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HomeMy WebLinkAbout40401 Ordinance No :4440 2 3 AN ORDINANCE OF THE COUNTY OF BUTTE 4 AMENDING CHAPTER 4 OF THE BUTTE COUNTY CODE 5 RELATING TO ANIMALS 6 The Board of Supervisors of the County of Butte ordains as follows: 7 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 10 practices and to change the citations of state code sections which have been altered since the last 11 revisions to Chapter 4. 12 In addition, more options are needed to resolve problems created by barking dogs in 13 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 Iess need to regulate barking dogs in unincorporated areas outside these 17 spheres of influence due to factors such as lower densities, generally larger lots, greater incidence 18 of larger animals and agricultural operations and noises associated therewith, and the common 19 use a£ dogs for watchdog and safety reasons. For these reasons, the proposed provisions set 20 Earth in Article IA, "Barking Dogs" of the Ordinance Amending Chapter 4, shall apply only 21 within the unincorporated areas of such spheres of influence. For the same reasons, the 22 provisions of Section 4-1.5 "Dogs Running At Large-Prohibited" shall continue to apply only 23 within the unincorporated area of such spheres of influence. 24 Additional authority 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 2b 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 2 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: 5 "Chapter ~ 6 ANIMALS 7 Article I. Dogs S 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 or unlicensed, to be 11 or run in or upon any public or private place or premises within the county other than those of 12 such owner or custodian, except in the following instances: 13 (a) Upon the private premises of another, by and with the consent of the 14 owner of such private premises; 15 (b) Upon a public street, sidewalk or way, while under the effective control of 16 a person capable of controlling and who does maintain effective control of such dog at all times, 17 to the end that such dog shall not be allowed to commit any act of nuisance. 1$ 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 fallowing 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 (d) Annoying, harassing, nipping, mauling ox biting any person or persons; 5 (e) A female dog in breedable condition (in heat}, being within the county, 6 except when confined in or upon the premises of its owner or custodian, or where being 7 exercised under the direct and strict control of its owner or responsible person, or where being 8 transported within the county for purposes of veterinary care; 9 {f} Damaging or destroying any property or thing of value; 10 {g) Creating a disturbance in a neighborhood by howling, barking ax making 11 unusual noises; 12 (h) Committing excretion on private property other than the property of its 13 owner or custodian, and where an owner or responsible person fails to immediately 14 remove such excretion. 4-1.3 Same - Abatemen#. 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 1 S 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 4-1.4 Penalty for violation of sections 4-1, 4-1.2, and 4-1.5. 26 Any person violating any provision of section 4-1, 4-1.2(e) or 4-1.2(f) or 4-1.5 shall be 27 28 v3y 1 guilty of an infraction, punishable by fine or fines of not less than f fry dollars ($50.04) 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 4-1.5 Dogs running at large -Prohibited. 7 Notwithstanding anything to the contrary in section 4-1 through 4-1.3, this section S shall apply in the unincorporated areas of the county as described in section 4-1.6. Within 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 17 the person who has the dog under control by a leash as defned 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 hereby 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. 22 4-I.G 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 for the cities of Biggs, Chico, 27 28 v4v 1 Crn-idley and Oroville, and the Town of Paradise. 2 4-2 Registration required. 3 Every person who lives in the unincorporated area of the county and who owns or keeps a 4 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 (4) months; 6 {b) Such person moves into the unncorporated area of the county; or 7 (c) Such person acquires the dog. 8 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 {6} 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 Dag Capacity 22 6-10 23 24 25 26 27 28 11-49 50-99 100 or more Amount of Fee $50.00 lao.oo lsa.oo 500.00 In the event a kennel license is not obtained during the applicable period specified in "5" 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 4 chapter are 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 6 compliance with California law and shall wear a collar and a tag provided at the expense of the 7 kennel owner or operator. Such tag shall identify the kennel owner anal the applicable Butte 8 County kennel license number. 9 (d} Dog license fees shall be as follows: 10 Unspayed/unneutered fee: 11 Annual fee .............................$20.00 12 Biennial fee .............................35.00 13 Triennial fee ......................•--•--45.00 14 Spayedlneutered fee: 1 S Annual fee ............................$12.00 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 4-4.1 Definitions. 23 For purposes of this chapter, the fallowing wards 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 28 v6v 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 anirr~al control," "rabies control 4 program coordinator," and "rabies prevention coordinator" shall be deemed to refer to and 5 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, ar has custody or control of any animal; $ or 9 {b) A person whose agent, ezx~ployee, ar 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 for providing registration and kennel license applications and registration tags and kennel 1 S licenses. Dogs may be registered and kennel licenses obtained at the animal control shelter, or 19 at other places designated by the public health director or authorized designee for Butte County. 20 4-G Vaccination-Required 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 of time 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 {36) znornhs. 26 4-7 Same-Required before issuance of kennel 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 certif cate that the kennel is operated in a sanitary and proper manner 5 so as not to constitute a nuisance to the neighborhood. 6 ~-7.1 Revoca#ion of kennel license 7 (a) Any kennel license may be revoked if, after an administrative hearing, it is S determined that the licensee has failed to comply with the terms of the license, or any of the 9 following are found to be true: 10 (1) The licensee, or his or her agent or employee, has been convicted of any offense 11 involving the violation of section 597 of the Penal Cade, or any provision of this article, or is in 12 violation of the zoning, health and safety, or building ordinances relating to the keeping of 13 animals; or 14 (2) The licensee has failed to keep and maintain the premises in a clean and sanitary 15 condition; or 16 (3) The licensee has failed to provide any animal kept at the property where the 17 kennel is located with proper food, water, or shelter; or 18 (4) The licensee exceeds the number of dogs allowed under the use andlor kennel 19 permit. 20 4-7.2 Notification 21 lf, after investigation, it is determined that a licensee is not in compliance with the terms 22 of the kennel license, the public health director, or his or her designee, shall send the licensee a 23 written notice that explains the terms of the license that are not being complied with, and that the 24 licensee must correct the problems within ten (10) days. The written notice shall also explain 25 that if the licensee does not voluntarily correct the identified problems, an administrative hearing 26 may be held to determine if the license should be revoked. if it is determined after the 27 28 ., 8 ., 1 expiration of the ten { 10} day period set forth in the written notice that the licensee has failed to 2 voluntarily correct the problems and comply with the terms of the license, the public health 3 director, or his or her designee, may set the matter for an administrative hearing. 4 4-7.3 Administrative Hearing 5 (a) The public health director or his or her designee may set the matter for an 6 administrative hearing by providing the licensee with a Notice of Kennel License Revocation 7 Hearing. The Notice of Hearing shall be mailed to the licensee, and posted at the location where 8 the kennel is located, at least ten {10) calendar days before the date of the scheduled hearing. 9 (b} The Kennel License Revocation Hearing shall be held before a Hearing Officer 10 designated pursuant to the protocol set forth in that document entitled the "Butte County 11 Administrative Hearing Officer Program." 12 (c) At the time and place set far the hearing, the Hearing OfFcer shall hear testimony and 13 receive written andlor documentary evidence relating to the alleged failure of the licensee to 14 comply with the terms of the kennel license or the provisions set Earth in 4-7.1. The Hearing 15 Officer shall record the audio of the hearing or engage the services of a court reporter to record 16 the hearing, and shall preserve the record, including any written or documentary evidence 17 introduced by the parties, for a period of three (3) years. 18 (d) Within fifteen {15) calendar days after the hearing is closed the Hearing Officer shall 19 render a written decision whether the kennel license shall be revoked. The decision shall 20 contain findings of fact and conclusions of law. A copy of the decision shall be mailed to the 21 public health director and the licensee, at the property where the kennel is located, unless the 22 licensee provides the hearing officer with an alternative address at the hearing. The Hearing 23 Officer's decision shall be final. 24 4-7.4. Right to Judicial Review. 25 {a} Either party may seek judicial review of the Hearing Officer's decision by filing a 26 petition for a writ of mandate with a request to stay the Hearing Off cer`s decision in the Civil 27 28 v~v 1 Division of the Butte County Superior Court in accordance with the procedure set forth in 2 California Code of Civil Procedure section 1094.5 et seq. Documents shall be served upon the 3 "Clerk of the Board of Supervisors, County of Butte, 25 County Center Drive, Oroville, 4 California 95965." 5 {b) No judicial appeal is permitted where a party has failed to appear at a properly 6 scheduled administrative hearing. 7 4-$ Same-Proof of vaccination may be submitted by mail after registration, etc.; failure $ to submit. 9 To facilitate the administration of this article, the public health director and other persons 10 authorized to register dogs and issue kennel licenses are hereby authorized to accept registration 11 and kennel license fees for dogs and kennels not meeting the vaccination requirements in 12 sections 4-6 and 4-7 above and to give a receipt therefor without issuing a registration tag. The 13 public health director or authorized designee shall arrange for proof of vaccination to be returned 14 by mail. The dog or kennel owner shall be allowed thirty (30) days from the date of his receipt 15 to present proof of vaccination to the licensing authority. Upon receipt of proof of vaccination 1 b against rabies as required in section 4-6 above, the licensing authority shall mail or otherwise 17 present to the dog owner or kennel owner the registration tag or kennel license. 1n the event that 18 proof of vaccination is not returned to the licensing authority within thirty (30) days from the 19 date of the fee receipt, then the fee shall be forfeited to the county and the dog or kennel shall not 20 be registered or licensed. 21 4-9 Registration tag. 22 When a person's dog is registered, he shall be given a registration tag which shall be 23 fastened to the dog's collar or harness and warn by the dog at all times. 24 4-10 Impounding of unregistered or untagged dogs; impounding fee; redemption. 25 Any unregistered dog or registered dog not wearing its registration tag may be 26 impounded. if the dog is not claimed after a period of four (4) business days not including the 27 2$ 10 '" 1 day of impoundment, such dog maybe destroyed. Any unregistered dog maybe claimed at the 2 pound if the owner pays the boarding fees charged at the pound by the public health department 3 as authorized under section 4-11 of this article and if the owner registers the dog pursuant to 4 section 4-4(d) of this article. On receipt of the registration fee, a receipt shall be issued; and if S ~ ~ proof of vaccination against rabies as required in section 4-6 is presented, a registration tag shall 6 be given the person. If such proof is not presented, the provisions of section 4-8 shall prevail. 7 4-101 Impoundment of licensed dogs running at large; redemption of impounded dogs by 8 owner; disposition of unredeemed dogs. 9 It shall be the duty of the public health director or authorized designee to impound all 10 licensed dogs caught running at large anywhere in the unincorporated areas of the county i 1 contrary to the provisions of this Code. Upon the taking up and impoundment of any such dog 12 pursuant to this section, the public health director or authorized designee shall ascertain from 13 county license records the owner of the impounded dog and forthwith give to the owner a written 14 notice thereof, by mailing a copy of such notice to the owner at the address listed on the license 15 application. The public health director or authorized designee shall turn aver any dog taken in 16 by him to the owner thereof after payment of the boarding fees charged by the public health 17 department as authorized under section 4-11 of this article. Unless called far and redeemed 18 within four {4} business days not including the day of impoundment, any dog taken up under the 19 provisions of this section maybe destroyed by the public health department. 20 4-11 Fees for impoundment, boarding and transport. 21 The public health department shall charge and collect fees from animal owners for the 22 redemption of impounded animals according to the following schedule: 23 (1) Impoundment: Fees 24 ls` impoundment, per animal ..........................................$25.00 25 2nd impoundment, per animal ..........................................40.00 26 3rd and subsequent impoundments, per anirnal ...............50.00 27 28 11 " 1 (2) Boarding fee, per day: 2 Dogs and cats ....................................................................7.50 3 Poultry, rabbits and other small-size animals ....................2.00 4 Goats, pigs and other medium-size animals ......................5.00 5 Horses, cows and other large-size animals ........................10.00 6 (3) Transport fee: 7 Poultry, rabbits, cats and other small-size animals, per $ trip from each location ....................................................$15.00 9 Goats, pigs, dogs and other medium-size animals, per 10 trip from each location ......................................................15.00 11 Horses, cows and other large-size animals ......................Actual cost 12 The f rst, second, third and subsequent impoundments of an animal or animals shall be 13 accumulated and counted within any twelve (12) consecutive month period. 14 4-12 Isolation, quarantine, etc., of suspected rabid animal; impounding. 15 Any animal which has bitten a person, or which has been in intimate contact with a 16 known or suspected rabid animal, or which is rabid or suspected of being rabid, shall be 17 quarantined in a manner set forth by the health officer pursuant to sections 121575 - 121714 of 18 the Health and Safety Code, and sections 2606-260b.6 of the California Code of Regulations, 19 title 17. Either the public health director or the health officer may order such quarantine. if the 20 animal is quarantined at the pound or other designated facility upon the order of the health officer 21 or public health director, said animal may be redeemed by the owner at the end of the quarantine 22 or isolation period upon payment of the cost of boarding and feeding such animal while so 23 quarantined. Dogs quarantined pursuant to this section may be redeemed by the owner at the 24 end of the quarantine or isolation period upon payment of all fees, including, but not limited to 2S impoundment, boarding, licensing and vaccination fees. Dogs not redeemed within seventy two 26 (72) hours of the end of a quarantine or isolation period shall be deemed abandoned by the owner 27 28 ~' 12 " 1 and shall become the property of the County of Butte for disposal or other disposition. 2 4-13 Unlawful to interfere with impoundment; right of entry to impound; notice to owner 3 of dog. 4 It shall be unlawful to interfere with, oppose ar resist any authorized person collecting or 5 impounding dogs under the provisions of this article. Such authorized person shall wear a badge b and may go upon private property in pursuit of a dog, or may go upon private property other than 7 in pursuit of a dog for the purpose of enforcing this article, after previous written notice to the S dog owner, to comply with the provisions of this article. Nothing in this section contained shall 9 authorize constitutional violations of search and seizure laws. 10 4-14 Public health director. 11 The public health director or authorized designee shall enforce this article and the laws 12 of the state pertaining to the registration, vaccination, control, taking up, impoundment and 13 disposition of dogs. The public health director, ar employees thereof, is authorized to issue 14 notices of violation, and notices to appear in order to enforce this article and the laws of the state 15 but shall not be empowered to make arrests as a means of enforcement. 16 4-14.1 Enforcement of article. 17 It shall be the duty of the director of public health or his designee to exercise staff 1 & supervision over the animal control program and to carry out the provisions of this article, in 19 accordance with the then-current county budget as adopted by the board of supervisors. 20 Article TA. Barking Dogs 21 4-14.2 Definition. 22 "Barking dog" means a dog that barks, bays, cries, howls or makes any noise far an 23 extended period of tirne to the disturbance of any person at any time of day or night, regardless of 24 whether the dog is physically situated in or upon private property. Such extended period of time 25 shall consist of incessant barking far sixty (&0) minutes or more in any twenty-four hour period, 26 or intermittent barking for sixty {60) minutes or nr~ore during any twenty-four hour period. A 27 28 13 " 1 dog shall not be deemed a "barking dog" for purpose of this Article if, at any time the dog is 2 barking, a person is trespassing or threatening to trespass upon private property in or upon which 3 the dog is situated, or when the dog is teased or provoked by someone other than the owner. 4 4-14.3 Applicability. 5 {a} This Article is applicable only to the territory described in Section 4-1.6 of this 6 chapter. 7 (c) This Article makes any violation of keeping, maintaining, or permitting a 8 barking dog subject to civil fine. 9 (d) This Article establishes the administrative procedures for the imposition, 10 enforcement, collection, and administrative review of civil fines for barking dog violations 11 pursuant to Government Code section 53069.4 and the County's plenary police power. 12 (e} The issuance of a civil citation under this Article is solely at the County's 13 discretion and is one option the County has to address barking dog violations. By adopting this 14 Article, the County does not intend to limit its discretion to utilize any other remedy, civil or 15 criminal, including public nuisance remedies. 16 {f} The purpose of issuing civil citations pursuant to this Article is to 17 encourage voluntary and complete compliance with the provisions of this Article and to eliminate 18 nuisances for the protection and benef t of the entire community. 19 (g) This Article does not apply to dogs that are assisting the owner or 20 responsible person in charge of livestock or ranch operations in the herding or guarding of such 21 livestock or ranch operations. 22 4-14.4 Barking dog civil complaint procedure. 23 (a) A barking dog civil complaint is initiated by at least two {2) complainants from 24 separate households filing a first complaint by mail on forms provided by the public health 25 department. 26 (1) Upon filing of an initial complaint by at least two (2) complainants from 27 28 14 `" 1 separate households, an animal control off cer will make a personal visit with the dog owner or 2 responsible person to offer information about a dog violation and civil f ne and to provide 3 education materials and information on dog training courses and trainers. 4 (2) From the day of the visit, the dog owner or responsible person is 5 allowed ten { 10) days to remedy the barking violation. 6 (b} If after ten (10) days from the day of the visit the barking violation 7 continues, the original complainants must file a second complaint by mail on farms provided by 8 the department. 9 { i) Upon second complaint, the original complainants must sign a sworn I 0 affidavit, under penalty of perjury, that the dog barking is violating the county ordinance. 11 (2) An animal control off cer will then make a second visit with the dog 12 owner or responsible person and may issue a civil citation for the barking dog violation. 13 4-14.5 Barking dog citation -general. 14 (a) Any animal control officer has the authority to issue a civil citation to any 15 responsibie person for a barking dog violation that the animal control officer did not see or hear 16 occur but is based on a complaint, signed under penalty of perjury by the persons who have been 17 disturbed by the barking dog. 18 (I) A responsible person to whom a civil citation is issued shall be liable for 19 and shall pay to the County the fine or fines described in the barking dog citation when due. 20 {2) Where the responsible person is a minor under the age of eighteen {18) 21 years, the minor`s parents or legal guardian shall be liable for and held responsible for payment of 22 their minor child's citation fines and/or late penalties. 23 (3) In any case, the responsible person {by his/her parents when the 24 responsible person is under the age of eighteen (18)} shall have the right to appeal the issuance of 25 the citation by requesting an administrative hearing pursuant to the provisions of sections 4-14.9 2b and 4-14.10 ofthis Article. 27 28 `" 1 S '" 1 {b} Each day a barking dog violation exists, for which there are at least two (2) signed 2 complaints, beyond the initial ten (10) calendar day period allowed for correction, shall be a 3 separate violation and be subject to a separate citation and fine. A barking dog civil citation may 4 include a violation far one {1} or more days on which a violation exists, and for violation of one 5 (1} or more code sections. 6 4-14.b Barking dog citation -contents. 7 Each barking dog citation shall contain the following information: $ (a) Dates on which the complaints established the barking dog violation(s). 9 {b} Name of the responsible person for the barking dog violation(s) (if known). 10 (c) Address where the barking dog violation{s} occurred. 11 (d) The code section{s) violated. 12 (e) Whether the violation(s) were established by complainants. 13 (f) Amount of the fine for the violation(s) and procedure to pay the fine to 14 avoid a late payment penalty. 15 (g) Designation of prior civil citations issued for the same code violation{s}, if 16 known by the animal control officer. 17 (h} Notification of the procedure for requesting an administrative hearing 18 where the civil fne maybe contested, including the date by which such request must be made. 19 (i) A notice that a barking dog violation is a nuisance and that collection of 20 unpaid fines and/or penalties can result in additional fines and penalties. 21 (j} Signature of the animal control officer who issued the barking dog citation 22 and/ar civil fne. 23 (k) Date upon which the barking dog citation and/or civil fine was issued. 24 (1) Proof of service to be completed by the animal control officer indicating 25 whether citation was issued by personal service, by mail, ar by posting in a conspicuous place on 26 the property where the barking dog violation occurred. 27 28 ~' 16 " 1 (m} A self addressed envelope in which the violator can mail the civil fine to 2 the department if the citation is not contested. 3 (n) Any other information deemed necessary by the department for 4 enforcement or collection purposes. 5 4-14.7 Sex-vice of barking dog citation. 6 A barking dog citation may be served as follows: 7 (a) An animal control officer may personally serve the barking dog citation on the S responsible person. The responsible person shall be requested to sign a copy of the citation 9 showing his or her receipt of the citation and notice of the responsible person's right to an 10 administrative hearing. Signing the citation shall not constitute an admission of guilt. A refusal 11 to sign does not invalidate service of the citation. 12 (b) An animal control officer may mail the civil citation by certified mail, return 13 receipt requested, if the property owner and/or occupier's name is known but the violator is not 14 present when personal service is attempted. The citation shall be mailed to the address where the 15 barking dog violation occurred. 16 (c) An animal control officer may post a copy of the barking dog citation in a 17 conspicuous place on the property where the barking dog violation occurred if the property owner 18 and/or occupier's name is unknown. In this event, the citation shall also be mailed by certified 19 mail, return receipt requested to the owner of the property where the barking dog violation 20 occurred as reflected on the County's property tax rolls. A copy of the citation shall also be 21 mailed within 24 hours of pasting the citation addressed to "Resident" at the address where the 22 barking dog violation occurred. 23 4-14.8 Amount of barking dog civil fines. 24 Fines for violating the provisions of this Article shall be progressively increased based on 25 the number of violations occurring within the sanrie 12-month period as follows: 26 Barking Dog Civil Fines First violation $100.00 27 28 `" 17 " 1 2 3 Second violation in 12 months $200.00 Third and each subsequent violation in 12 months $500.00 4 4-f4.9 Payment of barking d©g civil fines. 5 (a) After receiving a barking dog violation citation, a violator may respond by either b ofthe following methods: 7 (1 } The violator may choose to correct the barking dog violation and pay the $ barking dog citation fine without contesting the fine in an administrative hearing. In that event, 9 payment of the citation fine must be received by the department prior to the date contained in the 10 citation by which the responsible party must request an administrative hearing to contest the fzne. 11 (i) Payment shall be made by enclosing the fine amount by check or 12 money order in the self-addressed envelope attached to the civil citation and mailing the envelope 13 to the public health department by U.S. first class mail, postage prepaid. 14 {ii) The public health director may authorize payment to be made in 15 accordance with any other method, at any location within the county, or to any address. 16 (2) A violator may choose to request an administrative hearing by the date 17 contained in the citation. In that event, the fine is due and payable to the hearing officer at the 18 conclusion of the hearing if the hearing off cer upholds the barking dog citation. 19 {i} The public health director or hearing officer may allow the violator 20 an additional period of time in which to pay the fine if the public health director or hearing officer 21 finds that such additional time for payment is necessary. 22 (b) Fines for barking dog violations must be received by the department within fifteen 23 (15) days of the date they are due as specified in subparagraph (a)(1) or (a)(2) above. 24 (c) The issuance of a barking dog citation andlor payment of a fine shall not bar the 25 county from taking any other enforcement action regarding a barking dog violation that is not 26 corrected, including issuing additional barking dog citations and/or criminal complaints. 27 28 `" 18 '" 1 4-14.10 Administrative hearing. 2 (a) Any person who receives a barking dog citation may contest it by submitting a 3 request in writing for an administrative hearing. Such request must be made by the date and time 4 contained in the barking dog citation. The hearing shall be held by a hearing officer selected 5 pursuant to the protocol set forth in that document entitled the "Butte County Administrative 6 Hearing Officer Program," on fzle in the office of the Chief Administrative Officer of the County. 7 (b) Upon receipt of request for an administrative hearing to contest the fzne, the 8 public health department shall schedule the hearing and notify the requestor in writing of the 9 administrative hearing date, time and location. 10 (c) A violator may contest the barking dog citation by denying that a violation 11 occurred, by denying that it was not corrected within the original ten (10) calendar day correction 12 period, if applicable, by denying that the violator is a responsible person for the violation, or by 13 proving the barking was provoked by the actions of others. 14 (d) A failure to personally appear at the administrative hearing shall constitute an 15 abandonment of any defense the violator may have to the barking dog citation. if the violator 16 fails to appear at the administrative hearing, any unpaid citation fine becomes immediately due 17 and payable. 18 4-14.11 Hearing procedures. 19 (a) Hearings shall be conducted by a hearing officer either: 20 (1 } On the date, time and place specified in the notification to the requestor of 21 the scheduled hearing which shall be set for a date that is not less than fifteen (15) days and not 22 more than sixty (60) calendar days from the date contained in the barking dog citation per section 23 4-149 above; or 24 (2} On the date assigned when a continuance pursuant to subsection {g) below 25 has been granted. 26 (b) The violator and complainant shall be notified of the assigned hearing date, time 27 28 19 " 1 anal location by the public health director or authorized designee by certified mail, return receipt 2 requested. 3 {c) The public health director or authorized designee shall provide all pertinent 4 documents and records in the possession of the department related to the barking dog citation to 5 the hearing officer. b {d) The violator and complainant shall be given the opportunity to testify and to 7 present evidence relevant to the barking dog citation. A parent or legal guardian of a violator 8 who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or 9 the administrative hearing will be deemed abandoned by the violator. Such abandonment shall 10 also constitute a failure to exhaust administrative remedies concerning the violation set forth in 11 the barking dog citation. 12 (e) The citation itself and accompanying complainant's affidavit signed under penalty 13 of perjury attesting to the barking dog violation provided to the hearing officer shall be accepted 14 by the hearing off cer as prima facie evidence of the violation and the facts stated in such 15 documents. 16 (fj An animal control officer is required to attend the hearing. 17 {g) The public health director or authorized designee may continue a hearing once if a 18 request for continuance is made showing good cause by a violator, a complainant, or a 19 representative of the county. A hearing officer may also continue a hearing upon his or her own 20 motion. All continuance requests shall either: 21 (1 } Be made in person at the hearing; or 22 (2} Be made by a written request received by the department or hearing officer 23 via a-mail, facsimile or letter at least seven (7} calendar days prior to the hearing date. 24 (h) If a continuance is granted, the parties will be notified, and a new hearing date 25 shall be scheduled that is within fourteen (14} calendar days of the date on which the continued 26 hearing was first scheduled to take place. 27 28 20 `" 1 (1) If fine request for continuance is denied, the parties will be notified, and the 2 hearing shall proceed as originally scheduled. 3 (2) If the violator is not present on an assigned hearing date and no 4 continuance of the hearing has been granted, this shall constitute an abandonment of the 5 administrative hearing, and a failure to exhaust administrative remedies concerning the violation 6 set forth in the barking dog citation. The violator's or complainant's failure to appear shall be 7 noted on the notice of decision completed by the hearing officer and mailed to the violator and 8 complainant. 9 (i) The hearing shall be concluded no more than fourteen (14) calendar days 10 following the assigned hearing date or a new hearing date based on a requested continuance 11 pursuant to section (2)(h) above. 12 {j) The hearing shall be conducted informally and the legal rules of evidence need not 13 be followed. 14 (k} The hearing officer does not have the authority to issue a subpoena or subpoena 15 duces tecum. 16 4-14.12 Administrative hearing decision. 17 (a) After considering all the evidence and testimony submitted at an administrative 18 hearing, the hearing officer shall issue a written decision to the violator and complainants to 19 uphold or to dismiss the barking dog citation based upon a conclusion of whether or not a 20 violation occurred for which the violator was a responsible person. The decision of the hearing 21 officer shall list the reasons for that decision. 22 (1) The hearing officer may consider alternatives that would result in 23 elimination of the barking dog problem in lieu of payment of the civil fine. These alternatives 24 may include, but are not limited to, use of a bark collar, and behavior modification training for the 25 barking dog and owner or responsible person. 26 (2) The decision of the hearing officer shall list any alternative resolutions 27 28 ~" 21 `" 1 ordered in Iieu of payment of the civil fine and establish a time certain for implementation of such 2 alternative remedies. 3 (3) The hearing officer's decision is final. 4 (4) The hearing officer has authority to determine an alternative resolution in 5 lieu of payment of the civil fine; however, the hearing officer has no authority to reduce the f ne. 6 {b} If the hearing officer's decision is to uphold the barking dog citation, the civil fine 7 imposed for the violation shall be due at the conclusion of the administrative hearing, oz at some S other tixne as directed by the public health dizectoz oz hearing officer. 9 (1} If the decision is to dismiss the barking dog citation, the civil fine shall no 10 longer be due and payable. If the penalty was deposited with the public health department, then 11 the department shall promptly refund the amount of the deposited penalty. 12 4-14.13 Right to judicial review. 13 (a) A responsible person may seek judicial review of the administrative hearing 14 decision by filing an appeal with the Superior Court in accordance with the pzovisions of 15 California Government Cade Section 53069.4. An appeal must be f led within twenty (20} 16 calendar days aftez the responsible person receives a copy of the notice of decision at the 17 conclusion of the administrative hearing. 18 { 1 } The appeal filed with the court must also contain a proof of service i 9 showing that a copy of the appeal was served upon the °Clerk of the Board of Supervisors, County 20 of Butte, 25 County Center Drive, Oroville, California 95965." 21 (2) The responsible person must pay the appropriate Superior Court filing fee 22 when the appeal is filed. 23 (b) No judicial appeal is permitted where a violator had failed to appear at an 24 assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog 25 citation by an unexcused nonappearance at the hearing. 26 Article II. Nutria 27 28 `~ 22 '" 1 4-15 Definition. 2 Nutria as used in this article, pertains to the animal also known as "south american beaver" 3 and also known as "coypu." ~ 4-I6 Reports required of persons raising, keeping or having nutria. 5 Any person raising, keeping or having nutria in the county shall make a monthly report to 6 the agricultural commissioner of the county, upon a farm prescribed by him, stating the number of 7 nutria animals on hand; number of nutria animals pelted during the month; number of nutria 8 animals sold, exchanged ar given away during the month; the name and address and the nutria 9 permit number of the person receiving the nutria animals; the number of surviving nutria animals 10 newly born during the month; the number of nutria animals acquired during the month from any 11 source; and the name, address and nutria permit number of the person supplying such nutria 12 animals. 13 4-17 Growers winding up business; county supervises disposal of animals. 14 Any nutria animal grower desiring to terminate or wind up his nutria growing business 1 S other than by sale ar other transfer of ownership shall forthwith notify in writing the agricultural 16 commissioner of the county, who shall then arrange with such nutria grower to have a 17 representative of the office of the agricultural commissioner of the county present to supervise the 18 disposal of all nutria animals; and upon the completion of such disposal as so supervised, the 19 agricultural commissioner of the county shall issue said nutria grower a certificate showing full 20 compliance with the provisions of this article. 21 4-18 Excluded from areas subject to flooding. 22 It shall be unlawful to raise or keep nutria in an area designated by the agricultural 23 commissioner of the county to be subject to flooding to such an extent that nutria animals could or 24 might escape from their pens or places of confnement. 25 4-19 Article supplements state law. 26 The provisions of this article are supplemental to and in addition to the provisions relating 27 28 " 23 " 1 to nutria contained in sections 5401 to 5405 of the California Food and Agricultural Code. 2 Article III. Cat Vaccination; Animal Vaccination Reporting; Welfare of Cats 3 4-20 Cat rabies vaccinations required. 4 Any person who owns a domestic cat over four (4) months of age in Butte County shall 5 have such cat vaccinated against rabies. The vaccination shall be maintained current with a b vaccine approved for use by the California Department of Public Health for a duration of 7 immunity of thirty-six (36) months. 8 4-20.1. Rabies vaccination reporting. 9 The owner of every animal vaccinated against rabies by a veterinarian shall be provided a 10 rabies vaccination certificate completed in the same form and content as required by the California 11 State Health and Safety Code. 12 4-20.2 Welfare of Cats. 13 {a) The public health department shall use awelfare-based approach to encourage the 14 voluntary prevention or mitigation of conditions that cause a source of offensive odors, source of 15 vermin infestation, source of human or animal disease, or other public health and safety issues 16 related to the keeping of cats an a premise. 17 (b) A cat welfare check may be initiated by at least two {2) complainants from 1$ separate households f ling a written complaint with the public health department animal control 19 division on forms established by the department. The complaints must be supported by 20 reasonable suspicion of conditions that pose unsafe, unsanitary or inhumane conditions, or 21 conditions that are injurious to neighboring persons or property. 22 (c} Upon filing of the complaints, an animal control officer shall make contact with 23 the owner or responsible person to arrange a personal visit to conduct an initial welfare check. 24 The animal control offcermay be accompanied by a licensed veterinarian possessing a current 25 license in good standing with the State of California. 26 {d) Where the owner or responsible person voluntarily allows a welfare check to be 27 2$ 24 " 1 conducted, such welfare check shall consist of the following: 2 (1) The animal control officer shall verify the status of rabies vaccination 3 certificates on all cats located on the premises. 4 (2) The animal control officer shall assess the provision of sustenance, potable 5 water, clean quarters, protection from weather, or whether through neglect or cruel treatment a 6 situation has been allowed to exist or persist that would cause acct-in-distress condition to occur 7 or persist. 8 {i). "Cat-in-distress" is hereby defined as a cat with observable signs_ 9 and symptoms including, but not limited to, lethargy, abnormal respiration rate, abnormal weight, 10 diarrhea, secretions from eyes, nose and mouth, and presence of extoparasites. 11 {3) Where the animal control officer is accompanied by a licensed 12 veterinarian, an assessment of the medical condition of the cats will be conducted by the licensed 13 veterinarian in order to determine whether medical care is necessary to any cat(s) exhibiting signs 14 of severe illness. 1 S {4) Where any such conditions exist, the animal control officer shall 16 encourage the voluntary mitigation of conditions by the owner or responsible person so that cats 17 are no longer kept in unsafe, unsanitary or inhumane conditions, or in conditions that may cause 18 economic or personal injury to neighboring persons ar property. 19 (5) Where the owner ar responsible party does not remediate the conditions 20 within ten {10) calendar days from the date the welfare check was conducted, the department may 21 enforce the provisions of Butte County Code or any law relating to or affecting animals of the 22 State of California, County of Butte, including Penal Code Section 597. 23 (e) When upon receipt of written complaints, the owner or responsible person will not 24 voluntarily allow access to conduct a welfare check, the complainants must sign a sworn affidavit, 25 under penalty of perjury, that set forth the basis of their complaint. 26 {1 } if the public health department determines the complaints provide 27 28 `" 2S '" 1 reasonable suspicion of conditions that pose a signif cant potential to cause harm to animals, 2 persons, or property, the public health department may seek an administrative warrant through the 3 Superior Court to allow access for purposes of conducting a welfare check. 4 (2) The welfare check skull be conducted as set forth in sections 5 420.2(d)_above. b (3) Where conditions pose unsafe, unsanitary or inhumane conditions, or are 7 injurious to neighboring persons or property, the public health department shall, where 8 practicable, first attempt to obtain voluntary remediation by the owner or responsible party. 9 {4) Where the owner or responsible party does not remediate the conditions 10 within ten (10) calendar days from the date the welfare check was conducted, the public health I 1 department may enforce the provisions of Butte County Code or any law relating to or affecting 12 animals of the State of California, County of Butte, including Penal Code Section 597. 13 Article IV. Animals at Large 14 ~4-21 Prohibited. 15 In addition to the provisions of section 4-1 and 4-1.5 that concern dogs running at large, it 1b shall be unlawful for any person owning or having the control of, ar being the keeper of, any 17 horse, mule, cow, goat, sheep, hog, ass, domestic fowl, or any other animal that is kept as a pet or 18 companion, or far agricultural or exhibition purposes, to permit that animal to run at large upon or 19 graze or feed upon any public street or unfenced lot in the county. Any animal so running at 20 large may be impounded; and, if such animal is not claimed within a period of seventy-two (72) 21 hours, such animal may be disposed o£ Any animal impounded may be clairzaed by the owner if 22 the owner pays the public health department the applicable fees as set forth in section 4-11 of this 23 code. 24 4-22-4-29 Reserved. 25 26 4-30 Permit Required. 27 28 Article V. Wild or Exotic Animals " 26 `" 1 No person shall own, possess, keep, have, maintain or harbor any wild or exotic animal 2 without first applying to and receiving from the public health director or authorized designee a 3 permit to do so. 4 4-31 Applica#ion and fee. 5 {a} The application for a permit shall contain the name of the applicant, his address, 6 the address of the proposed location of the animal if different from applicant's and a brief 7 description of the applicant's plan for keeping the animal which shall include the species of 8 animal, the number of individuals of each species and a description of the housing facilities for 9 the animal. 10 (b) The initial fee for the issuance of each permit shall be fifty dollars ($50.00}, and 11 the permit shall be valid for a period of one {1}year from the date of its issuance unless revoked 12 ar suspended. The fee shall cover either one (1) animal or a collection, and the maximum 13 number of specimens permitted to be kept shall be specified in the permit. Whenever a new 14 animal or collection is added so as to exceed the maximum number permitted, a new permit must 15 be secured and a new fee must be paid, to the exceptions in subsection (c). The fee shall be due 16 and payable at the time of issuance of the permit and shall be a prerequisite of such issuance. 17 (c) Whenever, in any given permit year, there are new animals in a collection due to 18 the repxoduction of members of the collection or due to trade, exchange or replacement in the 19 same number and of the same zoological order as the members ofthe collectian traded, exchanged 20 or replaced, the new animals do not require an additional permit during that year, provided the 21 animal control affcer is notifed in writing of the new animals within thirty (30) days of 22 acquisition. 23 4-32 Renewal Permit. 24 (a) Each succeeding year a renewal permit shall be obtained by a holder of a permit to 25 keep wild or exotic animals. The fee for issuance of a renewal permit shall be fifty dollars 26 ($50.00), and it is due and payable each year an the anniversary of the date of the issuance of the 27 28 ~' 27 " 1 initial permit. If during the preceding year or years more than one (1 }initial permit has been 2 issued an applicant, the former permits may be consolidated so that only one {1) renewal permit is 3 required; provided, however, that the renewal date for the consolidated permit shall be the date of 4 the issuance of the earliest initial permit. S {e} A renewal fee for a wild or exotic animal permit shall become delinquent 6 thirty {30} days after it becomes due and payable; and upon delinquency, an additional delinquent 7 fee of twenty-five dollars ($25.00} shall be added to the regular fee. An unpaid delinquent fee 8 shall be added to a succeeding year's renewal fee. 9 4-33 Approval of application. 10 (d) Upon receipt of an application for an initial permit by the public health 11 department, the application shall be forwarded to the building inspection section of the county 12 development services department, and designated employees of these departments shall ascertain 13 whether or not the applicant's plan is in conformity with county law governing their respective 14 department. 15 (e} If the applicant's plan is in conformity with the law governing the departments, 16 departmental approval shall be indicated on the face of the application. if the applicant's plan is 17 not in conformity with the law governing the departments, the face of the application shall be 18 marked "Not Approved," and the reason for nanapproval noted thereon along with any revisions 19 or changes in the applicant's plan which, if made, would result in approval by the department in 20 question. 21 {f} Upon the approval by the departments of an application for an initial permit or 22 upon the receipt of an application for a renewal permit, the public health director or authorized 23 designee shall make any investigation he or she deems proper. He or she shall approve an 24 application if he ar she f nds all of the following: 25 (1 } The keeping of the wild or exotic animal at the location specified in the 26 application will not violate any law or ordinance of this county or any law of the state; 27 28 '" 28 '" 1 {2} The keeping and maintenance of the wild or exotic animal will not 2 endanger the peace, health or safety of persons in the immediate vicinity, or in the county as a 3 whole: 4 (3) The premises and housing where the wild or exotic animal is to be kept are 5 in a clean and sanitary condition; and any wild or exotic animal will not be subject to suffering, 6 cruelty or abuse; 7 (4) The applicant has not had a permit provided for herein revoked within a S year prior to the date of the application; and 9 {S} The keeping and maintenance of the wild or exotic animal does not 10 constitute a public nuisance. 11 4-34 Revocation and suspension. I2 Any permit issued pursuant to this article may be revoked or suspended as herein provided 13 if, after investigation, the public health director or authorized designee finds any of the following 14 to be true: 15 (1} The owner, his agent or employee, has been convicted of any offense involving 16 the violation of section 597 of the Penal Code, or any provision of this article, or is in violation of 17 the zoning, health and safety, or building ordinances relating to the keeping of wild or exotic 18 animals; ar 19 {2) The owner has failed to keep and maintain the premises or housing for the wild or 20 exotic animals in a clean and sanitary condition; or 21 (3} The owner has, at the place far which the permit is issued, failed to provide any 22 wild or exotic animal with proper food, water, shelter or attention; ar 23 (4) The owner has violated any rules, regulations or conditions adopted by the public_ 24 health department as necessary to ensure that the wild or exotic animal will not endanger the 25 safety of any person or property. 26 4-35 Appeal. 27 28 `" 29 '" 1 Any person aggrieved by any decision or action resulting from the application of this 2 article may appeal to the board of supervisors of Butte County. The appeal must be in writing 3 and must be received by the clerk of the board of supervisors not more than fifteen (15} days after 4 the service of written notice of the decision or action. S 4-36 Separate offense. 6 Every person violating any provision of this article shall be deemed guilty of a separate 7 offense for each day, or portion thereof, during which the violation continues, and shall be $ punishable therefor as provided in this section. 9 4-37 Wild or exotic animal defined. 10 "Wild or exotic animal" means any of the following: 11 (1) Following members of the Class Reptilia: 12 a. Order Ophidia (such as, but not limited to, racers, boas, water 13 snakes and pythons} over eight ($) feet in length; and 14 b. Order Loricata (such as, but not limited to, alligators, caymans and 15 crocodiles) over four (4) feet in length. 1 b (2) Following members of the Class Aves: 17 a. Order Falconiformes (such as, but not limited to, hawks, eagles and 1 S vultures which are not kept pursuant to federal or state permit); anal 19 b. Subdivision Ratitae (such as, but not limited to, ostriches, rheas, 20 cassowaries and emus). 21 (3} Following members of the class Mammalia: 22 a. Order Carnivora, expressly excepting the domestic dog (Canis familiaris} 23 and the domestic cat (Felis catus), but including, but not limited to, the family Felidae (such as 24 ocelots, margays, tigers, jaguars, leopards and cougars), the family Canidae (such as wolves, 25 dingos and j ackals, excepting coyotes): 2b b. Order Marsupialia {such as kangaroos, excepting opossums); 27 2$ 30 " 1 c. Order Chiroptera {bats); 2 d. Order Edentata (such as sloths, anteaters and armadillos); 3 e. Order Prosboscidea (elephants}; 4 f. Order Primata {including, but not limited to, chimpanzees and gorillas, 5 excepting monkeys}; and 6 g. Order Ungulata (expressly excluding any animal which would be included 7 within the definition of "domestic anirrzal" and including, but not limited to, antelope, deer, bison 8 and excepting therefrom camels.) 9 {4} Any nondomestic species when kept, maintained or harbored in such a manner as 10 to constitute the likelihood of danger to the animals themselves, to human beings or to the 11 property of human beings. 12 (5} Any species of animal which is venomous to human beings whether it is venom 13 transmitted by bite, sting, touch ar other means, except honey-producing bees. 14 4-38 Running at large. 15 In the performance of his or her duties, an animal control officer shall not have the 16 authority to respond to calls to assist in situations of wild or exotic animals loose and/or at large 17 unless the public health director or designee authorizes such response. 18 4-39 Reserved. 19 Article VY. Notice to Appear in Court 20 4-40 Issuance authorized. 21 The County of Butte hereby authorizes the health off cer, public health director, and 22 employees of its health department's rabies control and animal control programs to issue notices 23 to appear in court pursuant to chapter SC {commencing with section 853.5) or title 3 of part 2 of 24 the California Penal Code far violations of this chapter. The health officer or public health 25 director may authorize hun:~ar~e officers appointed pursuant to section14503 of California 2b Corporations Code to issue such notices to appear. 27 2 $ `~ 31 " 1 No such officers, employees and authorized humane officers, however shall be authorized 2 to take any person into custody even though the person to whom the notice is delivered does not 3 give his written promise to appear in court. The authority of any such employees under this 4 section is limited to the jurisdiction of the County of Butte. 5 Article Vhf. Dangerous Animals 6 4-41 Public protec#ion from animals. 7 (a) Protection required. Every owner of an animal shall at all times: 8 (1 } Prevent such animal from biting or physically harassing any person 9 engaged in a lawful act and from interfering with the lawful use of public or private property. 1~ {2) Prevent such animal from causing substantial injury to another domestic 11 animal while such domestic animal is lawfully upon public or private property. "Substantial 12 injury" means any injury to an animal which results in veterinarian treatment or death. 13 (3} Desist from commanding or provoking such animal to attack, sic or 14 threaten a person when such person is peaceably and lawfully upon public or private property. 15 (b) Exclusion. A trained dog assisting a peace officer engaged in law 16 enforcement duties is excluded from this section. 17 4-42 Permit required for dangerous animals. 1$ The owner of an animal identified as a dangerous animal shall obtain and maintain a 19 current, valid dangerous animal permit issued pursuant to this article by the public health director. 20 ~-43 Definitions. 21 Unless the contrary is stated or clearly appears from the following context, the following 22 defnitions shall govern the construction of the words and phrases used in this article: 23 {a) Dangerous Animal. The term "dangerous animal" shall mean any animal, 24 except a trained dog assisting a peace officer engaged in law enforcement duties or a 25 food-producing animal being raised on a commercial farm or ranch, which demonstrates one (1) 26 or more of the following behaviors or characteristics: 27 28 ~' 32 " 1 (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 ar 3 property. 4 (2} Any behavior, without provocation, that constitutes a physical threat of 5 bodily harm to a person when such attack, injury or behavior occurs in a place where such person 6 is conducting himself or herself peacefully and lawfully. 7 (3) An attack, without provocation, on another animal, which attack occurs off S the property of the owner of the attacking animal. 9 {4) An animal that creates or constitutes a menace to the public's health and 10 safety due to its training or inherent nature. 11 {S} A dog which has scars or wounds which are attributable to fights or 12 altercations with another domestic animal. 13 (b} Animal Control Officer. The term "animal control officer" shall mean any 14 person, whether an employee of the County of Butte, an independent contractor or an employee of 15 an independent contractor, designated as an animal control officer by the director of public health. 16 {c) Owner. The term "owner" shall mean any person who owns or has any 17 ownership or possessory interest in, possesses, keeps, has, maintains or harbors an animal. 1$ ~1-~44 Danger©us animal permit required. 19 The owner of any dangerous animal, as defned in section 4-43(a) shall, within five (5) 20 working days of receipt of written or oral notification by an animal control officer that said animal 21 is dangerous, apply for a dangerous animal permit. 22 4-~15 Application procedure. 23 An application for a dangerous animal permit shall be submitted in writing to the public 24 health director. The application shall be accompanied by a fee of one hundred dollars ($100.00} 25 and shall contain the name of the applicant, the applicant's address, the applicant`s home and 26 business phone numbers, the address and description of the proposed location where the animal 27 ., 3 ~ ., 2$ 1 will be kept, and a complete description and a color photograph of the animal. 2 4-46 Disputed identification of domestic animal as dangerous. 3 (a) Hearing Request. if the owner of the animal disputes the animal control off cer's 4 identification ofthe animal as a dangerous animal, he or she may, within five (5) working days of 5 receipt of the notification, submit a written request for a hearing to the public health director. 6 Failure of the owner to make a timely request for a hearing shall result in the animal being 7 declared dangerous, and the owner shall be required to comply with the requirements of sections 8 4-42 and 4-44 to apply for a permit. 9 (b) Hearing. A hearing pursuant to this section shall be conducted in an informal 10 manner by the public health director. The hearing should be held within ten (10) days of the 11 receipt of the hearing request. The hearing may be continued if the public health director deems it 12 necessary and proper or if the owner or animal control ofl`icer shows good cause. Both the owner 13 of the animal and the animal control off cer may present relevant evidence and call and 14 cross-examine witnesses, but the strict rules of evidence shall not be applicable. The public health 15 director or autharized designee shall render a brief written decision within ten (10) days of the 16 conclusion of the hearing. Said decision shall be final. 17 4-4'7 Permit nontransferable; void on change of location. 1 S A permit obtained under this section is not transferable. If the permittee's address or the 19 location where the animal is kept changes, or the animal is sold, assigned, donated, leased or 20 otherwise transferred or disposed of, the permit automatically becomes void and a new application 21 must be submitted to the public health director pursuant to section 4-45 above. 22 4-48 Issuance of permit for dangerous animal. 23 The issuance of a dangerous animal permit shall be conditioned upon the animal owner's 24 promising in writing to comply with the rules and regulations specified in section 4-51 below and 25 to any reasonable criteria related to the proper care, control, maintenance and use of the animal 26 which the public health director shall establish. 27 28 `~ 34 " 1 4-49 Expiration and renewal of permit. 2 A permit issued pursuant to this article shall be valid far one {1}year unless it becomes 3 void pursuant to section 4-47 or is revoked pursuant to section 4-53. if the permittee fails to file 4 an application for a new permit pursuant to section 4-45 above prior to the permit anniversary 5 date, the permit shall automatically become void. 6 4-50 Denial of permit. 7 (a) Grounds. The public health director may deny a dangerous animal permit in any 8 of the following situations: 9 (1) When the applicant or permit holder has willfully withheld ar falsified any 10 information required for a permit. 11 (2) if the applicant or permit holder has been convicted within the past five {5) 12 years, by a court of law, for any violation of this article, ar any other laws(s) relating to animals, 13 public nuisance caused by animals, or cruelty to animals in this or any other state. For purposes of 14 this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged. 15 (3) Whenever the animal owner fails to allow the animal control officer or 16 other designated representative to conduct an inspection of the owner`s property where the animal 17 is kept or proposed to be kept. 18 (4) Whenever the owner of the dangerous animal fails to comply with any of 19 the rates and regulations of section 4-51. 20 {5} Whenever an attack against a human being by the animal has resulted in 21 substantial injury ar fatality. 22 (b) Surrender or Removal of Animal. Upan written ar oral notification being given 23 that a dangerous animal permit has been denied, the owner of such animal shall, within three {3) 24 calendar days of such notification, surrender said animal to the animal control officer or provide 25 written proof to the public health director in the form of a declaration under penalty of perjury that 26 such animal has been permanently removed from the County of Butte to an identified location. 27 28 35 " 1 4-51 Rules and regulations. 2 The owner of a dangerous animal shall comply with the following rules and regulations: 3 (a} When the animal is off the property of its owner, it must be restrained with a leash 4 not to exceed three (3}feet in length and shall be under the direct control of a responsible adult S capable of restraining such animal. 6 (b) The animal must be maintained so that it is not a threat to any mail carrier, 7 sanitation worker, meter reader, or other person who has the lawful right, either by expressed or 8 implied consent, to enter the property where the animal is kept. 9 {c) The animal shall not be allowed upon any unenclosed premises unless it is leashed 10 and controlled by a responsible adult. The animal shall not be tethered, tied or staked on any 11 unenclosed premises. 12 (d) The animal shall be kept in a fenced yard, kennel, run or enclosure approved by 13 the animal control officer and maintained in such a manner to ensure that it is always secure to 14 keep the animal inside. 1 S {e} Each entrance to the property where the animal is kept shall be posted with a l b legible sign, conspicuous to the public, warning persons of the presence of said dangerous animal 17 and containing an accurate description or picture thereof. 18 (f) The owner shall notify all persons residing in the same household or on the same 19 premises that the dangerous animal permit exists and of the conditions of said permit. 20 (g) All local and state laws regarding the care, use, control and maintenance of 21 animals shall be strictly complied with. 22 {h) In addition to any registration tag required to be worn pursuant to this chapter, the 23 animal shall at all times wear a separate tag issued by the public health director designating it as a 24 dangerous animal. 25 (i} The owner of the animal shall, at his or her expense, have a microchip assigned 26 by the public health department, implanted. 27 28 v 3b v 1 {j) Prior to the issuance of the permit, the owner shall submit to the public 2 health director proof of his or her financial responsibility to pay, at all times during the terra of the 3 permit, damages for bodily injury to ar death of any person or persons which may result from the 4 ownership, keeping or maintenance of such animal. Such proof shall be in a form satisfactory to 5 the public health director. Submission of a certificate of insurance duly executed by an insurance 6 company or companies authorized to transact business in the State of California and certifying that 7 the owner has in full force and effect liability insurance in a minimum amount of one hundred 8 thousand dollars ($100,000.00} far bodily injury to or death of any person or persons which may 9 result from the ownership, keeping or maintenance of such animal shall be deemed satisfactory 10 proof of financial responsibility. Any such certificate of insurance shall specify that the insurer 11 shall advise the public health director at least thirty {30) days in advance of cancellation, material 12 change or nonrenewal of such policy of insurance. 13 4-52 Ynspection. 14 Permits issued pursuant to this article shall provide that, as a condition for issuance, the 1 S premises upon which an animal is maintained shall, upon the request of the animal control officer, 16 be opened at any reasonable hour for inspection by the animal control officer. 17 4-53 Revpcafion of permit. 18 (a) Grounds. Subject to the provisions of subsection (b} below, any dangerous animal 19 permit issued pursuant to this article may be revoked by the public health director if he ar she has 20 reasonable cause to believe any of the following is true: 21 {1} The permittee, or the person caring for or having control or possession of 22 the animal, has violated any local animal ordinance, zoning, health and safety or building 23 ordinance or Penal Code section relating to the keeping, care or use of any animals. 2~1 (2) The permittee or the person caring for or having control or possession of 25 the animal has violated or allowed to be violated any rules, regulations or conditions of the 26 dangerous animal permit. 27 28 37 " 1 (b) Notice. If, after investigation, the public health director concludes that one (1) or 2 more of the above grounds for revocation has occurred, he or she shall cause written notice 3 thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the 4 grounds of possible revocation of the permit and shall specify a date and time for an informal S hearing to be held before the public health director. Said hearing date shall be not less than five 6 (S) days subsequent to the date the notice is mailed. After the informal hearing, the public health 7 director may modify the terms of the permit or revoke the permit. S (c} Surrender or Removal of Animal. Upon written or oral notification of the 9 revocation of a dangerous animal permit, the owner of such animal shall, within three {3} calendar 10 days of such notification, surrender said animal to the animal control officer or provide written 11 proof to the public health director in the form of a declaration under penalty of perjury that such 12 animal has been permanently removed from the County of Butte. 13 4-54 Grounds for summary seizure and impoundment. 14 Notwithstanding any other provision of this article, the public health director, an animal 1 S control officer or peace officer may summarily seize and impound an animal pending any hearing 16 pursuant to this article where there are reasonable grounds to believe that the animal: 17 (a} Poses an immediate threat or danger to the public or to an animal's health and 1$ safety; or 19 (b) Has demonstrated one (1) or more of the behaviors or characteristics set out in 20 section 4-43 and does not have a valid dangerous animal permit; or 21 (c) Is subject to a valid dangerous animal permit, and has not been kept or maintained 22 in accordance with the terms thereof. 23 4-55 Notice of summary seizure and impoundment. 24 (a} If the owner of the animal is not present when the animal is seized and 25 impounded, the animal control officer shall post a notice of such impoundment on the front door 26 or other appropriate place at the residence of such person, which notice shall state: 27 2$ ~" 38 `" 1 (1) That the animal has been impounded; 2 (2) Where the animal is being held; 3 (3) The name, address, and telephone number of the agency or person to be 4 contacted regarding release of the animal; 5 (4) The consequences as specified in section 4-56, of not requesting a hearing 6 within seventy-two (72} hours of the animal's seizure. 7 (b) If the owner of the animal is present at the time of the seizure, that person shall be 8 given a written notice with the same information as specified in subsection (a) above. 9 4-56 Post-seizure request for hearing. 10 (a} If the owner of the animal seeks to have the animal released from impoundment, 11 that person shall submit a request far hearing to the public health director within seventy-two (72) 12 hours of the seizure. 13 (b) The seventy-two hour period does not include the days the impounding agency is 14 closed to the public. 15 (c) If no request for hearing is submitted as specified in subsection (a), a letter shall 16 be sent by certified mail to the animal owner's last-known address notifying him or her that the 17 animal may be destroyed or otherwise disposed of following one hundred twenty (120) hours from 18 the seizure. 19 457 Hearing following impoundment. 20 (a) Hearing Date. Except as otherwise provided, the owner of any animal impounded 21 pursuant to this article is entitled to a hearing conducted by the public health director within ten 22 (10) days of receipt of a request for hearing. 23 (b) Continuance. A hearing maybe continued if the public health director deems it 24 necessary and proper or if the owner or the animal control officer shows good cause. 25 (c) Evidence. The owner of the animal and the animal control afficer may present 26 relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not 27 28 `"39~" 1 be applicable. 2 (d) Decision. The public health director or authorized designee shall render a brief 3 written decision within ten {10) days of the conclusion of the hearing. Said decision shall be final 4 and may: 5 { 1) Order that the animal will be destroyed, if the animal has bitten or injured C a person ar domestic animal; '~ (2) Declare the animal to be a dangerous animal as defined in section 443; or 8 (3) Requixe the owner or possessor, before the animal is released to his or her 9 custody, to obtain a dangerous animal permit pursuant to this article. 10 4-SS Restrictions after permit denial or revocation. 11 Any person who has had a dangerous animal permit denied or revoked pursuant to this 12 article shall not own or have any ownership or possessory interest in, possess, keep, have, 13 maintain, harbor ar be in charge of any dangerous animal for a period of three (3) years from the 14 date said animal was declared dangerous pursuant to this article or from the denial or revocation 15 of the permit, whichever date is later. The public health director shall not issue or renew any 16 dangerous animal permit to ar for said person within said three-year period. 17 4-59 Violations. 18 (a) Misdemeanor; Each Day a Separate Offense. Any animal owner violating any 19 provision of this article or any of the terms or conditions of a dangerous animal permit issued 20 hereunder shall be deemed guilty of a misdemeanor. Each and every day or portion thereof that 21 such person violates or continues to violate any such provision, terms or conditions constitutes a 22 separate offense and may be charged and punished separately without awaiting conviction of any 23 prior violation. 24 (b) Nuisance- Any violation of any provision of this article or any of the terms or 25 conditions of a dangerous animal permit issued hereunder is hereby declared to be a public 26 nuisance and may be abated as provided by law. 27 28 40 " 1 (c) Remedies Cumulative. The remedies provided in this article are cumulative and 2 not exclusive. Nothing in this article bars any legal, equitable, administrative or summary remedy 3 to which any aggrieved public agency, person, firm, corporation or partnership may otherwise be 4 entitled." 5 SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any 6 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, 7 such provision sha11 be deemed severable, and the invalidity thereof shall not affect the remaining 8 provisions or other applications of the Ordinance which can be given effect without the invalid 9 provision or application thereof. 10 SECTION 4. Effective Date and Publication. This ordinance shall take effect thirty {30) days 11 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to 12 publish this ordinance before the expiration of fifteen {15} days after its passage. This ordinance 13 shall be published once with the names of the members of the Board of Supervisors voting for 14 and against it, in the O .~ ~ , a newspaper of general circulation in the County of 15 Butte, State of California. 16 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of 17 California, on the 2$`" day of February, 2012, by the following vote: 18 AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert 19 NOES: None 2Q ABSENT: None 21 NOT VOTING: None 22 23 24 Steve Lamb Chair of the 25 Board of S ervisors 26 ATTEST: 27 28 ~ 41 Paul Hahn, Chief 1 Administrative Officer and Clerk of the B d 2 3 , , ;.~ B ~ ' ~ ~ ~GGrfG 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2p 21 22 23 24 25 26 27 2 S 4 2 `"