Chapter 6.04 GENERAL PROVISIONS

For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, the following words and terms are defined as follows:

(A) “Adoption” means the establishment or transfer of an animal’s ownership.

(B) “Alter” means to spay or neuter.

(D) “Animal care center” or “animal shelter” means a place where animals impounded by the Director are placed for their humane care and keeping.

(E) “Animal Shelter” or “Shelter” means the Santa Cruz County Animal Shelter.

(F) “Approved rabies vaccine” means a rabies vaccine approved by the California Department of Public Health.

(G) “At large,” when used in reference to an animal, means:

(1) Any dog found off the owner’s premises that is not under actual physical restraint or control, such as a leash, tether, or in the grasp of a competent person; or

(2) Any livestock or wild animal as referred to in SCCC 6.12.120 that is not confined by a leash, tether, adequate fencing, or under other adequate physical custody or control.

(H) “Bucking strap” or “flank strap” means any device, strap or object generally made of leather and sometimes padded with a woolen lining, which is placed around the flank regions of a horse or bull, behind the rib cage and just forward of the hind legs, and which is tightened immediately before the animal is scheduled to perform.

(I) “Cat” means any member of Felis domesticus and shall be considered personal property, to the extent permitted by law.

(J) “Competition cat” means a cat used to show, compete, or breed, and which is a breed registered with the Cat Fanciers Association (“CFA”) or other valid registry approved by the Director, and which meets one of the following requirements:

(1) Within the last 365 days, the cat has competed in at least one cat show approved by a national registry or the Director;

(2) The cat has earned a conformation title from a purebred cat registry; or

(3) The owner or custodian of the cat is a member of a purebred cat breed club, approved by the Director, which enforces a code of ethics that includes restrictions on breeding cats with genetic defects or life-threatening health problems.

(K) “Competition dog” means a dog used to show, compete, or breed, and which is a breed registered with the American Kennel Club (“AKC”), United Kennel Club (“UKC”), American Dog Breeders Association (“ADBA”), or other valid registry approved by the Director, and which meets one of the following requirements:

(1) Within the last 365 days, the dog has competed in at least one dog show or sporting competition approved by a national registry or the Director;

(2) The dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred dog registry referenced above or other registry or dog sport association approved by the Director; or

(3) The owner or custodian of the dog is a member of a purebred dog breed club, approved by the Director, which enforces a code of ethics that includes restrictions on breeding dogs with genetic defects or life-threatening health problems.

(L) “Department” means the public agency supervised by the Director of Animal Services, responsible for providing animal services in the unincorporated area of Santa Cruz County and operating and managing the Animal Shelter.

(M) “Director,” unless otherwise stated, means the Director of Animal Services or their designated representative.

(N) “Director of Animal Services” means the independent contractor or employee of the public agency responsible for supervising the Department and having custody and control of the Animal Shelter and of animals therein. The Director may also be referred to as the General Manager of the Animal Shelter.

(O) “Dog” means any member of Canis familiarus or any combination of Canis familiarus and other Canis species including, but not limited to, dog hybrids.

(P) “Dog hybrid” means any animal which is a cross-breed between a member of the Canis familiarus family and a member of a different Canidae family such as wolves or coyotes.

(Q) “Domestic animal” is defined as cats, dogs, and other small animals intended to live inside a residential home and does not include livestock.

(R) “Habitual offender” shall mean that the offending animal has had three or more violations, involving separate incidences, of any provision of this title.

(S) “Impounded” means having been received into the custody of the Animal Shelter, or of any authorized agent or representative thereof, or of any duly sworn law enforcement officer in the course of their duty.

(T) “Livestock” means animals kept for husbandry, including but not limited to horses, mules, goats, burros, asses, cattle, sheep, swine and poultry. Rabbits raised for commercial purposes are considered livestock.

(U) “Livestock guardian dog” means a dog type bred for the purpose of protecting livestock from predators. Livestock guardian dogs stay with the group of animals they protect as a full-time member of the flock or herd.

(V) “Owner” means any person who intentionally and continually provides care or sustenance for any animal, has title to or an interest in, or harbors or has control of any animal, including, but not limited to, a dog or cat, including any person who keeps or harbors the animal with the permission of the owner, such as a custodian or caretaker.

(W) “Person” means any natural person, association, partnership or corporation.

(X) “Pet shop” means any person, firm or corporation engaged in a commercial business where small animals are kept for the purpose of either wholesale or retail sale. “Pet shop” does not include any place or premises not operated as a commercial business and where pet animals are only occasionally sold.

(Y) “Protective custody” means the status of any animal impounded by an animal control officer acting under the direction of a peace officer, or when an animal control officer acts to enforce a provision of the California Penal Code.

(Z) “Service animal” means an animal, such as a guide dog, seeing-eye dog, signal dog, or miniature horse, which is trained by a person licensed under California Business and Professions Code Section 7200 et seq., to do work or perform tasks for the benefit of a person with a disability, as defined in Code of Federal Regulations, Title 28, Part 35, including but not limited to 28 C.F.R. 35.104 and 35.136 and California Code of Civil Procedure Section 54.1(b)(6)(C). Such tasks include, but are not limited to, guiding persons with impaired vision, alerting persons with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

(AA) “Sexually unreproductive” means being incapable of reproduction by reason of age or physical condition, or incapable of being subjected to a medical procedure to be rendered unreproductive and certified by a licensed veterinarian as such.

(BB) “Unidentified dog” means any dog that does not have an identification tag, tattoo, or microchip that is securely fastened to, displayed upon and/or implanted in the animal.

(CC) “Unlicensed dog” means any dog for which a current license has not been paid or to which the tag provided for in this title is not attached.

(DD) “Wild animal” means a nondomesticated, exotic, or dangerous animal including, but not limited to, the following: wild/domestic animal hybrids, other mammals, wildfowl, fish, and reptiles. [Ord. 5388 § 1, 2022].

6.04.030 Director of Animal Services—Office established.

The Office of Director of Animal Services is established. The Director of Animal Services may be either a person, firm, association, or corporation hired by the County of Santa Cruz, or an employee of a separate public agency such as the Santa Cruz County Animal Services Authority. Broad experience, education and/or training in the fields of animal control or animal management is desirable. If the Director of Animal Services is employed directly by the County of Santa Cruz, the Director shall receive such compensation as shall be established by contract executed by the Board of Supervisors or by employee salary resolution. [Ord. 5388 § 1, 2022].

6.04.040 Director of Animal Services—Powers and duties.

The Director of Animal Services shall supervise the Animal Shelter, and the care of animals impounded therein, and shall administer and enforce the sections of this chapter and applicable State laws relative to animal control. [Ord. 5388 § 1, 2022].

6.04.050 Director of Animal Services—Delegation of duties.

Whenever a power is granted to, or a duty is imposed upon, the Director of Animal Services, the power may be exercised by a person authorized by the Director unless this chapter or an applicable law expressly provides otherwise. [Ord. 5388 § 1, 2022].

6.04.054 Interference with an animal control officer.

No individual may interfere with an animal control officer in the legal performance of their duties. This includes, but is not limited to, striking or attempting to strike the animal control officer, providing the animal control officer with false information, taking or attempting to take any animal from any animal control officer in the legal performance of their duties from any official vehicle used by the Department to transport animals, or from the Department without proper authority, or taking or damaging any County property used in conjunction with the legal performance of the animal control officer’s duties. [Ord. 5388 § 1, 2022].

6.04.060 Animal Shelter.

All animals which are subject to being impounded as provided in this title shall be kept and safely held in a suitable building or enclosure which shall be known and designated as the “Santa Cruz County Animal Shelter,” where they shall be either provided for adoption or humanely euthanized as authorized in this title. [Ord. 5388 § 1, 2022].

6.04.080 Stray animals.

(A) Every person except the Director or a designated deputy taking possession of any animal at large shall, within eight hours thereafter, give notice to the Santa Cruz County Animal Shelter of:

(1) The fact that they have the animal in their possession;

(2) A complete description of the animal, including tattoos or other distinguishing marks, if any;

(3) The license number of the animal, if any, and the county or city that issued the license, or, alternatively, that the animal has no visible license; and

(4) The place where the animal is confined.

(B) The Director shall pick up and shall thereupon hold and care for the animal in the same manner as though the Director had found the animal at large and impounded it. [Ord. 5388 § 1, 2022].

6.04.090 Animal bite reporting.

Whenever any person has knowledge that an animal has bitten any person, the person having such knowledge shall report that fact forthwith to the Director or the County Health Officer. The report shall state the name and address of the person bitten, the time and place the person was bitten, and the location, description, and ownership of the animal involved. [Ord. 5388 § 1, 2022].

6.04.100 Quarantine of biting dogs and cats.

(A) Whenever there is reason to believe that any dog or cat has bitten a person, except as otherwise set forth in subsection (D) of this section, the owner of that animal shall quarantine the animal for a period of 10 days. Whenever there is reason to believe that any other kind of animal has bitten a person, the Director shall consult with the County Health Officer before deciding whether to order the animal quarantined.

(B) Unless the biting animal’s owner has proof of a current rabies shot, and the enforcement officer determines that the owner has the proper facilities in which to confine the animal adequately, biting dogs and cats shall be immediately quarantined at the owner’s expense at the Animal Shelter, at a veterinary facility, or at a boarding kennel. If a vaccination is determined to be necessary, the animal shall be vaccinated at the owner’s expense.

(C) If the owner of the animal fails to quarantine it and keep it confined for the period required, the Director shall impound the animal for the required period and charge the owner for the impounding and keeping of the animal in accordance with SCCC 6.20.030.

(D) Dogs or cats which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian, in the shelter, a veterinary hospital, or other adequate facility in a manner approved by the County Health Officer, may be released from isolation by the County Health Officer after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. Notwithstanding the foregoing provisions, the County Health Officer may authorize, with the permission of the owner and other legal restrictions permitting, the humane euthanasia of a biting dog or cat for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test in an approved public health laboratory. [Ord. 5388 § 1, 2022].

6.04.110 Impoundment of other biting animals.

In conjunction with the County Health Officer, the Director may order the impoundment of any animal other than a dog or cat which has bitten any person. [Ord. 5388 § 1, 2022].

6.04.120 Sale or adoption of dogs, cats, and rabbits.

(A) Any person who provides or offers any dog, cat, or rabbit to the public, whether or not for compensation, shall provide to the prospective owner, free of charge, information relating to the vaccination status of the dog, cat, or rabbit. In addition, the person shall supply to the prospective owner, free of charge, information related to pet care and ownership, including information on County laws pertaining to animal control and spay/neuter programs available in the County. This information will be prepared and made available free of charge by the Director. This does not include rabbits that are defined as livestock.

(B) Any person offering a dog for sale, barter, exchange, or adoption, whether or not for compensation, shall disclose to any prospective owner, information regarding the licensing requirements of the County applicable to such animal.

(C) No person shall present any dog, cat, or rabbit for sale, barter, exchange, or adoption, whether or not for compensation, in any public place. “Public place” includes, but is not limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets and areas in front of commercial establishments. This prohibition shall not apply to any animal rescue or humane organization or agency recognized by the Director.

(D) No person shall give away any dog or cat as a prize or as an inducement to enter any contest, lottery, drawing, game, or competition.

(E) No person shall give away any dog, cat, or rabbit as an inducement to enter a place of business.

(F) No person shall sell, barter, exchange or offer for adoption, whether or not for compensation, any dog, cat, or rabbit to any person who is under the age of 18, without the written permission of the minor’s parent or legal guardian.

(G) An animal that is known to be suffering from or afflicted with a contagious or infectious disease shall not be transferred, sold, bartered, or disposed of without first disclosing to the person to whom the same is transferred, sold, bartered, or disposed of that such animal is so diseased, nor shall such animal be or knowingly allowed to come into contact with any animal of another person without their knowledge or permission. [Ord. 5388 § 1, 2022].

6.04.130 Spaying or neutering of adopted animals.

Unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, any person adopting an unspayed or unneutered dog, cat, or rabbit from any animal shelter, humane society, or SPCA shelter or animal welfare or rescue group in the unincorporated area of the County shall have the animal spayed or neutered on or before a date specified in the adoption agreement. On submission of a written statement from a licensed veterinarian to the officer at the shelter responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly. [Ord. 5388 § 1, 2022].

6.04.140 Biomedical livestock animal treatment standards.

The following provisions shall apply to those animals used in a biomedical livestock operation issued a development permit pursuant to SCCC 13.10.647:

(A) No person shall use any procedure for animal care or treatment unless it is consistent with the most recently enacted or published provisions of the Federal Animal Welfare Act, the National Research Council’s “Guide for the Care and Use of Laboratory Animals,” and the American Veterinary Medical Association Euthanasia guidelines. In the event of a conflict between these standards concerning the method of euthanasia to be applied, the standards contained in the American Veterinary Medical Association Euthanasia guidelines shall prevail.

(B) No person shall perform a dehorning, disbudding or castration on an animal without the use of local or general anesthetic.

(C) Notwithstanding the standards established by subsection (A) of this section, euthanasia shall be performed by either a licensed veterinarian, a registered veterinary technician, or a euthanasia technician trained and certified as prescribed by the State Humane Association of California.

(D) These provisions only affect animals used in biomedical livestock operations and not commercial farming operations. [Ord. 5388 § 1, 2022].

6.04.150 Public spay and neuter clinic—Establishment—Services and fees.

(A) The Director may establish a clinic where dogs, cats, and rabbits can be spayed or neutered upon payment of the applicable fees.

(B) A person requesting that a dog, cat, or rabbit be spayed or neutered must provide written consent to the procedure and confirm in writing that they are the owner of the animal. A custodian who is not the owner of the dog, cat, or rabbit must provide written authorization from the owner of the animal. The owner’s written authorization must contain a waiver of liability of the County, the Santa Cruz County Animal Services Authority, and any employees of those agencies for injury or death to an animal arising from the requested procedure, or any related services.

(C) The owner or custodian of the animal must pick up the animal on the return date stated by the Director or be subject to a reasonable board-and-care fee starting the day after the return date. An animal that is not picked up within 14 days after the return date is deemed abandoned and the Director may provide it for adoption or humanely euthanize it. [Ord. 5388 § 1, 2022].

6.04.160 Animal care—Requirements for animal owners and animal facilities.

A person who owns a domesticated animal or who owns or operates an animal facility must comply with each of the following conditions, violation of which constitutes a misdemeanor (this section does not apply to livestock):

(A) Housing facilities for animals must protect the animals from injury, contain the animals, and restrict the entrance of other animals.

(B) All animals must be supplied with sufficient wholesome food and fresh water suitable for the age, species, and nutritional requirements of the animal. Animals must have access at all times to water, unless otherwise directed by a veterinarian. All animal food must be properly stored to prevent contamination, infestation by vermin, and exposure to the elements.

(C) Animals must be groomed and kept in a manner that is not injurious to their health. All animal buildings or enclosures must be maintained in a clean and sanitary condition to control odors and prevent the spread of disease.

(D) All animals must be maintained in a manner that eliminates excessive noise and nighttime noise.

(E) No animals may be without attention for more than 14 consecutive hours; whenever an animal is left unattended at a commercial animal facility, the telephone number of the Department, or the name, address, and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.

(F) Animals may not be neglected, teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer.

(G) No condition may be maintained or permitted that is or could be injurious to the animals.

(H) Tethering of animals is prohibited except as permitted under California Health and Safety Code Section 122335, and SCCC 6.12.022 and 6.12.025.

(I) Animal buildings and enclosures must be constructed and maintained to prevent escape of animals. All reasonable precautions must be taken to protect the animals and the public.

(J) An animal facility must isolate sick animals so as to not endanger the health of other animals.

(K) A building or enclosure for animals must be kept in a sanitary condition and in good repair and must be constructed of material easily cleaned. The building must be properly ventilated to prevent drafts and to remove odors. Heating and cooling must be provided to meet the physical needs of the animals, with sufficient light to allow observation of the animals and proper sanitation.

(L) An animal must be taken to a veterinarian for examination or treatment if the Director orders the owner to do so.

(M) All animal enclosures, including but not limited to rooms, cages, and kennel runs, must be of a sufficient size to provide adequate and proper accommodations for the animals housed there. An enclosure with a wire bottom may be used temporarily for dogs, and only if it complies with Health and Safety Code Sections 122065 and 122065.5. If enclosures such as crates and other mobile containers are stacked upon one another, or on a surface other than the floor, the crates/containers must be securely fastened and designed and arranged so that there is no danger of an enclosure falling, the animals do not have direct access to one another, and waste from one enclosure cannot be transmitted to another enclosure. Food and water containers must be secured to prevent spillage. Crates may be stacked no more than two high.

(N) A violation of an ordinance must be corrected within the time specified by the Director.

(O) Proper shelter and protection from the weather must be provided at all times.

(P) An animal must not be given any alcoholic beverage or illegal drug. An animal must not be given any legal drug unless prescribed by a veterinarian.

(Q) Animals that are natural enemies, temperamentally unsuited, or otherwise incompatible must not be housed together or so near to each other as to cause injury, fear, or torment. Two or more animals can be housed together if they do not harm each other.

(R) Any equipment, device, substance, or material that is, or could be, injurious or cause unnecessary cruelty to an animal may not be used.

(S) Working animals must be given adequate rest periods. Confined or restrained animals must be given appropriate exercise.

(T) An animal that is weak, exhausted, sick, injured, lame, or otherwise unfit may not be worked or used.

(U) An animal that the Department has suspended from use may not be worked or used until released by the Department.

(V) A person may not violate any condition imposed by the Director on any license issued by the Department.

(W) No person shall have, keep, or harbor any animal which is known or believed to be infected with any dangerous or communicable disease or which is afflicted with any painful disease which is believed by such person to be incurable except as otherwise provided in this title. [Ord. 5388 § 1, 2022].

6.04.164 Maintenance of fowl, rabbits, and guinea pigs.

It shall be unlawful for any person to keep or maintain within the unincorporated area of the County, or cause to be kept or maintained, any chickens, ducks, geese, pigeons, or other fowl or any rabbits or guinea pigs, except under the following conditions:

(A) Such fowl and animals shall under no circumstances be permitted to run at large. They shall be confined at all times to the owner’s property and be provided a suitable house or coop with an enclosed runway. Free range animals are permitted, but must remain on the owner’s property.

(B) Such house or coop and runway shall be at all times maintained in a clean and sanitary condition and shall at all times be free from offensive odors.

6.04.170 Capture and custody of animals.

The Director is authorized to capture and take into custody:

(A) Any animal being kept or maintained in violation of a State statute or local ordinance;

(B) Dogs and other animals running at large in violation of a State statute or local ordinance;

(D) Unvaccinated dogs;

(E) Animals relinquished to the Director or the Animal Shelter; and

(F) Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy litigation, or other contingency, or in cases in which the owner or custodian cannot be found. [Ord. 5388 § 1, 2022].

6.04.180 Inhumane treatment—Enforcement of State law.

The Director will enforce the California Penal Code provisions relating to the inhumane treatment of animals and take possession of abandoned or neglected animals in accordance with the law. [Ord. 5388 § 1, 2022].

6.04.190 Right of entry for inspection.

(A) The Director or a law enforcement officer may enter a building or property to inspect the premises for violation of this title only if:

(1) The owner or occupant of the building or property consents to the entry and inspection after the Director or law enforcement officer presents their credentials and explains the reasons for the entry and inspection;

(2) The Director or the law enforcement officer obtains a warrant for the entry and inspection of the building or property under California Code of Civil Procedure Sections 1822.50 to 1822.57 or California Penal Code Section 830.9; or

(3) The Director or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so dangerous that an immediate inspection is necessary to safeguard an animal or public health and safety and there is insufficient time to obtain a search warrant given the safety concerns. Under these circumstances, the Director or law enforcement officer may use reasonable means to immediately enter and inspect the building or property after presenting their credentials to the owner or occupant and requesting entry, if it is possible under the circumstances.

(B) This section does not prohibit the Director or a law enforcement officer from entering property for the purpose of capturing an animal running at large in violation of this title or another applicable law. [Ord. 5388 § 1, 2022].

6.04.200 Authorization of property owners to capture domestic animals.

Any person who finds any domestic animal upon their property without permission, or on public property in violation of this title, may use any reasonable and humane means to capture the animal and deliver it to the Director for impoundment. The Director shall encourage any person intending to capture an animal to first attempt to notify the animal’s owner, if the owner’s identity is known. [Ord. 5388 § 1, 2022].

6.04.210 Statements by animal owners—Requirements.

No person owning or having charge, care or control of any dog, cat, or other animal shall fail or refuse to state their true name and residence address, or to exhibit evidence of any vaccination or license certificate when requested to do so by the Director, the Health Officer, or any peace officer of this County. [Ord. 5388 § 1, 2022].

6.04.220 Sale of live animals prohibited in public venues other than pet shops.

Outside of licensed pet shops, live animals may not be displayed, sold, or promoted for sale in public venues such as a swap meet, flea market, farmers market, or other public venue. “Live animal” includes, but is not limited to, dogs, cats, birds, fish, poultry, rabbits, and livestock. This does not include educational events or activities such as 4H or Future Farmers of America or sales between private parties at the Santa Cruz County Fairgrounds, on private property or online auctions. [Ord. 5388 § 1, 2022].

6.04.230 Transportation of wild animals.

A person transporting a wild animal through the unincorporated area of Santa Cruz County must take adequate precautions to protect the public and must notify the Sheriff’s Office and the Department if an animal escapes from the person’s custody or control. [Ord. 5388 § 1, 2022].

6.04.240 Furnishing animals for research purposes.

The Director shall not furnish any animals from the Animal Shelter for research purposes. [Ord. 5388 § 1, 2022].