immediate threat or danger to the public or to an animal's health and 14 safety; or 1 S (b) I-Ias demonstrated one {1} or more of the behaviors or characteristics set out in 16 section 4-43 and does not have a valid dangerous animal permit; or 17 (e) Is subject to a valid dangerous animal permit, and has not been kept or maintained f 8 in accordance with the terms thereof. l9 ~-55 Notice of summary seizure and impoundment. 20 (a) If the owner of the animal is not present when the animal is seized and 21 impounded, the animal control officer shall post a notice of such impoundment on the front door 22 or other appropriate place at the residence of such person, which notice shall state: 23 (1) That the animal has been impounded; 24 {2) Where the animal is being held; 25 (3} The name, address, and telephone number of the agency or person to be 26 contacted regarding release of the animal, 27 28 `~ 36 " I (4) The consequences as specified in section 4-56, of not requesting a hearing 2 within seventy°two (72) hours of the animal's seizure. 3 {b) If the owner of the animal is present at the time of the seizure, that person shall be 4 given a written notice with the same information as specified in subsection (a) above. S -T-56 Past-seizure request far hearing. 6 (a) If the owner of the animal seeks to have the animal released from impoundment, 7 that person shall submit a request far hearing to the public health director within seventy-two (72) 8 hours of the seizure. 9 (b) The seventy-two hour period does not include the days the impounding agency is 10 closed to the public. 11 (c) If no request for hearing is submitted as specified in subsection (a}, a letter shall 12 be sent by certified mail to the animal owner's last-known address notifying him or her that the I3 animal may be destroyed or otherwise disposed of following one hundred twenty {120) hours from 14 the seizure. 15 4-57 Hearing fallowing impoundment. 16 (a) Dearing Date. Except as otherwise provided, the owner of any animal impounded 17 pursuant to this article is entitled to a hearing conducted by the public health director within ten 18 (T0) days of receipt of a request for hearing. 19 {b) Continuance. A hearing may be continued if the public health director deems it 20 necessary and proper or if the owner or the animal control officer shows good cause. 2 T (c) Evidence. The owner of the animal and the animal control officer may present 22 relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not 23 be applicable. 24 (d) Decision. The public health director or authorized designee shall render a brief 25 written decision within ten {10) days of the conclusion of the hearing. Said decision shall be final 26 and may: 27 28 37 " 1 (1) Order that the animal will be destroyed, if the animal has bitten or injured 2 a person or domestic animal; 3 (2) Declare the animal to be a dangerous animal as defined in section 4-43; or 4 (3} Require the owner or possessor, before the animal is released to his or her 5 custody, to obtain a dangerous animal permit pursuant to this article. 6 4-58 Restrictions after permit denial or revocation. 7 Any person who has had a dangerous animal permit denied or revoked pursuant to this 8 article shall not own or have any ownership or possessory interest in, possess, keep, have, 9 maintain, harbor or be in charge of any dangerous animal for a period of three (3) years from the 10 date said animal was declared dangerous pursuant to this article or from the denial or revocation 11 of the permit, whichever date is later. The public health director shall not issue or renew any 12 dangerous animal permit to or for said person within said three-year period. 13 4-59 Violations. 14 (a} Misdemeanor; Each Day a Separate Offense. Any animal owner violating any 15 provision of this article or any of the terms or conditions of a dangerous animal permit issued 16 hereunder shall be deemed guilty of a misdemeanor. Each and every day or portion thereof that 17 such person violates or continues to violate any such provision, terms or conditions constitutes a 18 separate offense and may be charged and punished separately without awaiting conviction of any 19 prior violation. 20 {b) Nuisance. Any violation of any provision of this article ar any of the terms or 21 conditions of a dangerous animal permit issued hereunder is hereby declared to be a public 22 nuisance and may be abated as provided by law. ~3 (c) Remedies Cumulative. The remedies provided in this article are cumulative and 24 not exclusive. Nothing in this article bars any legal, equitable, administrative or summary remedy 25 to which any aggrieved public agency, person, firm, corporation or partnership may otherwise be 2b entitled." ~7 28 y38~" I SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any 2 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, 3 such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining 4 provisions or other applications of the Ordinance which can be given effect without the invalid 5 provision or application thereof. 6 SECTION 4. Effective Date and Publication. This ordinance shall take effect thirty (3Q} days 7 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to 8 publish this ordinance before the expiration of fifteen (I S} days after its passage. This ordinance ~ shall be published once, with the names of the members of the Board of Supervisors voting for 1Q and against it, in the Enterprise Record, a newspaper of general circulation in the County of Butte, I 1 State of California. I2 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of 13 California, an the 4`h day of November, 20Q8, by the following vote: 14 I~ AYES: Supervisors Connelly, Dolan, Yamaguchi ,Kirk and Chair Josiassen NOES: None I b ABSENT: None NOT VOTING: None 17 l8 19 Za ?1 ~ ~ / ATTEST: ?~ C. BRIAN IIAD e 2 J Administratjve O ~ ~le a~f ~~ By ~ l 24 ?5 26 ~7 28 `"39" (~ F _ _,._~_ ~, URT JOSIASSEN, Chair