Chapter 6.04 DOG CONTROL AND RABIES CONTROL

“Dangerous dog” means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which demonstrates one or more of the following behaviors:

A. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury or property damage or which results in an injury to a person or property;

B. Any behavior, without provocation, which constitutes a physical threat of bodily harm to a person, where such attack, injury or behavior occurs in a place where such person is conducting himself peaceably and lawfully;

C. An attack, without provocation, on another animal which occurs off the property of the owner of the attacking animal;

D. Has, more than once, physically injured or killed a domestic animal while off of the owner’s property;

E. Any dog owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting;

F. Any dog or animal may be declared to be dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.

For purposes of this definition, a person is peaceably or lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by the law of this state, county or city or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation of the owner or the owner’s designee, express or implied.

“District” means a dog control district as provided in HCC 6.04.250.

“Owner” includes any person who owns, possesses, maintains, harbors or has control of a dog.

“Special officer” means the officer appointed pursuant to HCC 6.04.060 or his substitute as provided in HCC 6.04.070. (Ord. 11-15-16A § 1; Ord. 4-20-78 § 1(1))

6.04.020 License—Fees.

A. It is unlawful for any owner to keep any dog over the age of six months within a dog control district for over thirty days, except as provided in HCC 6.04.010 through 6.04.240 and 6.04.330. Every owner so having any dog over the age of six months shall apply for a license, the fee for which shall be four dollars for each neutered male or spayed female and ten dollars for each nonneutered male or nonspayed female.

B. Such license fee shall be paid to the sheriff. The license shall cover the period beginning January 1st and ending on the following December 31st, and shall be payable in advance by January of each year. The full fee shall be collected for a license issued after the beginning of the fiscal year. (Ord. 7-9-91A; Ord. 10-10-83 § 1; Ord. 4-20-78 § 1(2))

6.04.030 License—Application.

A. The owner applying for a license shall make application upon a form to be provided by the sheriff, which application shall state:

1. His name and address;

2. The name, breed, color, sex and age of each dog owned or kept by him; and

3. The date he acquired such dog, if acquired after January 1st of the current year.

B. At the time of making application for a license, the owner must present to the sheriff a certificate from a licensed veterinarian showing that the dog has been inoculated with a suitable vaccine for the prevention of rabies.

C. The owner of a “Seeing-eye” dog properly trained to assist blind persons, when such dog is actually being used by such blind person for the purpose of aiding him in going from place to place, shall make an application for a license on the provided form, but the license shall be issued without charge. (Ord. 4-20-78 § 1(3))

6.04.040 Collars and tags.

A. Upon payment of the license fee, the sheriff shall issue to the owner a license receipt and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the expiration date of such tag and the number corresponding with the number on the receipt. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate will be issued by the sheriff upon presentation of a receipt showing the payment of the license fee for the current fiscal year, and the payment of a fifty-cent fee for each such duplicate.

B. Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of the death of the dog or the owner’s leaving the district before expiration of the license period. (Ord. 4-20-78 § 1(4))

6.04.050 Unlawful uses of license tags.

It is unlawful to deprive any licensed dog of its collar or tag, or to place a license tag on any dog not licensed. (Ord. 4-20-78 § 1(24))

6.04.060 Special officer appointment.

A. The county shall appoint a special officer who for administrative purposes shall be under the sheriff but whose sole duties shall be the administration of the provisions of HCC 6.04.010 through 6.04.240 and 6.04.330, as to the apprehension and care of dogs.

B. The special officer shall:

1. Keep a permanent record in which he shall list all dogs impounded, giving such information as the board of county commissioners may require, but such record shall include the date, description of the dog, where it was picked up, the age, sex and breed, whether licensed or unlicensed, whether reclaimed or disposed of, and if disposed of, how disposed. The record shall also include all charges and receipts of all money.

2. Make a monthly report to the board of county commissioners summarizing such record and including such information as the board of county commissioners may request. (Ord. 4-20-78 § 1(5))

6.04.070 Sheriff, veterinarian in lieu of special officer.

If at any time there should be no duly appointed and acting special officer in the county the duties of the special officer shall be performed by the sheriff until the special officer is duly appointed, or by a veterinarian duly appointed by the board of county commissioners. (Ord. 4-20-78 § 1(6))

6.04.080 Running at large prohibited.

A. Except as provided in subsection (B) of this section, it is unlawful for any person having charge, custody or control of any dog to permit such dog:

1. To run at large or trespass on any private property other than that of its owner in a dog control district;

2. To be on any public highway, street, alley, court, public ground or unfenced lot in a dog control district.

B. A dog controlled by a leash, cord, chain or oral command, and having around its neck a license tag issued by the county in conformity with HCC 6.04.020 through 6.04.240 and 6.04.330, and in the actual present custody and control of some person or persons, are excepted from the operation of this section. (Ord. 4-20-78 § 1(7))

6.04.090 Confinement of certain dogs.

A. All dogs of fierce, dangerous or vicious propensities and all female dogs in heat, whether licensed or not, must be at all times confined in a substantial pen in such a manner that no other dog, except another dog of the same owner, or a dog placed in the pen for breeding purposes, may come in contact with such dog.

B. Any dog found running at large in violation of this section shall be taken up and impounded, except that if any dangerous, vicious or fierce dog cannot, in the discretion of the special officer, be safely taken up and impounded, such dog may be immediately slain.

C. For the purpose of this section, “at large” means off the premises of the owner, and not under the control of the owner or a member of the immediate family either by leash, cord, chain or oral command. (Ord. 4-20-78 § 1(8))

6.04.100 Impounding.

A. The special officer shall apprehend any dog found running at large contrary to the provisions of HCC 6.04.080 and 6.04.090 and impound such dog in a suitable place to be provided by the county.

B. The special officer upon impounding any dog shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag.

C. Licensed dogs shall be separated from unlicensed dogs.

D. The owner of a licensed dog shall be notified in person, by telephone or by mail at the address given on the license application. (Ord. 4-20-78 § 1(9))

6.04.110 Notice to owners and redemption.

A. No later than one day after the impounding of any dog the owner shall be notified, or if the owner of the dog is unknown, written notice shall be posted for five days at the city-county building, describing the dog and the place and time of taking; a copy of said notice shall be given to the sheriff’s department dispatch. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the county for impounding and maintenance of such dog. The following charges shall be paid to the sheriff:

1. For destroying any dog at request of owner, twenty dollars;

2. For impounding any dog (first offense), fifteen dollars;

3. For impounding any dog (second offense), thirty dollars;

4. For impounding any dog (third offense), fifty dollars;

5. For impounding any dog after third offense, seventy-five dollars;

6. For keeping any dog, per day, three dollars;

7. For giving notice, two dollars;

8. For disposing of dog dead on arrival, ten dollars.

B. Offenses committed prior to the effective date of the ordinance codified in this chapter shall not be considered in determining the above charges. In determining the number of offenses, the total number of offenses in both the city and county shall be counted. Any dog impounded only once during any twelve-month period shall be treated as if impounded for a first offense.

C. If a dog is picked up inside a dog control district whose owner resides outside the dog control district, such dog shall not be released until the specific fee is paid for such unleashed dog and a certificate from a licensed veterinarian or a valid rabies tag is shown to the special officer that such dog has been inoculated with a suitable vaccine for the prevention of rabies. The special officer may permit the dog to be taken from the premises for the purposes of obtaining such inoculation. (Ord. 7-9-91A; Ord. 3-9-81A § 1; Ord. 4-20-78 § 1(10))

6.04.120 Disposition of unclaimed or infected dog.

A. The special officer shall keep all dogs so impounded for a period of five days. If at the expiration of five days from the date of notice to the owner or the posting of notice, such dog has not been redeemed, it may be destroyed in some humane manner or adopted out as provided in this chapter.

B. If at the expiration of ten days from the date of notice to the owner or the posting of notice, such dog has not been redeemed, destroyed or adopted out, it shall be destroyed in some humane manner. In any event, the special officer shall have the privilege of claiming any dog which has been impounded in the county dog pound and which has not been redeemed, destroyed or adopted out within the time specified in this section. All dogs so claimed by the special officer shall be immediately removed from the dog pound.

C. Any dog which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous diseases shall not be released but may be forthwith destroyed. (Ord. 4-20-78 § 1(11))

6.04.130 Adoption policy.

The special officer may offer apparently healthy impounded dogs for adoption at the end of the claiming period upon the following conditions:

A. Payment of all costs and charges incurred by the county for impounding and maintenance.

B. Presentment of a valid rabies tag or certificate from a licensed veterinarian stating that the dog has been inoculated with suitable vaccines for the prevention of rabies.

C. Neutering of the dog at the cost of the owner. Exceptions to this condition may be granted at the discretion of the board of county commissioners. The dog in question shall not be destroyed pending a decision of the board of county commissioners. (Ord. 4-20-78 § 1(12))

6.04.140 Number of dogs.

It is unlawful for any owners to keep on one premises in a dog control district more than three dogs over the age of six months. Exceptions to this restriction may be granted at the discretion of the sheriff, upon written application. Any owner who has requested an exception may maintain more than three dogs pending a decision of the sheriff. Within thirty days of the sheriff’s determination, a dog owner affected by an adverse decision may appeal to the board of county commissioners. (Ord. 6-1-93, 1993; Ord. 4-20-78 § 1(13))

6.04.150 Rabies—Emergency—Muzzling required.

A. Whenever it becomes necessary to safeguard the public from the danger of rabies, the board of county commissioners, if it deems it necessary, shall issue a proclamation declaring a thirty-day period of emergency and ordering every person owning or keeping a dog to confine it securely on his premises during such emergency period, unless the dog is wearing a muzzle of sufficient strength to prevent its biting any person or animal. Any unmuzzled dog running at large during the period of the emergency shall be seized and impounded unless noticeably infected with rabies.

B. All dogs so noticeably infected with rabies and displaying vicious propensities may be killed by the special officer forthwith and without notice to the owner. The provisions of HCC 6.04.100 through 6.04.120, inclusive, shall apply as to all dogs not noticeably infected with rabies. If at or near the end of the first or any subsequent thirty-day emergency as provided for in this section, the chairman of the board of county commissioners believes that such emergency still exists, he may extend such emergency period from time to time for additional thirty-day periods until such emergency no longer exists. (Ord. 4-20-78 § 1(14))

6.04.160 Rabies—Notice.

A. If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by the special officer and placed under observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the special officer of the fact that his dog has been exposed to rabies and at his discretion the special officer is empowered to have such dog removed for observation for a period of two weeks at the expense of the owner.

B. It is unlawful for any person knowing or suspecting that a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the county without written permission of the special officer or the sheriff. Every owner or other person upon ascertaining a dog is rabid shall immediately notify the special officer who shall either remove the dog to the dog pound or summarily destroy it. (Ord. 4-20-78 § 1(15))

6.04.170 Barking dogs—Impounding.

It is unlawful for any dog owner to permit or allow his dog habitually to howl, bark or in any other manner disturb the peace and quietude of the community or of any person within the district. (Ord. 4-20-78 § 1(16))

6.04.180 Barking dogs—Revocation of license.

A. The dog license issued as provided by HCC 6.04.020 through 6.04.040 shall be revoked whenever the owner or owners of said dog have been convicted three times pursuant to HCC 6.04.170. It is unlawful to keep or maintain any dog in the dog control district after its license has been revoked, and no other license may be issued for such dog.

B. If said dog is not removed from the district within five days after its license has been revoked, the special officer may impound said dog. It shall not be released from the dog pound except with the written permission of the special officer, who shall first obtain from the owner or other person receiving the dog a written agreement that such dog will, if released, be permanently removed from the district. If the owner of such dog refuses to so agree, the dog shall be disposed of as provided in HCC 6.04.120. The owner may, however, sign such an agreement under protest and appeal by a written notice to the board of county commissioners for reinstatement of the dog’s license. Pending a decision on such appeal, the dog shall be kept outside of the district. The board of county commissioners shall set the appeal for hearing within forty-five days after receipt of such appeal and give the owner the opportunity to present witnesses in his behalf. The board of county commissioners may either reinstate the license or permanently revoke it, and its decision shall be final. (Ord. 4-20-78 § 1(17))

6.04.190 Dangerous dogs.

A. As used in this section, “dangerous dog” has the meaning set forth in HCC 6.04.010.

B. Whenever the owner of any dog has knowledge that such animal has engaged in conduct that meets the definition of a “dangerous dog” as set forth in HCC 6.04.010, the owner shall immediately inform the special officer and deliver the dog to the dog pound, to be held for a period of fourteen days. Failure so to do is unlawful. Whenever the special officer is informed that any dog has bitten a human being, and the owner has failed to do either of the things required by this subsection, he shall cause said dog to be placed under observation, with a veterinarian if available, at the expense of the owner for a period of fourteen days. If it appears that the dog has rabies, the special officer shall cause the dog to be destroyed. If, at the end of such period of observation, it appears that the dog does not have rabies, the special officer shall recover the dog from the place of observation, and the dog shall be released to its owner without charge. Payment of the impounding fees, if any, and all costs and charges incurred by the county and the veterinarian shall be a county charge.

C. If a dog on a second occasion bites a human being, the owner shall comply with subsection (B) of this section, but such dog must thereafter if kept in the county at all times be confined in a secure pen, in such a manner that it cannot escape, and such pen must be inspected and approved by the special officer.

It such dog is in the public dog pound, it shall not be released until the special officer has examined and approved such pen. If the owner of the dog refuses to provide such pen, the provisions of HCC 6.04.180(B) shall apply.

D. The dog license issued as provided by HCC 6.04.020 through 6.04.040 may be restricted whenever a dog is found to be dangerous. Any dog whose license has been restricted upon that ground shall be forthwith destroyed if it is thereafter observed outside of the pen in which it is required to be confined.

E. Any law enforcement or animal control officer may take such action as is reasonably necessary, including, but not limited to, killing the animal, to protect himself or others from a dangerous animal if the animal is attacking. (Ord. 11-15-16A § 2; Ord. 4-20-78 § 1(18))

6.04.200 Delay in obtaining license—Penalty.

A grace period of thirty days in obtaining a dog license is hereby granted, and no penalty shall be imposed if the license is obtained within thirty days after January 1st, or within thirty days after the owner comes into ownership or possession of the dog, if he did not have such ownership or possession on January 1st. If a dog license is not purchased within the grace period, the owner in addition to the regular license fee shall pay a penalty as follows:

A. Twenty-five percent if paid within the first month following the grace period;

B. Fifty percent if paid within the second month following the grace period;

C. Seventy-five percent if paid within the third month following the grace period;

D. One hundred percent if paid within the fourth month or any subsequent month following the grace period. (Ord. 4-20-78 § 1(19))

6.04.210 Charges as debt.

The amount of any license together with penalties, impounding fees and all other charges specified in HCC 6.04.010 through 6.04.040 and 6.04.060 through 6.04.200, inclusive, are a debt to the county; any person liable for the payment thereof is liable in an action in the name of the county in any court of competent jurisdiction for the amount thereof, and also for the sum of court costs and attorney’s fees. (Ord. 4-20-78 § 1(20))

6.04.220 Interference with special officer.

Every person who in any manner interferes or attempts to interfere with the special officer in the performance of any duty imposed by HCC 6.04.010 through 6.04.040 and 6.04.060 through 6.04.210, inclusive, and every person who unlawfully takes or attempts to take any dog seized pursuant to the provisions of such sections from the custody of the special officer, and every person who removes or attempts to remove from the public dog pound any dog impounded therein without having first redeemed the dog as provided in such sections, or obtained permission of the special officer to do so, is guilty of a misdemeanor. (Ord. 4-20-78 § 1(21))

6.04.230 Abandonment, mistreatment and inhumane killing of dogs.

It is unlawful for any person to mistreat any dog or to kill a dog in any way except a humane manner. The special officer may enter upon private property to prevent the mistreatment of any dog or to impound any dog which has been abandoned or mistreated. (Ord. 4-20-78 § 1(22))

6.04.240 Killing licensed dog without consent of owner unlawful.

It is unlawful for the special officer to kill or cause to be killed any licensed dog unless and until:

A. The written consent of the owner has been obtained; or

B. Notice has been given pursuant to HCC 6.04.110, receipt of said notice by the owner has been acknowledged or can be proven, and five days have passed since notice was received; or

C. The dog has been abandoned. Except that it is lawful for the special officer or any police officer or peace officer to kill any rabid or mad dog.

D. Nothing in this section shall prevent a special officer to use a tranquilizer gun on a dog. (Ord. 4-20-78 § 1(23))

6.04.250 Dog control districts.

There are the following dog control districts in the county:

A. Golconda dog control district:

Township 36N, Range 40 E, M.D.M.

Sections: 19 through 36

Township 35 N, Range 40 E, M.D.M.

Sections: 1 through 18

B. Winnemucca rural dog control district:

Township 35 N, Range 36 E, M.D.M.

Sections: All

Township 35 N, Range 37 E, M.D.M.

Sections: All

Township 35 N, Range 38 E, M.D.M.

Sections: All

Township 36 N, Range 37 E, M.D.M.

Sections: All

Township 36 N, Range 38 E, M.D.M.

Sections: All

Township 37 N, Range 38 E, M.D.M.

Sections: 9 east of Highway 95, 10, 15, 16 east of Highway 95, 21 east of Highway 95, 22.

(Ord. 8-4-97; Ord. 4-20-78 § 1(26))

6.04.260 Rabies control districts.

All portions of the unincorporated part of Humboldt County not placed in a dog control district constitute the Humboldt County rabies control district. (Ord. 4-20-78 § 1(27))

6.04.270 Rabies vaccination required outside dog control districts.

It is unlawful for any owner to keep any male or female dog over the age of six months within the unincorporated portions of Humboldt County situated outside any dog control district therein for over thirty days except as provided in this section through HCC 6.04.310, inclusive. Every owner so having any such dog over the age of six months shall procure the inoculation of each such dog by a licensed veterinarian with a canine antirabies vaccine approved by and in a manner prescribed by the State Department of Agriculture. Every such dog owner shall thereafter at such intervals as may be prescribed by rules and regulations of the State Department of Agriculture procure the additional inoculation of each such dog as required by such rules and regulations. (Ord. 4-20-78 § 1(28))

6.04.280 Confinement of dogs under six months.

All dogs under six months shall be confined to the premises of, or kept under physical restraint by, the owner, keeper or harborer. Nothing in this section shall prohibit the sale or transportation of any such dog. (Ord. 4-20-78 § 1(29))

6.04.290 Identification tags.

For the purpose of dogs which have been duly inoculated against rabies and to permit notification of the owner of a dog which has been impounded by the city of Winnemucca, Humboldt County or other agency, dog owners may obtain from the county sheriff a metallic tag bearing the date of inoculation and an identification number sufficient to properly identify the dog and its owner. The fee for such identification tag is fifty cents. (Ord. 4-20-78 § 1(30))

6.04.300 Records and reports.

The sheriff or the special officer shall keep a permanent record in which shall be listed all dogs impounded and such other information as the board of county commissioners shall require, together with a record of all identification tags issued pursuant to the provisions of this chapter. (Ord. 4-20-78 § 1(31))

6.04.310 Employment of agents—Cooperative agreements.

Subject to the approval of the board of county commissioners, the sheriff of Humboldt County shall be authorized to employ the services of a special officer to carry out the provisions of this chapter or to enter into a cooperative agreement with the city of Winnemucca or any other agency for the services of a special officer or for use of impounding facilities or for any other purpose to aid in the enforcement of the provisions of this chapter. (Ord. 4-20-78 § 1(32))

6.04.320 Euthanasia of dogs.

In all cases provided in this chapter for destroying dogs, the sheriff is authorized to designate a licensed veterinarian or the animal control officer to administer euthanizing agents to the dog or dogs, subject to the following provisions:

A. Only an animal control officer who has been certified as competent to administer euthanizing agents by intramuscular, intercardiac and intravenous routes, by a licensed veterinarian or a school accredited in the training of euthanasia technicians shall be so designated.

B. Appropriate euthanizing agents included in Schedule II of the Uniform Controlled Substances Act or “T-61” will be used. Substances governed by the Uniform Controlled Substances Act shall be handled as provided therein. The T-61, as well as the equipment used in administering it, shall be kept in locked storage.

C. The animal control officer shall keep a journal in which the date, time, weight of animal and quantity of sedative, if used, shall be entered as to each animal euthanized. (Ord. 7-12-82A § 1; Ord. 4-20-78 § 1(33))

6.04.330 Penalties.

Any person who commits any act or acts declared in HCC 6.04.010 through 6.04.040 and 6.04.060 through 6.04.220, inclusive, to be unlawful, or fails to do any such act required to be done by such sections, if such failure is by such sections declared unlawful, is guilty of a misdemeanor and shall be punished by a fine of less than three hundred dollars. Any person who violates any of the provisions of HCC 6.04.050, 6.04.230 and 6.04.240 is guilty of a misdemeanor and shall be punished by a fine of not less than five dollars or more than one hundred dollars, or by imprisonment in jail for not less than five days or more than one hundred days, or by both such fine and imprisonment. (Ord. 4-20-78 § 1(25))