Chapter 6.04
ANIMAL CONTROL REGULATIONS
Sections:
6.04.030 Administration—Animal control officer authority.
6.04.050 Dog license—Required.
6.04.060 Dog license—Exemptions.
6.04.070 Dog license—Penalty for lateness.
6.04.080 Dog license—Rabies vaccination prerequisite.
6.04.090 Dog license—Tax amounts.
6.04.100 Dog license—Rabies tax.
6.04.110 Dog license—Issuance conditions—Records.
6.04.120 Dog license—Tag requirements.
6.04.130 Dog bite reports required.
6.04.140 Diseased or vicious animals.
6.04.150 Dead animal disposal.
6.04.160 Confinement of animals required when.
6.04.170 Stray animals—Report and holding.
6.04.180 Stray animals—Impoundment.
6.04.190 Impounded animals—Records required.
6.04.200 Impounded animals—Food and shelter.
6.04.210 Impounded animals—Costs of care.
6.04.220 Impounded animals—Notice to owner—Disposition.
6.04.230 Impounded animals Redemption fees.
6.04.240 Adoption of impounded animals.
6.04.010 Name of provisions.
This chapter shall be known and may be referred to in all proceedings as the “Alpine County Animal Control Ordinance.” (Ord. 430 § 1, 1983)
6.04.020 Definitions.
The words and terms used in this chapter shall have the meaning indicated as follows, unless the context clearly indicates otherwise:
1. “Animal” means and includes any domesticated animals or captivated wild animals.
2. “Animal control officer” means any person duly appointed by the sheriff and authorized to act in his behalf in the enforcement of the animal and rabies control program.
3. “Animal menagerie” means any place where wild animals are kept or maintained for any commercial purpose, including places where wild animals are boarded, trained or kept for hire.
4. “Breeder exhibitor” means any person owning more than four but less than six dogs over six months of age who meet the qualifications of the American Humane Society.
5. “Cat” means and includes all domesticated felines.
6. “City” means any hereinafter incorporated city.
7. “County” means the county of Alpine.
8. “Dog” means and includes all domesticated canines.
9. “Grooming parlor” means any commercial place where animals are trimmed, bathed or groomed.
10. “Health official” means the county director of health services, or any person duly authorized to act on his behalf.
11. “Kennel” means premises where any person keeps five or more dogs and/ or cats within the unincorporated portions of the county. Exemption: A kennel license shall not be required for the ownership of dogs, cats and other domestic animals which are under one hundred eighty days of age.
12. Large Animals and Small Animals.
a. “Large animals” means any domestic bovine animal, horse, mule, goat, burro, sheep or swine.
b. “Small animals” means all other domestic animals or domesticated animals.
13. “Livestock” means and includes all domesticated bovine, equine, carpine, ovine, avian and rodent species.
14. “Owner” means any person who owns an animal, or who harbors or keeps an animal for five or more consecutive days.
15. “Person” means and includes any person, firm, association, organization, partnership, business, trust, corporation or company.
16. “Pet shop” means an establishment operated by any person, firm or corporation where any live animals are kept for sale, barter or hire.
17. “Pound” means and includes all places where impounded animals are to be confined, whether by the county or by private person or persons under contract or agreement with the county.
18. “Public aquarium” means any place where fish or other aquatic animals are kept, maintained for public exhibit, sale or trade.
19. “Stray” means any animal off the premises of its owner without a license, not under restraint by leash, and not in the immediate presence of the owner.
20. “Vicious animal” mean any animal, dog or cat which shows a propensity to attack, bite, scratch or harass people or other animals without provocation.
21. “Working animals” means animals under the control of humans used in the movement of livestock, poultry, or in the taking of wild animals or fowl, police dogs, dogs for the blind, dogs for hearing, and dogs for search and rescue purposes, when employed as such. (Ord. 430 § 3, 1983)
6.04.030 Administration—Animal control officer authority.
A. Each animal control officer shall have and is hereby vested with the authority of a public officer, as specified in Section 836.5 of the Penal Code.
B. Each animal control officer may, in the performance of his duties, enter upon any property pursuant to law to ascertain if any of the provisions of this chapter or any state laws relating to disease, care, treatment, impounding or cruelty to animals are being violated. Each animal control officer may issue citations for the violation of the provisions of this chapter or any state laws, in the manner prescribed by Section 836.5 of the Penal Code.
C. In the performance of his duties, the animal control officer shall have the authority to employ the use of a tranquilizer gun and all animal control devices in common use within the state.
D. Upon demand by an animal control officer, any person owning or controlling any dog, or in possession of the premises on which a dog is located, shall exhibit such dog and its license. Refusal to exhibit such dog shall result in a citation. (Ord. 430 § 11, 1983)
6.04.040 Contracted services.
The sheriff may enter into service agreements for the execution of the animal control functions vested in him with the approval of the county board of supervisors. (Ord. 430 § 14, 1983)
6.04.050 Dog license—Required.
No person shall have, harbor or keep any unlicensed dog in the county, or permit or allow any unlicensed dog to remain on any premises under his control or in his possession, contrary to the provisions of this chapter. (Ord. 430 § 12(A), 1983)
6.04.060 Dog license—Exemptions.
The following are exempt from the requirement for license:
A. Dogs less than one hundred eighty days old;
B. Dogs licensed and vaccinated in other jurisdictions for valid period of license;
C. Dogs on sale in a duly licensed pet shop or dog kennel where they are kept enclosed at all times. (Ord. 430 § 12(E), 1983)
6.04.070 Dog license—Penalty for lateness.
The owner of a dog must procure a license as provided in this chapter as of July 1st of each year. If he/she fails to procure the license by July 15th of each year, he/she shall pay a penalty, pursuant to the fee schedule adopted by resolution of the board of supervisors. (Ord. 717 (part), 2016: Ord. 430 § 12(C), 1983)
6.04.080 Dog license—Rabies vaccination prerequisite.
A. Prior to the issuance of any license, it is necessary that the dog licensed shall be vaccinated with antirabies vaccine, as follows:
B. Every owner of a dog over six months of age in the county shall cause such dog to be vaccinated with a rabies vaccine approved by the state and administered by a duly licensed veterinarian. Revaccination shall be made after one year if the prior vaccination was the tissue phenolized vaccine, or after two years if the prior vaccination was with chick embryo vaccine. (Ord. 430 § 12(B), 1983)
6.04.090 Dog license—Tax amounts.
A. A dog license fee, as set by resolution of the board of supervisors, shall be paid for each dog license issued.
B. A dog is considered to be spayed or neutered when a certificate signed by a veterinarian is presented at the time of licensing, attesting that the dog has been spayed or neutered. Tubal ligations shall be considered spaying for the purpose of this chapter.
C. The fee for a license purchased more than sixty days after any notice to the owner to obtain a license shall be established by resolution of the board of supervisors. The owner of any dog not exempt from the fee shall be personally liable for the fee.
D. A duplicate dog license tag may be issued upon request for the fee set by the duly adopted resolution. (Ord. 717 (part), 2016: Ord. 430 § 12(D), 1983)
6.04.100 Dog license—Rabies tax.
Whenever the State Department of Public Health determines that a rabies epidemic exists in the county, a special additional dog license tax as provided in Sections 1912, 1913 and 1914 of the California Health and Safety Code shall be imposed as provided therein. (Ord. 430 § 12(G), 1983)
6.04.110 Dog license—Issuance conditions—Records.
A. Upon payment of the license tax and the presentation of a certificate of vaccination by a duly licensed doctor of veterinary medicine, the sheriff shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, and the description of the dog for which such license is issued, together with the number of the metallic tag accompanying the same.
B. The sheriff shall keep a record of all licenses issued by him, together with a description of the dog for which such license is issued. (Ord. 430 § 12(F), 1983)
6.04.120 Dog license—Tag requirements.
With each dog license, the sheriff shall issue a metal tag bearing an identifying number and the words and letters “Alpine County Dog License.” Each dog shall wear the metal tag issued for it at all times. The owner must attach the individual license tag to each dog by means of a collar, chain or harness. The owner of a dog covered by a kennel license or an unlicensed exempt dog shall similarly attach to the dog a durable tag containing at least the owner’s surname and his telephone number or address or a rabies vaccination tag issued by a veterinarian. (Ord. 430 § 12(C), 1983)
6.04.130 Dog bite reports required.
It is hereby made the duty of any person having knowledge that any dog has bitten any human being within the limits of the county to immediately report that fact to the animal control officer, director of health service, or the sheriff, with full information in regard to the incident. (Ord. 430 § 13, 1983)
6.04.140 Diseased or vicious animals.
A. No person owning or having charge of any vicious animal shall permit such vicious animal to be or remain upon any street or other public place in the county.
B. No person owning or having charge of any animal that is infected with any disease transmissible to man, or that constitutes a public health hazard, shall knowingly permit such animal to be or remain within the county other than at an approved veterinary hospital; otherwise, the sheriff shall be empowered to seize and destroy such diseased animal.
C. The animal control officer shall seize and impound any dog such officer reasonably believes to be a vicious or diseased dog. Within a period of not more than five days following the date of such seizure, the sheriff shall conduct a hearing to determine if such dog is vicious or diseased as to be a menace to the public health, safety or welfare. The sheriff shall make every reasonable effort to inform the owner of such dog of the date, time and location of the hearing. If, at the conclusion of the hearing, the sheriff concludes that such dog is so vicious or diseased as to be a menace to the public health, safety or welfare, the dog shall be destroyed by the animal control officer. The destruction of any dog determined to be a menace shall take place not less than five days from the date of the conclusion of the hearing. If, on the other hand, such dog is determined not to be a menace, it shall be released and returned to its owner, or the owner’s agent.
D. Diseased or vicious animals which are a menace to public health or safety shall be destroyed. (Ord. 430 § 7, 1983)
6.04.150 Dead animal disposal.
The sheriff shall collect the fee set by a resolution of the board of supervisors to defray the costs incident to the removal of and disposal of bodies of small animals. The owner or person in charge of any dead animal shall pay the fee. (Ord. 717 (part), 2016: Ord. 430 § 8, 1983)
6.04.160 Confinement of animals required when.
A. No person owning or having control of any animal, livestock or poultry shall permit such animal, livestock or poultry to stray or run at large upon any public street or other public place, or upon any private place or property without the written consent of the owner or person in control thereof.
B. Any animal, other than a working animal when employed as such, shall be confined by the owner or his agent on a leash of not more than ten feet in length, or shall be under voice control of the owner or agent, during any time the animal is removed from private property.
C. Each female dog in heat, i.e., season, will be confined in an enclosed area, in such a manner that the female dog cannot come in contact with another animal except for planned breeding.
D. This section shall not apply to Seeing-eye dogs, dogs for the deaf, police or working dogs, or search and rescue dogs when in the company of their handler and employed as such. (Ord. 430 § 9, 1983)
6.04.170 Stray animals—Report and holding.
Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this chapter may take possession of and hold the same; provided, however, that he shall be obligated to notify the animal control officer or the sheriff of the fact that he has such animal in his possession within six hours after securing possession thereof, and give the animal control officer or sheriff full information in regard to the same, and surrender the same to the animal control officer upon demand. (Ord. 430 § 10, 1983)
6.04.180 Stray animals—Impoundment.
The animal control officer shall take up and impound all stray animals and livestock. (Ord. 430 § 4(A), 1983)
6.04.190 Impounded animals—Records required.
Each animal control officer shall keep a record of all animals impounded by him which shall show the date of impoundment, license tag number (if any), brand, earmark, or other markings, the date and manner of its disposal, and, if redeemed or purchased, the amount of all fees and other moneys received or collected by him and the disposition thereof. (Ord. 430 § 4(B), 1983)
6.04.200 Impounded animals—Food and shelter.
The animal control officer shall provide all impounded animals with suitable and adequate food, water and shelter. (Ord. 430 § 4(D), 1983)
6.04.210 Impounded animals—Costs of care.
The sheriff or his agent shall collect fees from the owners redeeming impounded animals sufficient to defray the costs incident thereto, as established by resolution by the county board of supervisors. (Ord. 430 § 4(E), 1983)
6.04.220 Impounded animals—Notice to owner—Disposition.
When any animal is impounded, such fact will be noted and entered in the records of the county sheriff’s department. The animal control officer shall also immediately notify the owner of the impounded animal, if known to him. The posted notice shall contain a description of the animal impounded, and shall set forth the fact that unless it is reclaimed before the time specified in the notice, which time shall not be less than three days nor more than ten days from the posting thereof, the animal control officer shall proceed to dispose of the animal; provided, that all animals so taken into the custody of the animal control officer which, by reason of disease or other infirmity, are unfit for further use, or dangerous to be kept impounded, shall be destroyed by him in a humane manner as soon thereafter as is conveniently possible, and in case of such destruction of such animal, the animal control officer shall dispose of any animal which is impounded and unredeemed within the time specified in the posted notice and in the manner set forth herein. (Ord. 430 § 4(C), 1983)
6.04.230 Impounded animals—Redemption fees.
A. The owner or person entitled to the custody of any dog taken or impounded may, at any time before disposal thereof by the animal control officer, redeem such animal by paying to such animal control officer the fees, charges and, in the case of dogs, the license fee prescribed by this chapter, accruing up to the time of such redemption. The fees will be assessed pursuant to a fee schedule adopted by resolution of the board of supervisors.
B. A fee established pursuant to the fee schedule adopted by resolution of the board of supervisors shall be charged for each animal confined for rabies observation at the pound facility. (Ord. 717 (part), 2016: Ord. 430 § 5, 1983)
6.04.240 Adoption of impounded animals.
A. Any dog or cat impounded and unredeemed under the provisions of this chapter may be adopted by a person, upon application to the sheriff in such form as he may prescribe.
B. In the event the dog or cat is of an age whereby, in the opinion of a veterinarian, injury may occur to the animal by spaying or neutering, adoption may proceed, providing, however, the fee is paid prior to the animal leaving the pound and satisfactory assurance is received by the animal control officer that the spaying or neutering will be completed at the time designated by the veterinarian. This fee will be nonrefundable.
C. A fee in such amount as may be necessary to provide for current license, rabies immunization and spaying or neutering shall be paid for each adoption. Such fee shall be established by resolution of the board of supervisors.
D. No dog or cat shall be adopted unless spaying or neutering has been performed prior to the dog or cat leaving the pound facility, except as provided above. (Ord. 430 § 6, 1983)
6.04.250 Violation—Penalty.
Any person violating any provision of this chapter is guilty of an infraction and shall be fined an amount consistent with the fee schedule duly adopted by the board of supervisors which includes fines and penalty assessments. Such fines may include additional fees and penalties assessed by the court. (Ord. 717 (part), 2016: Ord. 430 § 15, 1983)