Note: Ordinance history not specified in body of text
but is: Ord. 1518, 1995; Ord. 1453, 1993; Ord. 1384, 1991; Ord. 1307,
1989; Ord. 1242, 1987; Ord. 1183, 1985; Ord. 1118, 1983; Ord. 1042,
1982; and ordinances numbered 984, 861, 764, 691, 613, 596, 561, 554,
523, 502, 404, 369, 321 and 308).
When used in this chapter, the words defined in this section
shall have the meanings prescribed in this section.
mean any members of the kingdom Animalia exclusive of Homo
sapiens.
means the division of the department of agriculture, which
is established as the animal control agency in the county.
means the facilities provided by the county for the impoundment,
relinquishment, quarantine, and adoption or sale of animals.
within the meaning of this title, means such actions or behaviors
of an animal (excluding those agricultural activities permitted by
Merced County Code) which interfere with the rights of persons to
the enjoyment of life or property by creating chronic annoyance, disturbance,
or discomfort to neighbors or others in close proximity to the premises
where the animal is kept, harbored or maintained, and shall include,
but not be limited to the following:
|
A.
|
Causing fouling of the air by the unpleasant odor of accumulated
fecal waste or urine. Such fouling of the air must be detected from
a location or locations other than the property in question;
|
|
B.
|
Causing unsanitary conditions in enclosures or surroundings;
|
|
C.
|
Making a chronic, continuous excessively loud or disturbing
noise of more than a 15 minute duration per incident, that prevents
the resident or residents of any property from enjoying the full use
of that property for any lawful purpose including but not limited
to sleep or rest. This does not include periodic barking or other
utterances of short duration; or
|
|
D.
|
Causing offense or danger to public health, safety, or welfare
by virtue of the number or types of animals and the method they are
maintained. Determination of this violation will be made initially
by the investigating animal control officer. Referrals will be made
to the appropriate county or state agencies as required by law.
|
means an animal off the premises of its owner or custodian
and:
|
A.
|
If livestock, not under the control and in the immediate presence
of the owner or custodian; or
|
|
B.
|
If a dog or a cat, not under physical restraint.
|
means an animal off the premises of its owner or custodian
as outlined in the definition of "at large" in this section which
through direct or indirect action causes or inflicts injury to any
person. Injury is described as a wound or other type of injury which
requires medical treatment, such as muscle tears, lacerations requiring
sutures, broken bones or surgery.
means the management head of animal control and his or her
duly authorized staff.
means any dog, other than a law enforcement service dog, that bites a person or other animal in the unincorporated areas of the county of Merced; provided however, that the person or animal bitten was not at the time either provoking or teasing the dog without cause. The records of dog bites kept by animal control shall be deemed official records and shall establish the number of bites recorded. Nothing in this section is meant to preclude any action or investigation of a biting animal under Section 7.04.290 or 7.04.292 of this chapter.
means any enclosure, premises, building, structure, lot or
area in or on which five or more cats of at least six months of age
are kept, harbored, or maintained.
means to so restrain or control an animal that so it does
not defecate on public property or the property of others except by
the expressed consent of the owner of such property.
means any animal that can be categorized in any one or more
of the following manners:
|
A.
|
Any animal which behaves in such a manner that the owner or
custodian thereof knows or should know that the animal poses a threat
to public safety;
|
|
B.
|
Any animal which because of its size, training, behavior, physical
nature, or vicious propensity would threaten public safety were it
not controlled as prescribed in this chapter;
|
|
C.
|
Any animal which threatens or attacks any person in a manner
which requires substantial defensive action by any person to prevent
bodily injury;
|
|
D.
|
Any animal which threatens or attacks any other animal belonging
to another when such other animal is confined upon private property
or otherwise lawfully restrained and controlled.
|
means any acts committed by an animal as defined in the definition
of "dangerous animal" in this section.
means the director and administrator of the division of animal
control for the county of Merced.
as used in this title, means a metallic tag, which will be firmly affixed to the animal's collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag. These tags are issued as outlined in Section 7.04.260 of this chapter.
means dogs and cats, except as limited in the definition
of "feral animal" in this section, as well as horses, donkeys, mules,
burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl
commonly kept or raised in the county as farm or livestock animals.
means a fence or structure suitable to prevent the entry
of young children, and which is suitable to confine a potentially
dangerous or a vicious dog in conjunction with other measures which
may be taken by the owner or custodian of the dog. The enclosure shall
be designed to prevent the animal from escaping. The animal shall
be housed pursuant to Section 597t of the Penal Code.
means any domestic animal, which is known to live in a wild
or semi-wild state without benefit of an owner or any domestic animal,
which has escaped for a substantial period of time from the care of
its owner or custodian and is existing in a wild state without benefit
of domestication.
or other words used in the masculine gender include the feminine;
the singular number includes the plural, and the plural the singular.
means the health department of the county of Merced.
means the director of the health department of the county
of Merced or other person duly authorized by the director of the health
department or designated by the board of supervisors to act as the
health officer.
for the purposes of this chapter, means the process prescribed in Section 7.04.300 for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, dangerous and vicious animals, permits, or such other administrative matters as pertain to the application of this chapter.
means the person appointed by the director to preside at
and render judgments from hearings transacted under the authority
of this chapter. The person may be an employee of the county who is
not assigned to animal control or otherwise subordinate to the manager
thereof, or a person who is not an employee but is retained to provide
such services. Any such hearing officer shall be qualified by training
or experience or shall be an attorney or an administrative law judge.
means the physical restraint and transport of an animal to
the animal shelter by the animal control manager, other agency or
the general public. An animal confined and returned to the owner or
custodian, prior to transport to the animal shelter, is to be considered
impounded.
means the taking up and confining of an animal by the animal
control manager in accordance with the provisions of this chapter
or other applicable law or regulation.
means any enclosure, premises, building, structure, lot or
area in or on which five or more dogs of at least four months of age
are kept, harbored or maintained.
as used in this chapter unless otherwise specified, means
a fence of sufficient height, strength, and capacity; and which is
maintained in good repair, to prevent the ingress and egress of the
animals housed, controlled or grazed on the property.
means any horses, donkeys, mules, burros, cattle, sheep,
goats, swine, llamas, camels, rabbits and fowl commonly kept or raised
in the county as farm or livestock animals.
means the primary or responsible person who possesses, has
title to or an interest in, harbors, provides care, or has control,
custody or possession of an animal, and the verb of "to own" includes
all these shades of meaning. In addition, any person finding a stray
animal who harbors, provides care, or has control, custody or possession
of that animal for more than 10 business days is to be considered
the owner as defined in this section and is responsible for all rules,
regulations and fees pertaining to such animal.
means fictional entities such as corporations, estates, associations,
partnerships and trusts, as well as one or more individual human beings
or responsible members of the household.
within the context of this chapter and unless otherwise stated, means licenses issued by the animal control manager pursuant to the provisions of this chapter which authorize either the maintaining and operating of a kennel or cattery (a kennel/cattery permit) or the keeping of a wild animal (a wild animal permit) but shall not include licenses issued by the animal control manager pursuant to the provisions of Section 7.04.260 which authorize the keeping of a dog.
means a dog, which meets any of the following documented
criteria:
Any dog, which when unprovoked, on two separate occasions
within the prior 36 month period, engages in any behavior that requires
defensive action by any person to prevent bodily injury when the person
and the dog are off the property of the owner or the custodian of
the dog.
Any dog which, when unprovoked, bites a person or otherwise
engages in aggressive behavior, causing less severe injury than as
defined in this section.
Any dog, which, when unprovoked, has killed, seriously bitten,
inflicted injury, or otherwise caused injury to a domestic animal
off the property of owner or custodian of the dog.
means any physical injury to a human being that results in
a major fracture, muscle tears or disfiguring lacerations or requires
multiple sutures or corrective cosmetic surgery.
means the inoculation of an animal with rabies and any other
vaccine approved by and in the manner prescribed by the State of California,
Department of Health Services.
means a person licensed by the state of California to practice
veterinary medicine.
means any animal (except a dog assisting a peace officer
engaged in law enforcement duties) which has, on one or more occasions,
committed any one or more of the following acts:
Physically attacked, mauled, or physically injured by biting
any person, without provocation, at a place other than upon the private
property where the animal is maintained by the owner.
Physically attacked, mauled, or physically injured by biting
any person, without provocation, when the owner thereof knows or should
reasonably know that the animal poses a threat to public safety and
has made no substantial effort to prevent the attack or when the owner
has purposefully encouraged or commanded the animal to attack, maul,
or physically injure any person.
Physically attacked and injured by biting any animal, without
provocation, which is lawfully maintained on private property not
belonging to the owner of the offending animal.
Physically attacked and injured by biting any animal, without
provocation, which is lawfully maintained or controlled upon public
property.
means any acts committed by an animal as defined in this
section.
means a dog, which is described by any of the following:
Any dog that engages in or has been found to have been trained
to engage in exhibitions of fighting; Any dog, which when unprovoked,
in an aggressive manner, inflicts severe injury on or kills a person;
Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or custodian has been notified of this determination continues the behavior described in this section or is maintained in violation of Section 7.04.292(H).
means any of the following:
Following members of the Class Reptilia:
Following members of the Class Aves:
Order Falconiformes (such as, but not limited to, hawks,
eagles and vultures, which are not kept pursuant to federal or state
permit); and
Following members of the Class Mammalia:
Order Carnivora, expressly excepting the domestic dog (canis
familiaris) and the domestic cat (felis catus), but including, but
not limited to, the family Felidae (such as ocelots, margays, tigers,
jaguars, leopards and cougars), the family canidae (such as wolves,
dingos, coyotes and jackals); and
Order Marsupialia (such as kangaroos and opossums), and
Order Chiroptera (bats) and
Order Edentata (such as sloths, anteaters and armadillos); and
Order Proboscidea (elephants); and
Order Primata (including, but not limited to, monkeys, chimpanzees
and gorillas); and
Order Ungulata (expressly excluding any animal which would be
included within the definition of "domestic animal" in this section),
including, but not limited to, antelope, deer and bison.
Any nondomestic species, when kept maintained or harbored in
such numbers or in such a manner as to constitute the likelihood of
danger to the animals themselves, to human beings or to the property
of human beings.
Any species of animal which is venomous to human beings whether
its venom is transmitted by bite, sting, touch or other means, except
honey-producing bees.
Any hybrid animal which is part wild animal and is capable of
transmitting rabies, except livestock hybrids, and for which no rabies
prophylaxis is recognized or authorized by the state of California.
(Ord. 1675 § 2, 2002)
This chapter shall be known as, and may be cited and referred
to as, the "animal control ordinance."
(Ord. 1675 § 2, 2002)
A.
The
issuance by animal control and the acceptance by the owner of any
license or permit to keep an animal as provided for herein is prima
facie evidence that the owner agrees to comply with the terms and
conditions set forth in this chapter and that the owner has satisfied
the basic licensing requirements under this chapter. Such issuance
shall be given no evidentiary weight to indicate that the owner has
conformed to zoning regulations, building regulations, health and
safety regulations or to any other applicable rule, regulation or
statute. For purposes of the administration of this chapter, if, pursuant
to the issuance of official written notice, approval has been given
by the office or agency responsible for the administration of the
rule, regulation or statute in question, such approval shall be deemed
prima facie evidence that the matter approved is in conformance with
the rule, regulation or statute in question.
B.
Exemptions.
The licensing regulations in this chapter are not applicable to the
following:
1.
Owners
of animals kept as all or part of the stock of (a) nonprofit zoological
gardens open to the public, (b) pet shops, (c) circuses, or (d) animal
exhibits when such enterprises are operated under business licenses
granted by the county.
2.
Service
dogs that have been trained and certified to assist the blind, deaf,
or physically challenged.
3.
Public
safety animals such as police, rescue and drug enforcement dogs.
(Ord. 1675 § 2, 2002)
A.
No owner
or custodian of any animal, wild or domestic, shall permit or suffer
the animal to do any of the following:
1.
Be
at large;
2.
Act or be kept in such a manner as to constitute an animal nuisance within the meaning of this chapter, as described in Section 7.04.010;
3.
Endanger
the life or health of others;
4.
Damage
the property of others; or
5.
Be
afflicted with and not be receiving medically accepted treatment for
zoonotic or other communicable disease.
B.
If found guilty of subsections (A)(2), (3), (4) and (5), the owner or custodian may be ordered by the court, to relocate or otherwise remove the animal from the location where it is kept to prevent further violations. The court may also prohibit the owner or custodian from owning animals for a period of three years. These actions may be taken in addition to any other fine or punishment the court deems necessary.
(Ord. 1675 § 2, 2002)
A.
No person
other than an individual transporting working dogs within agricultural
or rural areas of the county shall transport or carry on any public
highway or public roadway, any animal, wild or domestic, in or by
a motorized vehicle unless the animal is as follows:
1.
Safely
enclosed within the passenger compartment of the vehicle or if carried
in the area designated for load carrying, the area must be enclosed
or has side and tail racks at least 46 inches in height as measured
from the floor of the vehicle;
2.
Protected
within a secured container carried within, upon, or by such a vehicle;
or
3.
Securely
cross-tethered or secured to such vehicle by rope, chain, or other
device in a fashion, which prevents injury to the animal from falling
from, being ejected from, or jumping from the vehicle.
B.
No person
shall leave an animal, wild or domestic, in any unattended motorized
vehicle without adequate ventilation to ensure the inside temperature
of the vehicle does not exceed 85 degrees Fahrenheit.
1.
Temperatures
over 85 degrees Fahrenheit cause unhealthful conditions, which will
adversely affect the health, safety, or well-being of the animal.
2.
Passenger
compartment temperatures exceeding 100 degrees Fahrenheit constitute
an emergency situation for the animal and can lead to serious injury
or death within a short period of time.
3.
Animal
control has the authority to enter a passenger compartment of a vehicle
or force entry into a passenger compartment of a vehicle if the health,
safety, or well being of the animal is in jeopardy. For purposes of
this section "jeopardy of health, safety, or well being" means keeping
the animal in unhealthful conditions or conditions which constitute
an emergency situation as detailed in this section.
4.
A
person violating this section is guilty of a misdemeanor.
(Ord. 1675 § 2, 2002)
It shall be the duty of any person having custody of a dog to
curb such dog or to immediately remove any feces deposited by such
dog on public property or the property of others to a proper receptacle.
Unsighted persons while relying on a guide dog shall be exempt from
this section. Violation of this section is an infraction.
(Ord. 1675 § 2, 2002)
A.
No person
shall permit or suffer a dog to stray from private property owned
or legally possessed by the dog owner or custodian unless the dog
is restrained by a leash or lead not exceeding eight feet in length,
except in the following situations:
1.
When
the dog is assisting a peace officer who is engaged in law enforcement
duties or when the dog is participating in a search and rescue effort
at the specific request of a law enforcement authority;
2.
When
the dog is enrolled in and actually participating in a dog training
or obedience course, exhibition, or competition conducted by an organization
on private or public property with the permission of the owner or
operator of the grounds of facilities;
3.
When
the dog is assisting the owner or person in charge of livestock in
the herding or control of such livestock; or
4.
When
the dog is accompanying and under the direction of a person engaged
in hunting on property where such activities are allowed, or on private
property with written permission of the owner.
B.
Dog at Large Causing Injury. Any owner or custodian of any dog, which is running at large as described in Section 7.04.010 that causes injury through indirect, or direct action, is guilty of a misdemeanor. Nothing in this section precludes prosecution for any additional or more severe applicable state or federal criminal liability which may apply as a result of injuries, property damage, or death which resulted from the animal running at large.
(Ord. 1675 § 2, 2002)
A.
No person
shall permit or suffer livestock to stray from private property owned
by the owner or custodian of such livestock, or from private property
to which such owner or custodian has a right of possession, except
in the following situations:
1.
When
the livestock is being led, driven, or conducted along a public road
or street during daylight hours under the supervision and control
of its owner or custodian;
2.
When
the livestock is on public property with the consent of the owner
or operator of the grounds or facilities, or on private property with
the consent of the owner, lessee, or other person in control thereof,
and such property is lawfully fenced;
3.
When
the livestock is on designated open range areas.
B.
The
owner or custodian of any livestock that are found at large on any
public road way or highway, in violation of this section shall be
guilty of a misdemeanor.
C.
The
owner or custodian of any livestock that are found at large on any
public or private property other than the owners, without permission
of the property owner shall be guilty of an infraction.
D.
Nothing
in this section precludes prosecution for any additional or more severe
applicable state or federal criminal liability which may apply as
a result of injuries, property damage, or death which resulted from
the livestock running at large.
E.
In addition
to any other penalties imposed, the owner or custodian of the livestock
shall be liable for the salaries, costs, and other expenses incurred
by the division in restraining, capturing, or rescuing such livestock.
The animal control manager shall determine the salaries, costs, and
expenses of the division with the concurrence of the county auditor.
(Ord. 1675 § 2, 2002)
Any person who owns or is responsible for the care, custody
or control of livestock must maintain the animals within a lawful
fence as outlined in Food and Agriculture Code Sections 17121 and
17152. A lawful fence is substantial and sufficient to prevent the
ingress and egress of the animals housed. No wire fence is a substantial
and sufficient fence within the meaning of this section unless it
has a minimum of three tightly stretched barbed wires, securely fastened
to posts of reasonable strength and not more than 10 feet apart. One
wire must be at least four feet above the ground. Unless otherwise
indicated in this chapter, violation of this section is an infraction.
(Ord. 1675 § 2, 2002)
The owner or custodian of any animal, wild or domestic, shall
provide proper and adequate food, water, shelter, qualified medical
care or attention and required vaccinations, for such animal at a
level, which insures the animal's safety, good health, and well being.
The owner or custodian shall maintain any enclosures or surroundings
where the animal is kept in a sanitary condition. A person in violation
of this section is guilty of a misdemeanor. After a person has been
given written notification that a violation of this chapter exists,
each day the violation continues is to be considered a separate offence.
(Ord. 1675 § 2, 2002)
Any person who prevents, resists, threatens, or obstructs an
attempt by the animal control manager to perform his or her lawful
duties pursuant to this chapter or any person who conceals or secretes
any animal subject to inspection or impoundment or any owner who fails
to relinquish upon lawful demand any animal to be impounded shall
be guilty of a misdemeanor.
(Ord. 1675 § 2, 2002)
No person shall wilfully make a false or misleading statement
or representation to the animal control manager acting in his or her
official capacity, regarding the ownership or right to custody or
control of an animal for which a permit or license is required, or
regarding the ownership of an animal redeemed from, relinquished to,
impounded by, or taken up by the animal control manager pursuant to
this chapter. Such persons shall be guilty of a misdemeanor.
(Ord. 1675 § 2, 2002)
A.
The
animal control manager is authorized to charge and collect a fee from
any person, including the animal's owner or custodian, who calls the
animal control manager to his residence requesting emergency assistance
and, upon his arrival, the animal control manager determines either
(1) that the emergency is unfounded, or (2) that the person requesting
the assistance is not at the residence, or (3) that the animal creating
the emergency has been removed from the residence, or (4) that the
emergency has otherwise been resolved by the animal's owner or custodian
prior to the arrival of the animal control manager.
B.
The
amount of the fee authorized under this chapter shall be weighted
average hourly rate for the costs to the animal control division of
such services as determined annually by the Merced County auditor's
office.
(Ord. 1675 § 2, 2002)
Any person having knowledge that any animal capable of transmitting
rabies has bitten or otherwise exposed to rabies a human being or
other animal within Merced County, is required to immediately report
that fact to the health officer or the animal control manager. Such
person must furnish complete information thereof, including, but not
limited to, any knowledge of the whereabouts of said animal. Any person
failing to report an animal bite is guilty of an infraction.
(Ord. 1675 § 2, 2002)
Any person keeping, harboring, maintaining, or owning a potentially
dangerous dog, vicious dog, dangerous animal, vicious animal, or wild
animal that escapes from its confinement shall immediately notify
the animal control manager within one business day of such escape.
Notification shall first be by phone and shall be followed with written
notification which includes the following information, as known:
A.
The
date, place, and time of the animal's escape;
B.
A description
of the animal and its condition at the time of escape; and
C.
The
name, address, and residential and occupational telephone numbers
of the owner of the animal.
(Ord. 1675 § 2, 2002)
Fees shall be established by the board of supervisors as set forth in Section 7.04.330 to include, but not be limited to, fees for impoundment, licensing, kenneling, adoption, and boarding of animals.
(Ord. 1675 § 2, 2002; Ord. 1864 § 3, 2009)
The animal control manager is given the authority to charge fees for services regarding transporting, receiving, surrendering, tranquilizing, and cremating of animals as set forth in the department of agriculture, division of animal control, fee schedule. In addition to the foregoing, the animal control manager may charge fees to recover the costs of services not specifically mentioned or required by this section up to a maximum fee established in accordance with Section 7.04.160 of this chapter.
(Ord. 1675 § 2, 2002)
The animal control manager, under direction, shall supervise
the animal shelter and all animal control personnel.
A.
Responsibility.
The animal control manager is responsible for the regulation and the
enforcement of this chapter and other laws dealing with animals existing
within the unincorporated territory of the county and those incorporated
areas thereof which may, from time to time, contract with the county
for such services. The duties of the animal control manager shall
include, but not be limited to, the following:
1.
To
administer the animal shelter and keep such records as may be required;
2.
To
take up and impound animals which are in violation of this chapter;
3.
To
remove and dispose of the carcass of any animal found on any county
roadway, street, alley or other public place;
4.
To
quarantine animals and to cooperate with the county health officer;
5.
To
administer licensing and permit programs as provided for in this chapter;
and
6.
To
abate animal nuisances.
B.
Rules
and Regulations. The animal control manager may formulate rules and
regulations in conformity with, and for the purpose of carrying out
the intent of this chapter. Compliance with such rules and regulations
shall be prerequisite to the issuance and continued validity of any
license or permit provided herein.
C.
Authority
to Carry Firearms. The animal control manager may authorize such animal
control officers as he or she may specifically designate to carry
firearms when acting in the course and scope of their employment pursuant
to Section 12031 of the Penal Code of California.
D.
Authority
to Arrest and to Issue Citations. In the performance of his or her
duties, the animal control manager and each animal control officer
shall have the authority and immunities of public officers and employees
as set forth in California Penal Code Section 836.5 to make arrests
without a warrant or to issue citations pursuant to Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the California Penal Code
whenever he or she has probable cause to believe that the person to
be arrested has committed a violation of this title or of any ordinance
or statute which he or she has the duty to enforce. Animal control
officers are not permitted to take anyone into physical custody but
may request a person or persons be taken into physical custody by
the appropriate law enforcement agency.
E.
Authority to Pursue. In the performance of his or her duties, the animal control manager and each animal control officer shall have the authority, when in pursuit of an animal which is in violation of a provision of this code, to go upon the property of the owner or a third person for the purpose of impounding the animal; provided, that in the course of such pursuit he or she shall exercise reasonable care to avoid causing damage to the property and shall comply with Section 7.04.190A of this chapter.
F.
Authority
to Use Tranquilizer Equipment. In the performance of his or her duties,
the animal control manager and each animal control officer shall have
the authority to employ the use of tranquilizer equipment and all
other animal control devices commonly used by other animal control
agencies located within the state of California.
G.
Authority
to Destroy.
1.
The
animal control manager shall have the authority, when a clear and
present danger to public safety exists and reasonable means of capture
have failed, or if the animal is irremediably ill, wounded or suffering,
to direct the humane destruction of an animal in the field.
2.
In
such cases of destruction, reasonable efforts will be made to notify
the owner or custodian of the animal, if one exists. Efforts will
include, but will not be limited to checking for microchip information,
tattoos, and identification tags.
H.
Authority
to use specialized equipment for self protection. The director of
animal control may authorize trained and certified animal control
personnel to use specialized self-protection equipment such as an
expanding baton or other nonlethal device or chemical agent to prevent
personal injury while on duty.
(Ord. 1675 § 2, 2002)
A.
Any
animal shall be taken up and impounded at the animal shelter (or at
such other place as may be approved by the director) if, to the knowledge
of the animal control manager, any of the following conditions exist:
1.
The
animal is engaged in an activity or existing in a condition prohibited
by this chapter;
2.
The
animal is, or will be, without proper care due to the injury, illness,
death, incarceration, or other involuntary absence of the owner or
person responsible for the care of such animal; or
3.
The
animal is required to be quarantined.
B.
Impoundment
on Private Property. An animal which has become subject to impoundment
while off the property of its owner or custodian and has returned
to the same shall not be impounded if the owner or custodian is present
to accept a citation for the offense, unless, except as provided in
Section 53074 of the California Government Code, a clear and present
danger to public safety exists by virtue of the animal remaining upon
the property.
C.
Notice
of Impoundment. When an animal implanted with a microchip or wearing
a current Merced County license is impounded, the animal control manager
shall make a reasonable attempt to notify the owner or custodian of
record of the date and place of impoundment or removal.
D.
Duration.
1.
All
impounded animals shall be kept in the animal control center or other
authorized place of impoundment for the period as described in Sections
31108, 31752 and 31753 of the Food and Agricultural Code.
2.
During
this holding period and prior to adoption or euthanasia, the animal
will be scanned for a microchip, license tag, tattoo or other form
of identification. If one is found and the owner can be determined,
a reasonable effort must be made to contact the owner of the animal.
3.
Except
for stray animals experiencing irremediable suffering or needing maternal
care, any stray animal impounded shall, prior to the scheduled euthanasia
of that animal, be released to a nonprofit, as defined in Section
501(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by at organization.
E.
Redemption.
1.
The
owner or custodian of any animal impounded may, at any time before
the expiration of the period of impoundment, redeem the animal by
paying all civil penalties, fees and charges accrued provided, if
the animal is one, which is subject to the licensing or permit provisions
of this chapter, the licensing requirements and all court ordered
conditions must be satisfied before the animal is released. Any time
after expiration of impoundment, the owner or custodian of the animal
will be required to pay for all fees in addition to adoption fees.
This process includes spay or neuter.
2.
If
the impounded animal is not currently vaccinated against rabies as
required by law, the subject animal must be vaccinated against rabies
by a veterinarian designated by the animal control manager prior to
redemption and the cost of the vaccination and any other costs accrued
accomplishing the vaccination, including additional impoundment fees,
must be satisfied before the animal is released. If the animal is
not vaccinated against rabies prior to redemption due to veterinary
availability, the owner will be able to redeem the animal without
a rabies vaccination. The owner will be given up to 30 calendar days
to provide proof of vaccination or will be subject to fine pursuant
to local city or county codes.
3.
The
refusal or failure of the owner or custodian of any impounded animal
to pay the fees and charges after due notification shall be held to
be an abandonment of the animal by the owner or custodian. Any person
so abandoning their animal is guilty of a misdemeanor and subject
to a fine up to $1000, imprisonment and restitution of the original
fees and charges.
5.
Upon
the third impound within a 12 month period, any dog or cat so impounded
must be spayed or neutered at the owner's or custodian's expense prior
to redemption. If the owner or custodian can prove to the animal control
director, manager, or their designee that the animal is a valuable
breeding animal and currently registered with a national organization
such as the American Kennel Club and such sterilization would devalue
the animal, this requirement may be waived.
F.
Owner
Surrendered Animals.
1.
Upon surrender of the animal to the animal control manager, the owner or custodian must present sufficient identification such as driver's license, California identification card, bill of sale for the animal, adoption contract or dog license, to establish his or her ownership of the animal and shall sign a statement that he or she is the lawful owner of the animal. The owner or custodian of the surrendered animal must pay all required fees established in accordance with Section 7.04.160 of this chapter.
2.
If
the animal surrendered has a history of vicious or potentially dangerous
behavior, it may be immediately euthanized in accordance with Section
31108.5 of the Food and Agriculture Code.
3.
All
animals must be held the length of time outlined in Section 31754
of the Food and Agricultural Code. Puppies and kittens may be placed
up for immediate adoption. These animals are available for owner or
custodian redemption or adoption for the entire holding period.
G.
Disposition
of Impounded and Surrendered Animals.
1.
Except
as otherwise provided in this chapter, an impounded animal which is
not redeemed within the applicable holding period specified in this
chapter or an animal voluntarily surrendered to the animal control
manager for adoption, except an animal that has been impounded for
quarantine or is known to have bitten a human or to have demonstrated
potentially dangerous or vicious propensities, may, at the discretion
of the animal control manager, be sold for its fair market value as
determined by the animal control manager and upon reasonable conditions
as the animal control manager finds appropriate or may be destroyed.
2.
Except as otherwise provided in subsection (2)(a) of this section, Merced County animal shelter shall not sell or give away to a new owner any dog or cat that has not been spayed or neutered. The animal must be at least eight weeks of age and not dependent on maternal care.
a.
If a veterinarian licensed to practice veterinary medicine in this
state certifies that the dog or cat is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the dog or cat to be spayed or neutered, the animal shelter will
hold the surgical fees paid as a spay neuter deposit. The animal control
manager shall establish the amount of the deposit at the level he
or she determines is necessary to encourage the spaying or neutering
of the dogs or cats. The deposit shall be temporary, and shall only
be retained until the dog or cat is healthy enough to be spayed or
neutered, as certified by a veterinarian licensed to practice veterinary
medicine in this state. The dog or cat shall be spayed or neutered
within 14 business days of that certification, either at the animal
shelter clinic by a staff veterinarian or by one of the contract veterinarians
selected by the animal control manager. If the staff veterinarian
or shelter clinic is not available, the adopter may chose from a list
of the contract veterinarians, provided by the animal control manager.
The contract veterinarian will send proof of the surgical sterilization
to the animal shelter with an invoice for the surgery within 30 business
days. The deposit will be paid directly to that contract veterinarian
for the surgical procedure. In the event the adopter chooses a veterinarian
other than those indicated by the animal control manager, the cost
of the surgical procedure will be at the adopter's expense and the
deposit forfeit.
b.
Failure to spay or neuter the cat or dog as required, is a misdemeanor.
A citation will be issued to the adopter in addition to forfeiture
of the spay neuter deposit. The animal must be returned to the animal
shelter or animal control officer upon demand. The adopter may also
be subject to Civil Penalties as indicated in Sections 30522 and 30523
of the Food and Agriculture Code.
c.
Public animal control agencies or shelters, society for the prevention
of cruelty to animals shelters, humane society shelters, and rescue
groups may enter into cooperative agreements with each other and with
veterinarians in lieu of requiring spaying and neutering deposits
to carry out this section.
d.
For purposes of this section, each member of a litter of puppies,
weaned or unweaned, shall be treated as an individual animal.
3.
When
an animal is sold, the receipt issued by the animal control manager
shall be valid title to the purchaser.
H.
Livestock
Hauling Fee.
1.
When
it is necessary for the impoundment of livestock or large quadruped
animals to utilize specialized hauling equipment, the owner or custodian
of the animals shall be charged a livestock-hauling fee.
2.
A
schedule of fees for hauling livestock shall be established by the
animal control manager. Such schedule of fees shall reflect the approximate
cost of impounding and hauling the livestock or other large animals
including labor and transportation. In the case of a hauler being
used other than Merced County, the livestock owner is responsible
for all costs incurred by the hauler. The hauler must be paid the
requested fees prior to the return of the livestock.
I.
Impoundment Fees. The animal control manager shall charge and collect fees for every impounded animal when claimed and before release. The amount of said fees shall be established as provided in Section 7.04.160 of this chapter and Sections 30804.7(a) and 31751.7(a) of the Food and Agriculture code pertaining to dogs and cats.
J.
Absence
of Liability. No liability shall be incurred for the disposition of
any animal made pursuant to the provisions of this chapter.
K.
Relief
from Fees. Upon the recommendation of the animal control manager to
the director and with the approval of the board of supervisors, the
fees provided for by this chapter may be waived when animals have
been impounded because of civic disorganization, disruption or other
conditions of civil emergency or because of devastation due to fire,
flood, earthquake, storm or other natural calamity.
L.
Waiver
of Fees. The director may authorize the animal control manager to
waive, in full or in part, fees, exclusive of licensing or permit
fees, if necessary to accomplish the protection of animal or public
health, safety, or welfare or if the owner provides satisfactory evidence
that he or she was not at fault, explicitly, for the impoundment or
keeping of the animal at the animal control center.
M.
Rental of Traps. Traps for live-trapping of animals may be maintained and rented to the public by the animal control manager. A deposit shall be collected for each trap and shall be refunded upon return of the trap in good condition. The period of use shall be 10 business days. The animal control manager shall establish a schedule of fees for trap deposit and rental as provided for in Section 7.04.160.
(Ord. 1675 § 2, 2002; Ord. 2005 § 1, 2021)
(Ord. 1675 § 2, 2002)
A.
1.
The
animal control manager shall ensure that all animals falling into
the following categories shall be isolated or quarantined or destroyed
and a rabies specimen taken at the animal control center or at such
other place and under such conditions as are prescribed by the health
officer or authorized according to other applicable California State
laws and regulations:
a.
Known rabid animals;
b.
Suspected rabid animals;
c.
Animals that have bitten or otherwise exposed a human to rabies;
and
d.
Animals of a species subject to rabies, which have been bitten by
a known rabid or suspected rabid animal or have been in intimate contact
with a known rabid or suspected rabid animal.
2.
In
circumstances where the bite or exposure to rabies occurred while
the victim was on the property of the owner or custodian of the animal
or when the victim is a member of the family or household of the owner
or custodian, and when the animal is currently vaccinated against
rabies and, as applicable, licensed as required by the provisions
of this chapter, the animal may, at the discretion of the animal control
manager, be quarantined on the property of the owner provided the
following:
a.
The owner of said animal can and does agree to ensure its confinement
and isolation for the period of quarantine;
b.
The owner agrees, upon demand of the health officer or the animal
control manager during the period of quarantine, to surrender the
animal to the animal control manager;
c.
The owner agrees to immediately notify the animal control manager
if the animal escapes, becomes ill, or dies.
3.
It
is unlawful for the owner or keeper of an animal to violate any of
the conditions of isolation or quarantine prescribed by the health
officer. Any violation of this section is a misdemeanor.
B.
Nonvaccinated Biting Animals Fee. Notwithstanding any other provision of this chapter, the owner of any animal which is required by law to be vaccinated for rabies and which has not been so vaccinated and which bites or wounds any person or other animal shall be subject to a penalty fee established in accordance with Section 7.04.160 of this chapter. The fee shall be payable to the animal control division.
C.
Delivery
of Carcass. Upon the death of any known rabid animal, suspected rabid
animal, or animal which has bitten or otherwise exposed a human or
other animal to rabies, the animal control manager shall obtain and
hold for the health officer the carcass of the animal or an adequate
specimen thereof, except that the animal control manager is not responsible
for the gathering of a specimen from the carcass of an animal.
D.
Epidemics.
The health officer may determine and declare that a rabies epidemic
or other unusually dangerous health situation exists among dogs or
other animals in the county, or in any part thereof. Upon making of
such a declaration, the health officer shall prepare and promulgate
such rules and regulations as are necessary for the conduct of all
persons within the area where the dangerous condition exists, and
the dogs and other animals within the area. These rules and regulations
of the health officer may include, but are not limited to, quarantine,
vaccination and destruction of diseased or suspected rabid or stray
animals by humane methods. Such rules and regulations shall be effective
when filed with the clerk of the board of supervisors. It shall be
the duty of the animal control manager to comply with all directives
of the health officer in the enforcement of the rules and regulations.
A violation of any such rules and regulations is a misdemeanor and
shall be deemed a violation of this chapter.
(Ord. 1675 § 2, 2002)
A.
Every
dog over four months of age shall have a medically current vaccination
with an appropriate antirabies vaccine approved by the California
State Department of Health Services.
B.
Every
cat over four months of age shall have a medically current vaccination
with an appropriate antirabies vaccine approved by the California
State Department of Health Services.
C.
Every
person who owns or comes to own an unvaccinated dog or cat over four
months of age shall have 30 calendar days from the date the animal
was obtained to comply with the provisions of this chapter.
D.
Every
veterinarian, after vaccinating a dog or cat for rabies, shall issue
a certificate to the owner or custodian. The certificate shall include
the following information:
1.
The
owner's full name, address, and telephone number;
2.
The
breed, age, sex, and color or markings of the animal;
3.
The
date of immunization;
4.
The
type of vaccine administered;
5.
The
name of the vaccine manufacturer;
6.
The
lot number of the vaccine used; and
7.
The
signature of the veterinarian administering the vaccination of his
agent and their veterinary license number.
E.
A copy
of the certificate must be kept on file with the animal control manager
if the vaccination was issued at the animal shelter or low cost vaccination
clinics held by the county of Merced. A duplicate copy may be provided
when requested by the owner or custodian of the animal. An administrative
fee shall be charged for each duplicate certificate issued.
F.
The
owner or custodian must maintain the certificate of vaccination, or
a copy thereof, and must, upon demand of a public or peace officer
acting within the course and scope of his or her employment, display
said certificate for examination.
G.
Upon written proof provided by a veterinarian that an animal has a medical condition which would cause it to be endangered by receiving anti-rabies vaccination, the animal control manager may exempt the animal from the vaccination requirements in this section so long as the animal is kept in strict confinement and isolated at all times and so long as the medical condition is proven to exist. The written proof must also contain an estimated date when the animal can be safely vaccinated. Although temporarily exempt from the vaccination requirements the animal is still to be considered nonvaccinated and is not exempt from other provisions of Title 7.
(Ord. 1675 § 2, 2002)
Every veterinarian practicing veterinary medicine within the
county of Merced shall furnish the animal control manager with a copy
of every rabies vaccination certificate prepared by him or their staff.
Such certificates must be mailed to the animal control manager no
later than the fifth of each month. The certificates may also be picked
up by designated animal control personnel if prior arrangement are
made by the veterinarian. A violation of this section is an infraction.
Subsequent violation or violations of this section may be considered
a misdemeanor.
(Ord. 1675 § 2, 2002)
Merced County animal control may enter into an agreement with veterinarians, animal clinics or animal hospitals to sell dog licenses. Those veterinarians, clinics or animal hospitals that have entered into such an agreement with Merced County animal control will be compensated for each licensed issued at the rate established in accordance with Section 7.04.160 of this chapter.
(Ord. 1675 § 2, 2002)
Whenever any agent or staff of the Merced County division of animal control discovers through a vaccination certificate obtained from any veterinarian that an animal named thereon is unlicensed, the owner or custodian of such animal will be notified by mail that such animal is unlicensed and that such animal must be licensed within 15 days of the date of the notice. The owner or custodian of any such dog which has been previously licensed in Merced County shall be subject to a delinquent fee as set forth in Section 7.04.260 of this chapter. The owner or custodian of any such dog which has never been previously licensed in Merced County who obtains a license within 15 days of the date of the notice shall be subject to an administrative fee plus the license fee or any other applicable fee. The owner or custodian of such dog which has never been previously licensed in Merced County who does not obtain a license within 15 days of the date of said notice shall be subject to a delinquent fee as set forth in Section 7.04.260 of this chapter, plus the license fee or any other applicable fee.
(Ord. 1675 § 2, 2002)
Every owner or custodian of an unlicensed or untagged dog shall be deemed to be in violation of this chapter and is guilty of an infraction. After a person has been given written notification that a violation of this chapter exists, each day the violation continues is to be considered a separate offence. Subsequent violations shall be considered misdemeanors as indicated in Section 7.04.320(A)(2) of this chapter.
(Ord. 1675 § 2, 2002)
Every owner or custodian of a dog or cat which does not have a current vaccination for rabies as evidenced by an official certificate therefor, shall be deemed to be in violation of this chapter and guilty of an infraction and may be considered to have failed to provide proper care for the animal as described in Section 7.04.100 of this chapter. After a person has been given written notification that a violation of this chapter exists, each day the violation continues is to be considered a separate offence. Subsequent violations shall be considered misdemeanors as indicated in Section 7.04.320(A)(2) of this chapter.
(Ord. 1675 § 2, 2002)
A.
Every dog over four months of age shall be subject to a dog license fee, due and payable by its owner or custodian not later than when the dog is four months of age or, if the dog is mature when acquired, within 30 calendar days of the acquisition of or entry into the county. Thereafter, such license fee shall become due and payable on the date of expiration on any license previously issued to the owner or custodian for the dog. The amount of such fee shall be established in accordance with Section 7.04.160 of this chapter. The license will expire with the rabies vaccination and is subject to renewal as outlined above.
B.
Upon
the written certification of a veterinarian that a dog has been surgically
sterilized, the amount of the license fee shall be not more than one
half the fee established for intact dogs.
C.
No dog
license shall be issued for any dog vaccinated with a vaccine not
authorized by the State of California. Should a rabies vaccination
not be valid for 12 months from the date of application the owner
or custodian may elect to either:
D.
A dog license fee shall become delinquent 30 calendar days after it becomes due and payable, and upon delinquency, an additional delinquent fee as established in accordance with Section 7.04.160 of this chapter shall be added to the regular fee. An unpaid delinquent fee shall be added to the succeeding year's license fee.
E.
The
animal control manager shall procure and issue serially numbered tags
stamped with the name of the county. This tag is a life time tag and
will be unique to the animal to which it was issued. The tag shall
only be issued upon the application of owners who have complied with
the vaccination and fee provisions of this chapter.
F.
Upon
presentation by the dog owner or custodian of a properly completed
license application form, including proof that the rabies vaccination
will be valid throughout the licensing period, and the proper license
fee, and if applicable, a delinquent fee, the animal control manager
shall issue a dog license. The owner or custodian shall retain the
dog license form for inspection by the animal control manager upon
request.
G.
Every
dog shall be provided by the owner or custodian with a suitable collar,
harness, or other device to which the dog tag can be affixed. The
dog owner or custodian shall ensure that the dog wears such license
tag at all times except when the dog is being prepared for an exhibit
at a dog show.
H.
A license
tag issued for one dog shall not be transferred or attached to any
other dog.
I.
A license
issued to one owner or custodian shall not be transferred to another
owner.
J.
Whenever
a license tag is lost, stolen, or damaged the owner or custodian shall
apply for and obtain a replacement tag from the animal control manager
upon payment of the prescribed replacement fee.
K.
A fee
shall not be levied for any dog license issued for a seeing eye dog
owned by a blind or partially blind person or for any service dog
in training or one that has been duly trained and registered with
a training agency to assist a disabled person when such dog is actively
used for the purpose trained, or for any dog primarily used to assist
a peace officer engaged in law enforcement duties.
L.
Despite anything in this chapter to the contrary, when an owner or custodian brings into the county a dog which has been licensed in another jurisdiction, the dog shall be licensed within 30 calendar days as outlined in this chapter. If the license from the other jurisdiction is valid for at least 12 months, a one-year license may be obtained for replacement tag fees upon the surrender of the other jurisdiction's license and the proper completion of a license application. If the dog owner or custodian elects to purchase a two or three-year license, it shall be issued at the applicable fee and procedure as outlined in subsection a of this section.
M.
Kennel Permit Exemption. Any person or place of business that has properly applied for and received a valid kennel permit as outlined in Section 7.04.270(C) is exempt from licensing each individual dog as described in this section. This exemption does not relieve the permit holder of the responsibility of vaccination as outlined in Section 7.04.210.
(Ord. 1675 § 2, 2002)
A.
Purpose.
The purpose of this chapter is to establish special regulations applicable
to the following:
3.
The operation of catteries as defined in Section 7.04.010 of this chapter.
|
The operation of kennels or catteries and the keeping of wild
animals constitute types of activity, which require special investigation,
review and regulation to ensure that both public and animal health,
safety, and welfare are protected. The necessity to conduct such investigation,
review and regulation arises for reasons which include, but are not
necessarily limited to, the following: (a) the fact that such activities
create health or safety risks which require special regulation; and
(b) the tendency of such activities to create, whether intentionally
or unintentionally, a public nuisance.
|
B.
Permit
Required.
1.
No
person shall maintain or operate a kennel or cattery or keep, harbor,
or maintain a wild animal within the geographic area of the county
governed by this chapter without first, being appropriately zoned
for such activity obtaining or verifying a conditional use permit
from the county planning department if required and applying to and
receiving from the animal control manager an annual administrative
permit to do so. No permit applications will be accepted or considered
until all the requirements of Merced County planning, environmental
health and other required agencies are met. Written documentation
of compliance must accompany the permit application.
2.
The
following shall be exempt from the requirements of this chapter:
a.
Persons keeping wild animals solely and exclusively as part of a
bona fide rehabilitation or educational activity sanctioned by the
state of California, Department of Fish and Game; and
b.
Nonprofit enterprises recognized by the state of California as animal
shelters or humane societies which shelter animals.
3.
If
a person operates more than one kennel or cattery or maintains wild
animals at more than one address, a separate permit shall be required
for each location where the person maintains a kennel or cattery or
keeps a wild animal.
C.
Special
Regulations.
1.
The
operation of kennels or catteries in appropriately zoned areas and
the keeping of wild animals are subject to special regulations governing
their operations as set forth in this section. Any such regulations
not specifically set forth in this section shall be promulgated by
the appropriate officer and shall be effective when approved by the
animal control director.
2.
The
issuance of a permit shall not be deemed to relieve or excuse the
owner or custodian from the provisions and requirements of this chapter
in its entirety; nor from any other applicable requirement as set
forth in existing federal, state, or local zoning codes, health and
safety codes, business codes or other laws, ordinances, or requirements
governing the operation of such a kennel or cattery enterprise or
the keeping of such wild animals.
D.
Application
Filing. All applications for a permit shall be filed, with the required
fees, with the animal control manager. The animal control manager
shall receive any fee required for the application, assure that the
application is complete, and conduct such investigation and review
as is necessary to determine eligibility for issuance of a permit.
The application for a permit shall contain such information and be
filed on a form as is prescribed by the animal control manager.
E.
Fees.
1.
The fee for the issuance of a permit shall be due and payable by the owner within 30 calendar days of the establishment of the kennel or cattery or the keeping of the wild animal within the county and thereafter on the same date each calendar year, the amount of which shall be established pursuant to Section 7.04.160 of this chapter.
F.
Investigation.
The animal control manager shall conduct such investigation of the
background of the owner and the applicant and the history and physical
condition of the kennel or cattery or keeping of the wild animal,
including physical inspection of the premises, as is deemed appropriate.
This investigation will also include but not be limited to criminal
history check, contact of personal and business references, verification
of current rabies vaccinations on all animals and any sales or breeding
documentation the applicant has in their possession. The animal control
manager shall consider as evidence of disregard for the purposes of
this chapter any revocation of prior permits or possession of potentially
dangerous, vicious dogs or animals, conviction on charges directly
related to animal cruelty involving the applicant or owner and conditions
of probation prohibiting ownership of animals. Such character evidence
may be used as cause for denying the application for a permit.
G.
Issuance.
The animal control manager shall issue the permit within 90 days after
the date of application unless either:
1.
The
animal control manager finds that applicant fails to provide information
requested with the application which is essential to making a determination;
2.
The
animal control manager finds that any of the statements made in the
application or supplementary information submitted are incorrect or
untrue;
3.
The
animal control manager finds an authorized basis for denial of the
permit;
4.
The
animal control manager finds that the applicant does not satisfy any
requirement applicable to the permit; or
5.
The
animal control manager finds that the applicant or enterprise does
not conform to existing federal, state, or local zoning codes, health
and safety codes, business codes, or other laws, ordinances or requirements
governing operation of such a kennel or cattery enterprise or the
keeping of such wild animal.
H.
Conditions.
1.
The
animal control manager may issue a permit upon such conditions relating
to the method or manner of operation of the kennel or cattery or the
keeping of wild animal, as he or she deems necessary to protect the
health and safety of the public or the animals kept.
2.
Any
condition imposed pursuant to the provisions of this section, whether
established at the time of issuance, at the time of renewal or during
the term of a permit, shall be embodied, together with the reasons
therefor, in a written notice, which is served upon the applicant
or holder. The condition shall become effective 10 calendar days following
the date of service of the notice thereof; provided, that in the event
an appeal there from is filed within the time and in the manner prescribed,
the condition shall not become effective until the appeal is finally
determined. Notice made by personal service upon receipt. Notice may
also be made through the mail and the receipt is presented five days
after the notice was sent by first class postage paid mail.
I.
Contents
of Permits. The permit shall contain a complete description of the
kennel or cattery or place of keeping authorized by the permit; the
business name (if applicable), address, and telephone number of the
location so permitted; the name, address, and business and home telephone
numbers of the owner of the kennel or cattery or the keeper of the
wild animal, the number of animals to be kept pursuant to the permit,
and any conditions upon which the permit is issued. The kennel/cattery
permit or the wild animal permit or a copy thereof shall be made available
for inspection upon demand by any public or peace officer acting within
the scope and course of his or her employment.
J.
Changes
in Status. During the term of any permit issued pursuant to this section,
the holder of the permit shall within one business day file, in writing
with the animal control manager, notice of any changes in the kennel
or cattery or the location of keeping of the animal which relate to
changes in the information given in the application for the permit.
The animal control manager shall issue an amended permit, which shows
any changes in the permit.
K.
Renewal of Permits. Approximately 30 calendar days prior to the expiration of the term of a permit, the animal control manager shall transmit to the permit holder by mail an application for renewal. The application for renewal shall be on such a form and include such information as is required by the animal control manager and as is consistent with the information required in subsections D and F of this section, with the exception that the animal control manager shall act upon the application for renewal not later than 30 calendar days after the date a valid application for renewal is filed.
The animal control manager shall issue a temporary permit immediately
preceding the permit renewal during the period of any investigation
or examination required to determine whether the permit should be
renewed. If there are no violations and the fees have been paid in
full. For this to apply, the application must be received on or before
the expiration date.
L.
Standards.
The animal control manager shall, with the approval of the director,
set minimum standards for the proper care and maintenance both of
a kennel or cattery or a place of keeping of wild animals and of the
animals kept therein which are, at a minimum, consistent with applicable
state and federal standards. A copy of such standards shall be provided
in writing to the applicant with each initial application for or application
for renewal of permit.
The animal control manager shall notify each permit holder no
less than 90 calendar days in advance of any proposed change in the
standards and shall advise the permit holder that comments regarding
any change may be submitted to the director for review and consideration
within 30 calendar days of notification. No change in the standards
may be put in force without authorization of the director given at
least 30 calendar days in advance of the proposed effective date of
the change.
M.
Compliance
with Standards. Each applicant or permit holder must demonstrate that
the premises, facilities, cages, vivariums, aquariums and equipment
addressed in the permit comply with the standards on an ongoing basis.
Upon request of the animal control manager, and during normal business
hours or by a mutually agreed time for appointment, the applicant
or permit holder must make the premises, facilities, cages, vivariums,
aquariums and equipment available for inspection by the animal control
manager. Failure to allow visual inspection as required shall be deemed
failure to comply with the requirements of this chapter and shall
be considered cause for denial of application or revocation of the
permit.
N.
Failure
to Comply with Standards.
1.
If
the applicant or permit holder fails to meet the requirements set
in the standards, the animal control manager shall so notify the applicant
or permit holder in writing within three calendar days of discovery
of the failure to comply with the standards. The written notice shall
advise the applicant or permit holder of any existing deficiency and
the corrective measures that must be taken and completed to bring
the premises, facilities, cages vivariums, aquariums and equipment
into compliance with the standards.
2.
The
applicant or permit holder shall be given no more than 30 calendar
days and no less than 14 calendar days to complete the corrective
measures, except that if any deficiency threatens the health or welfare
of the animals kept or of the public, such corrective measures shall
be made immediately or no later than one day after the discovery of
the deficiency.
3.
Failure
to correct the noted deficiencies as required shall be deemed failure
to comply with the standards and shall be considered cause for denial
of application or for revocation of the permit and may be considered
cause for animal nuisance.
P.
Method
of Denial or Revocation.
1.
A
denial of an initial application for or application for renewal of
a permit or revocation of an existing permit made by the animal control
manager shall be in writing, with the reasons for denial or revocation
stated. Written notice of the denial or revocation, together with
a copy of the provisions of this section and the standards and any
other provisions of this chapter which are applicable to the permit,
shall be served either in person or by mail to the applicant or permit
holder.
2.
Denial
of an initial application for or application for renewal of a permit
or revocation of an existing permit shall prohibit operation of the
kennel or cattery or keeping of the wild animal at any location within
the unincorporated area of the county which is governed by this chapter.
3.
With respect to denial of an application for renewal of a permit or revocation of an existing permit, the immediately preceding permit shall be deemed to be in full force and effect for a period of 14 calendar days following the date of service upon the applicant or permit holder of the notice of denial or revocation. In the event the applicant files an appeal from the denial or revocation in the manner and within the time prescribed by subsection Q of this section, the immediately preceding permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.
Q.
Appeals.
1.
The
holder of a permit or applicant therefor may file an appeal from the
following:
2.
Any such appeal shall be in writing in the form of an affidavit, shall state the specific reasons therefor and grounds asserted for relief, shall be signed under penalty of perjury, and shall be filed with the animal control manager no later than 14 calendar days after the date of service of the notices prescribed by subsections H and P of this section, as may be applicable. If an appeal is not filed within the time or in the manner prescribed above, the right to review the denial, conditions, or revocation shall be deemed to have been waived.
|
Upon receipt of the appeal a hearing shall be set in accordance with the provisions of Section 7.04.300 of this chapter.
|
R.
Effect
of Revocation.
1.
The
revocation of a permit shall terminate the right of the holder of
the permit to engage in the enterprise or activity authorized by the
permit for a period specified in the order of the hearing officer.
2.
In
the event of revocation of a permit, no other person shall be entitled
to any rights or interests under the revoked permit, nor shall any
such person be entitled to issuance of a permit for the enterprise
except upon written application filed with the animal control officer
in accordance with the provisions of this chapter.
S.
Removal
of Animals. Upon revocation of the permit, the permit holder shall
have 14 calendar days in which to remove from the county or otherwise
dispose of the animal kept pursuant to the permit or to appeal the
decision of the hearing officer. Should the owner fail to take such
action, the animal control manager shall have the authority to seize
the animal in a manner provided by law and dispose of it in accordance
with the provisions of this chapter. A citation may be issued for
operating a kennel or cattery without a permit.
(Ord. 1675 § 2, 2002)
It is unlawful to operate a kennel, cattery, or possess a wild
animal within Merced County without a valid permit. Person or persons
found operating a kennel, cattery, or possessing a wild animal in
violation of this chapter shall be deemed guilty of a misdemeanor.
After a person or persons have been given written notification that
a violation of this chapter exists, each day the violation continues
is to be considered a separate offence.
(Ord. 1675 § 2, 2002)
A.
Purpose.
1.
The
purpose of this section is to regulate the keeping of animals excluding
dogs which are potentially dangerous or vicious or involve a threat
to the safety of people and other animals on streets, sidewalks, and
private property where the animals are not properly maintained as
such animals constitute a serious hazard within the unincorporated
area of the county. The increasing tendency to maintain animals which,
by virtue of breeding or training, have a propensity to attack others
compounds the hazard.
2.
Every
owner or custodian of an animal is held strictly accountable for the
exercise of such control over the animal as necessary to insure that
the animal does not injure innocent human beings or other animals
who are not on the premises where the animal is maintained. Such strict
accountability is imposed whether or not the injury results from the
negligence or fault of the owner, and regardless of the degree of
precaution or control exercised by the owner.
B.
Owner
Responsible.
1.
Any owner or custodian of any animal is deemed responsible for the acts committed by that animal when the owner or custodian has failed to comply with the legal requirements for the keeping of that animal as defined in this chapter. No person shall permit or suffer an animal to act in such a manner as constitutes dangerous or vicious behavior as defined in Section 7.04.010 of this chapter.
2.
A
violation of any of the provisions of this section is punishable as
follows:
a.
On a first offence, any animal owner who maintains an animal in such
a manner as to permit or suffer it to exhibit dangerous behavior shall
be guilty of an infraction.
b.
On the second and subsequent offence, any animal owner who maintains
any animal in such a manner as to permit or suffer it to exhibit vicious
behavior shall be guilty of a misdemeanor.
3.
Nothing
in this section shall prevent prosecution for violations of other
statutes or codes which may deal with other or more specific offenses,
including but not limited to, penal and civil statutes.
C.
Sale
Prohibited. No animal held in custody by the animal control manager
which is known to have exhibited dangerous or vicious behavior as
defined in this chapter shall be released for sale to any member of
the public, but rather shall be destroyed upon exhaustion of the required
period of impoundment unless legally reclaimed by the owner.
D.
Quarantine
or Impound. No animal which has been declared dangerous or vicious
or against which dangerous or vicious animal report has been filed
may be impounded or quarantined at any place other than the animal
control center unless authorized by the animal control manager.
E.
Filing
of Charges. Any person, including employees of animal control, possessing
personal knowledge of facts that there exists a dangerous or vicious
animal within the unincorporated area of the county or those incorporated
areas served by the animal control manager may file with the animal
control manager a written report, signed under the penalty of perjury,
which contains the following facts:
1.
A
description of the offending animal including, to the extent known,
the color, size, sex, breed and name of the animal, and the name and
address of the animal owner or custodian;
2.
An assertion that the animal described is a dangerous or vicious animal within the meaning of Section 7.04.010, together with a statement of the facts upon which the assertion was based, including the name and address of any person who has been victimized or injured, including a description of the extent of the injuries, the names and addresses of the witnesses thereto, the time, date, and location of the incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and
3.
The
name, residential and occupational addresses and telephone numbers
of the affiant.
F.
Timely
Filing. Unless otherwise provided, the filing of a dangerous or vicious
report must be made within 30 calendar days of the most recent event
or circumstances occasioning the report. Upon evidence that good cause
exists that a report could not be filed within the 30 calendar days,
the animal control manager may extend the deadline for filing the
report.
G.
Impoundment of Animal. Upon receipt by the animal control manager of an report filed in compliance with subsections E and F of this section, the animal control manager shall initiate an investigation of the incident or incidents described in the report for the purpose of verifying the facts stated and obtaining other information. If, after an investigation, the identified facts show the existence of a vicious animal within the meaning of Section 7.04.010 of this chapter, the animal control manager shall immediately locate and impound the annual which is the subject of the charges. If, or after an investigation, the animal control manager identifies facts which show the existence of a dangerous animal within the meaning of Section 7.04.010 of this chapter, he or she shall cause a dangerous animal hearing to be conducted.
H.
Notice
of Hearing.
1.
Not
later than 14 calendar days after the impoundment of a purportedly
vicious animal or, if the animal is not impounded but a determination
has been made to hold a hearing concerning a purported dangerous animal,
at such tune as is determined by the animal control manager, the animal
control manager shall mail to the residential address of the owner
of the animal and affiant the following:
a.
A written notice of the time, date and place of the hearing prescribed in Section 7.04.300 of this chapter, the date of the hearing to be scheduled not earlier than 14 calendar days following personal service or deposit in the United States mail of the notice;
c.
A copy of the provisions of this chapter.
2.
Conversely,
if, or after an investigation, the identified facts show that cause
to conduct a dangerous or vicious animal hearing has not been shown,
the animal control manager, shall so notify the animal owner in writing.
I.
Bond
Required.
1.
At
the discretion of the animal control manager, any animal impounded
or quarantined pursuant to the provisions of this chapter may be returned
to the custody of its owner pending the conduct of the dangerous or
vicious animal hearing and the rendering of a decision by the hearing
officer provided such return is determined to pose no threat to public
health and safety.
2.
The
owner, if authorized by the animal control manager, may gain custody
of the animal by posting a cash bond in the amount of $1,000 or such
greater amount as is justified in writing and approved by the director
as necessary to assure the return of the animal or by furnishing other
security upon review and approval by the county counsel, which bond
or other security shall be forfeited in the event the animal is not
delivered into the custody of the animal control manager if so ordered
in the decision rendered by the hearing officer.
J.
Registration. Any animal which has been declared by the hearing officer to be dangerous or vicious within the meaning of Section 7.04.010 shall be subject to special registration requirements as follows:
An owner of a dangerous or vicious animal is required to pay,
in addition to any licensing or permit fee, an annual special registration
fee (as applicable) which shall be valid and renewable concurrent
with the effective dates of the licensing of the animal. Late registration
is subject to a penalty fee equal to two times the annual registration
fee.
K.
Keeping
of a Dangerous or Vicious Animal. Except as otherwise provided in
the decision rendered by the hearing officer, the keeping of an animal
which has been declared dangerous or vicious shall, at the minimum,
be subject to the following provisions:
The animal must at all times, when not under restraint by leash
on public property, be securely confined in an enclosure under lock
within a lawful fence. Except as provided by Section 17121 of the
California Food and Agriculture Code, a "lawful fence" means any fence
which is good, strong, substantial and sufficient to prevent ingress
and egress of the animal. No fence is a lawful fence within the meaning
of this section unless it is a height of at least five feet, is securely
affixed at its base and maintained in good repair. The fence must
prevent the ingress or egress by a child and the gate must remain
locked.
The animal must, at all times when kept in any part of a house
or structure, be confined in such a manner that the animal cannot
exit such building on its own volition.
The animal must, at all times, be licensed and registered as
required by this chapter and must be kept in compliance with all the
regulatory provisions of this chapter in its entirety.
The animal owner must notify the animal control officer in writing
within three calendar days if the location of the animal is to be
permanently changed. An administration fee will be charged to modify
the issued permit.
The owner must allow the animal control officer to inspect the
property at such time as reasonable to insure the provisions ordered
by the hearing officer are being complied with. All costs associated
with these provisions or any other or additional provisions ordered
by the hearing officer shall be borne by the owner of the animal which
has been declared to be dangerous or vicious.
L.
Mitigating
Circumstances. In considering whether an animal is dangerous and/or
vicious the hearing officer may hear and consider evidence of any
of the following mitigating circumstances:
1.
That
the injury or damage complained of was sustained by a person who,
was committing a willful trespass or other tort upon premises occupied
by the owner of the animal, or was teasing, tormenting, abusing, or
assaulting the animal, or was committing or attempting to commit a
crime.
2.
That
the animal was protecting or defending a person within the immediate
vicinity of the animal from an unjustified attack or assault.
3.
That
the injury or damage complained of was sustained by a domestic animal
which at the time the injury or damage was teasing, tormenting, abusing,
or assaulting the animal which is the subject of the hearing.
4.
The
injury or damage complained of was to a domestic animal and was sustained
while the animal in question was working as a hunting dog, herding
dog, or predator control dog on the property of, or under the control
of, its owner and the damage or injury complained of was to a species
or type of domestic animal appropriate to the work of the dog.
M.
Right to Destroy. Nothing in this section shall be construed to prevent the animal control manager from destroying an animal which is in the act of dangerous or vicious behavior towards any person or other animal as set forth in Section 7.04.010, if such immediate destruction is reasonably necessary to protect public safety.
(Ord. 1675 § 2, 2002)
A.
The
director, any officer or employee thereof, or other duly designated
representative of the county, and any law enforcement officer shall
have the right to make an inspection to enforce the provisions of
this chapter or other applicable law by entering property to enforce
the provisions of this chapter or other applicable law; provided,
that:
1.
If
such building and/or property is occupied, he shall first present
proper credentials to the occupant and request entry, explaining his
reasons therefor; and if such building and/or property is unoccupied,
he shall first make a reasonable effort to locate the owner thereof
or other persons having authority over the building and/or property
and request entry, explaining his reasons therefor.
2.
If
such entry into the building or upon the property be refused, the
director, any officer or employee thereof, or other duly designated
representative of the county and any law enforcement officer may obtain
an inspection warrant pursuant to the provisions of the Code of Civil
Procedure (Sections 1822.50 through 1822.57), for the entry and inspection
of the building and/or the property. However, if the conditions of
Code of Civil Procedure Section 1822.50 cannot be satisfied and criminal
charges are implicated, animal control or the law enforcement officer
may seek a search warrant of said building and/or the property.
3.
Notwithstanding
the foregoing, if the director, any officer or employee thereof, or
other duly designated representative of the county, and any law enforcement
officer has reasonable cause to believe that the keeping or the maintaining
of any animal is so hazardous, unsafe or dangerous as to require immediate
inspection to safeguard the animal or the public health or safety,
he shall have the right to immediately enter and inspect such building
and/or property, and may use any reasonable means required to effect
such entry and make such inspection, whether such building and/or
property is occupied or unoccupied, and whether or not permission
to inspect has been obtained. If the building and/or property is occupied,
he shall first present proper credentials to the occupant and request
entry, explaining his reasons therefor.
B.
This
section shall not prohibit the director, any officer or employee thereof,
and any law enforcement officer from entering upon any public or private
property in the unincorporated territory of the county of Merced for
the purpose of capturing an animal running at large in violation of
this chapter or other applicable law. Any person who denies or prevents,
obstructs, or attempts to deny, prevent or obstruct said capture is
guilty of a misdemeanor.
(Ord. 1675 § 2, 2002)
A.
Purpose
of this Section. Within the county of Merced there are potentially
dangerous and vicious dogs that have become a serious and widespread
threat to the safety and welfare of citizens of the county which should
be abated. The provisions of this section set forth the procedures
by which a dog is found to be a poten-tially dangerous or a vicious
dog, thereby becoming subject to appropriate controls and other actions.
This section is intended to supplant any other remedy available under
state statute or county ordinance.
B.
Exemptions.
This chapter does not apply to humane society shelters, animal control
facilities or veterinarians or to dogs while utilized by any police
departments or any law enforcement officer in the performance of police
work.
C.
Right of Entry and Inspection. A duly authorized employee or agent of animal control or any law enforcement officer may enter and inspect private property in the manner set forth in Section 7.04.291.
D.
Circumstances
under which dogs may not be declared potentially dangerous or vicious:
1.
No
dog may be declared potentially dangerous or vicious if any injury
or damage is sustained by a person who, at the time the injury or
damage was sustained, was committing a willful trespass or other tort
upon premises occupied by the owner or keeper of the dog, or was teasing,
tormenting, abusing, or assaulting the dog, or was committing or attempting
to commit a crime. No dog may be declared potentially dangerous or
vicious if the dog was protecting or defending a person within the
immediate vicinity of the dog from an unjustified attack or assault.
No dog may be declared potentially dangerous or vicious if an injury
or damage was sustained by a domestic animal which at the time of
the injury or damage was sustained was teasing, tormenting, abusing,
or assaulting the dog.
2.
No
dog may be declared potentially dangerous or vicious if the injury
or damage to a domestic animal was sustained while the dog was working
as a hunting dog, herding dog, or predatory control dog on the property
of, or under the control of, its owner or keeper, and the damage or
injury was to a species or type of domestic animal appropriate to
the work of the dog.
E.
Authority
to Seize and Impound Animal Posing an Immediate Threat to Public Safety.
1.
If
upon investigation it is determined by the animal control officer
or law enforcement officer that probable cause exists to believe the
dog in question poses an immediate threat to public safety, then the
animal control officer or law enforcement officer may seize and impound
the dog pending the hearing to be held pursuant to this chapter. The
owner or custodian of the dog shall be liable for the costs and expenses
of keeping the dog impounded if the dog is later adjudicated potentially
dangerous or vicious. Such costs and expenses shall be paid prior
to the release of the dog.
2.
When
a dog has been impounded pursuant to subdivision (1) of this subsection
and it is not contrary to public safety, the director of animal control
or his designated representative shall permit the animal to be confined
at the owner's expense in a department-approved kennel or veterinary
facility.
F.
Potentially
Dangerous or Vicious Dog Hearing.
1.
If
an animal control officer or law enforcement officer has investigated
and determined that there exists probable cause to believe that a
dog is potentially dangerous or vicious, the director of the animal
control shall petition the superior court for a hearing for the purpose
of determining whether or not the dog in question should be declared
potentially dangerous or vicious.
2.
Petition.
a.
Whenever possible, a complaint received from a member of the public
which serves as the evidentiary basis for the animal control officer
or law enforcement officer to find probable cause shall be sworn to
and verified by the complainant and shall be attached to the petition.
b.
The director of animal control or his designee shall notify the owner
or the custodian of the dog that a hearing will be held by the superior
court, at which time he or she may present evidence as to why the
dog should not be declared potentially dangerous or vicious.
4.
Conduct
of Hearing.
a.
The hearing shall be heard no less than five working days nor more
than 10 working days after service of notice upon the owner or keeper
of the dog.
b.
The hearing shall be conducted as a limited civil case pursuant to
Code of Civil Procedure Section 85, et seq.
c.
The hearing shall be open to the public.
d.
The court may admit into evidence all relevant evidence; discovery,
and may shorten time to produce records and witnesses.
e.
A jury shall not be available.
f.
The court may find, based upon the preponderance of the evidence,
that the dog is potentially dangerous or vicious.
g.
The court shall make other orders required or authorized by this
chapter.
h.
The court may decide all issues for or against the owner or custodian
of the dog even if the owner or custodian fails to appear at the hearing.
G.
Determinations
and Orders—Notice—Compliance—Appeal—Finality
of Appeal.
1.
After
the hearing is conducted, the owner or keeper of the dog shall be
notified in writing of the determination and orders issued, either
personally or by first-class postage prepaid by the hearing entity.
2.
If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with subsection H of this section within 30 days after the date of determination or 35 days if notice of the determination is mailed to the owner or keeper of the dog.
3.
If
the petitioner or owner or keeper of the dog contests the determination,
he or she may, within five days of the receipt of the notice of determination,
appeal the decision of the court or hearing entity of original jurisdiction
to a court authorized to hear the appeal. The fee for filing an appeal
shall be $20, payable to the county clerk.
4.
The
appeal shall be to the superior court before a judge other than the
judge who originally heard the petition. The petitioner or owner or
keeper of the dog shall serve personally or by first-class mail, postage
prepaid, notice of appeal upon the other party.
5.
The
court hearing the appeal shall conduct a hearing de novo, without
a jury, and make its own determination as to potential danger and
viciousness and make other orders authorized by this chapter, based
upon evidence presented.
6.
The
hearing shall be conducted in the same manner and within five to 10
business days from the date of service.
7.
The
court may admit all relevant evidence, including incident reports
and the affidavits of witnesses, limit the scope of discovery, and
may shorten the time to produce records or witnesses.
8.
The
issue shall be decided upon the preponderance of the evidence.
9.
If
the court rules the dog to be potentially dangerous or vicious, the
court may establish a time schedule to ensure compliance in no case
more than 30 days subsequent to the date of the court's determination
or 35 days if the service of the judgment is by first class mail.
10.
The determination of the court hearing the appeal shall be final
and conclusive upon all parties.
H.
Disposition
of Potentially Dangerous or Vicious Dogs.
1.
Potentially
Dangerous Dogs.
a.
All potentially dangerous dogs shall be properly licensed, microchipped,
and vaccinated at the owner's expense, prior to the release to the
dog's owner or custodian. The licensing authority shall include the
potentially dangerous designation in the registration records of the
dog after the court has determined the potentially dangerous dog designation
applies to the dog. The yard or enclosure must be inspected and approved
in writing by animal control prior to release of the dog to its owner
or custodian.
b.
A potentially dangerous dog, while on the owner's property, shall,
at all times, be kept indoors, or in a securely fenced yard from which
the dog cannot escape, and into which children cannot trespass. A
potentially dangerous animal may be off the owner's premises only
if it is muzzled and restrained by a substantial leash, not exceeding
six feet in length, and if it is under the control of a responsible
adult who is capable of restraining and controlling the dog. At no
time may the dog be left unattended while off the owner's premises.
c.
If the dog in question dies, or is sold, transferred, or permanently
removed from the county where the owner or keeper resides, the owner
of the potentially dangerous dog shall notify animal control of the
changed condition and new location of the dog in writing within two
working days.
d.
The owner or custodian of the dog shall notify animal control within
one working day if the dog is at large or has committed an attack
on any person or animal.
e.
The dog must complete an obedience course and provide proof of completion
of such course to animal control within 60 days after the release
of the dog to its owner or custodian. The course will be paid for
by the owner or custodian of the dog. The course shall be a course
approved by animal control.
f.
The dog must be spayed or neutered at the expense of the owner prior
to the release of the dog to its owner or custodian.
g.
The dog may be required to wear a bright fluorescent yellow collar
visible at 50 feet in normal daylight, which will be provided by animal
control at the owner's expense.
h.
The owner or custodian of the dog may be required to maintain general
liability insurance covering property damage and bodily injury caused
by a potentially dangerous or vicious dog, with a combined single
limit of $300,000 per occurrence, and may be required to show proof
of such insurance within 30 days after the court has made its determination.
i.
All charges for services performed by animal control pursuant to
this section and all fines shall be paid prior to the release of the
dog to its owner or custodian. If the charges are not paid within
30 days after the date the services are performed or the fines are
ordered to be paid, the dog shall be deemed to be abandoned at animal
control.
j.
The owner of a dog which has been determined to be a potentially
dangerous dog shall pay a fine not to exceed $500 for each separate
basis upon which said determination was made. The fine shall be paid
to the department for the purpose of defraying the costs of the implementation
of this chapter.
k.
If there are no additional instances of the behavior described in
Food and Agricultural Code Section 31602 within a 36 month period
from the date of designation as a potentially dangerous dog, the dog
shall be removed from the list of potentially dangerous. The dog may,
but is not required to be, removed from the list of potentially dangerous
dogs prior to the expiration of the 36 month period if the owner or
keeper of the dog demonstrates to animal control that changes in circumstances
or measures taken by the owner or keeper, such as the training of
the dog, have mitigated the risk to the public safety.
l.
A judicial officer may impose other reasonable conditions as are
deemed necessary to protect the public safety and welfare.
|
The failure of an owner or custodian of a dog released after a hearing pursuant to subsection F of this section to comply with any of the conditions imposed by the court is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
|
2.
Vicious
Dog.
a.
Destruction—Nondestruction—Conditions—Enclosures.
i.
A dog determined to be a vicious dog may be destroyed by animal control
when it is found, after a hearing, that ownership or possession of
a dog by that person would create a significant threat to the public
health, safety, and welfare.
ii.
If it is determined that a dog found to be vicious shall not be destroyed, the court shall impose conditions upon the ownership or possession of the dog enumerated in subsection (H)(1) of this section. Additionally, the court shall impose any other conditions necessary to protect the public health, safety, and welfare.
iii.
The enclosure shall be an enclosure which is enclosed on all sides,
and which is locked by a padlock. It may be required to have a top
and a concrete floor. The enclosure must be approved in writing by
the department prior to the release of the dog to the owner or the
custodian.
iv.
The owner or custodian of a vicious dog must give written notice
of the vicious dog determination to the United States Post Office
(local branch) and all utility companies which provide services to
the premises where the dog is kept. The owner or custodian shall provide
a copy of such notice to animal control within 30 days after the court
determination that the dog is vicious.
v.
The owner or custodian shall post one or more signs on the premises
at a location or locations approved by animal control stating that
a dog which has been determined to be vicious resides on the premises.
vi.
The owner of a dog which has been determined to be a vicious dog
pursuant to this chapter shall pay a fine not to exceed $1,000 for
each separate basis upon which such determination was made. The fine
shall be paid to animal control for the purpose of defraying the cost
of the implementation of this chapter.
b.
The owner or custodian of a dog determined to be a vicious dog may
be prohibited from owning, possessing, controlling, or having custody
of any dog for a period of up to three years, when it is found that
ownership or possession of a dog by that person would create a significant
threat to the public health, safety, and welfare.
c.
The failure of an owner or custodian of a dog released after a hearing pursuant to subsection F of this section to comply with any of the conditions imposed by the court is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
(Ord. 1675 § 2, 2002)
A.
Purpose.
The purpose of this section shall be to create special procedures
to assure full access to administrative remedies in the application
or enforcement of this title and for the mediation of disputes involving
any animal governed by this chapter. Such procedures shall be administered
by the director and conducted by the hearing officer.
B.
Cause
for Hearing. Hearings may be held to determine the following:
1.
That
an animal is a dangerous animal within the meaning of this chapter;
2.
That
an animal is a vicious animal within the meaning of this chapter;
3.
That
a permit has been denied, issued conditionally, or revoked in accordance
with the provisions of this chapter;
4.
That
the decision of the hearing officer has been breached; or
5.
That
cause for an order no longer exists and the owner may be relieved
of the conditions imposed by the order.
A person shall be deemed to have shown cause for a hearing to be held when he or she complies with the applicable appeal, complaint or charge filing provisions specified in Sections 7.04.270 and 7.04.290 of this chapter.
As requested by the director, hearings may be held in order
to attempt mediation of other such matters as may arise from the keeping
of animals.
C.
Authority
of Hearing Officer, The hearing officer shall be authorized within
the scope of authority given by this title to the director, to conduct
hearings to resolve conflicts arising from the application and enforcement
of this title, to make binding determinations, and to mediate disputes
related to the keeping of animals pursuant to this title.
D.
Oaths
and Subpoenas. The hearing officer shall have the power to administer
oaths of affirmations. At the request of either the animal control
manager or the animal owner, the clerk of the board of supervisors
shall, on behalf of the board, issue subpoenas for attendance of witnesses
at the hearing.
E.
Hearing.
1.
Not later than 30 calendar days following the date of filing either an appeal as prescribed by Section 7.04.270(R) charges as prescribed in Sections 7.04.290(E) and 7.04.290(F) of this chapter, the hearing officer shall conduct a hearing to determine whether the requested action should be granted or denied. Written notice of the time, date, and place of the hearing shall be served upon the director, the affiant and the animal owner not later than 14 calendar days preceding the date of the hearing.
a.
During the hearing, the burden of proof shall rest with the plaintiff
and such proof shall be based upon a preponderance of the evidence.
The provisions of the California Administrative Procedure Act (commencing
at Section 11500 of the Government Code) shall not be applicable to
such hearing nor shall formal rules of evidence in civil or criminal
judicial proceedings be applicable. The affiant and the animal owner
may appear, present evidence, and examine and cross-examine witnesses.
b.
Absent extraordinary circumstances as determined by the hearing officer,
no animal may be presented as evidence or be present during the hearing.
c.
In the event the affiant or the animal owner fails to appear at the
time, date, and place appointed for the hearing, the hearing shall
be conducted in the absence of the affiant or animal owner and the
hearing officer shall render a decision based upon evidence presented
during the hearing.
d.
For the convenience of the hearing officer only, the hearing shall
be tape recorded and the tape recordings and all documents presented
as evidence shall be maintained for a period of three years as a part
of the record of hearing.
2.
Unless
otherwise agreed by the parties, within 14 calendar days of the conclusion
of the hearing, the hearing officer shall issue a written decision,
including but not limited to, findings of fact and conclusions relative
to the following:
3.
The
hearing officer shall make a disposition based upon consideration
of all of the facts and circumstances revealed by the evidence presented
in the hearing and may order either:
a.
That the animal control manager destroy the animal in question;
b.
That the animal control manager release the animal in question to
the owner subject to such conditions or special registration requirements
as may be specified in this chapter or required to ensure public safety
and animal welfare;
c.
That the animal control manager remove the animal in question for
disposition in accordance with the applicable provisions of this chapter;
d.
That the animal control manager release the animal in question to
the owner subject to payment of such fees and expenses as may be applicable
according to the provision of this chapter; or
e.
The animal control manager issue, deny, or revoke the subject permit.
4.
Unless
otherwise agreed by the parties, notice of the written decision, including
a copy thereof, shall be filed with the animal control manager and
shall be personally served upon or deposited in the United States
mail to the affiant and the animal owner not later than 21 calendar
days following the date on which the hearing was concluded.
5.
Failure
to comply with any procedural requirements or time limits of this
chapter shall not deprive the hearing officer of jurisdiction over
the issue or shall not vitiate any hearing conducted or order made
pursuant to this chapter unless such failure constitutes a denial
of due process of law.
F.
Finality
of Determination. The decision of the hearing officer shall be final
and there shall be no appeal to the board of supervisors. The appeal
shall be to the superior court before a judge. The petitioner or owner
or keeper of the dog shall serve personally or by first-class mail,
postage prepaid, notice of appeal upon the other party. The court
hearing the appeal shall conduct a hearing de novo, without a jury,
and make its own determination as to potential danger and viciousness
and make other orders authorized by this chapter, based upon evidence
presented. The determination of the court is final and there shall
be no further appeal.
G.
Disposition
of Animal. Except as otherwise provided, in the event that the hearing
officer orders destruction of an animal, the animal control manager
shall immediately impound or continue to impound the animal until
14 days following the date of personal service upon or deposit in
the United States mail of notice of the hearing officer's decision
to the owner. In the event that the animal control manager is personally
served with summons or other legal process in connection with a lawsuit,
which seeks review of the hearing officer's decision, the animal shall
not be destroyed and shall continue to be impounded at the owner's
expense while the lawsuit is pending.
H.
Release of Animal. No animal impounded pursuant to Section 7.04.290 shall be released to any person other than the owner of such animal. Should the owner fail to redeem the animal by the date specified in the decision of the hearing officer, unless for good cause as determined by the animal control manager, the animal shall be destroyed.
Notwithstanding any other provision in this chapter or a decision or order by the hearing officer to the contrary, the animal control manager shall not release an animal impounded pursuant to Section 7.04.290 to the owner absent compliance with the provisions relating to redemption prescribed by Section 7.04.190(D) of this chapter, including, but not limited to, the payment by the owner of all fees and charges for impoundment.
I.
Notification
of Change. At such time as an animal declared to be dangerous, vicious,
or a nuisance dies or the location where the animal is kept changes,
either through change of residence or of ownership, the person owning
the animal so declared must notify, in writing within five calendar
days, the animal control manager of the change. Such notification
must include the date of the animal's death and the place of burial
or disposal of the animal or the name and the residential and occupational
addresses and telephone numbers of the new owner and the new address
and telephone number where the animal is to be kept.
J.
Failure
to Comply. Failure of the owner to comply with the provisions of this
chapter or the order of the hearing officer is a misdemeanor.
K.
Breach of Conditions. Jurisdiction shall continue in the hearing officer to order the removal and destruction of any animal which has been declared dangerous, vicious, or a nuisance should any of the conditions imposed by the order of the hearing officer be breached. Such action shall be taken pursuant to a hearing initiated by the animal control manager and scheduled and conducted in accordance with the provisions of subsection E of this section except that once prima facie evidence of the breach of conditions has been established, the burden of proof shall be upon the owner to show cause as to why the animal should not be removed and destroyed.
L.
Relief.
If, after a period of two years from the date of the determination
of the hearing officer that the animal is dangerous, vicious, or a
nuisance, it can be demonstrated that the owner has complied with
the order of the hearing officer and that no further cause exists
for the order to stay in force, the owner may apply to the hearing
officer, in writing, for relief from the conditions for keeping or
the provisions for special registration of the animal. Upon investigation
by the animal control manager and concurrence by the hearing officer,
relief may be granted and the owner so notified in writing or a hearing
may be conducted to determine if cause for relief exists.
M.
The
cost of a hearing held pursuant to this section shall be the responsibility
of the animal's owner unless the hearing officer rules in favor of
the owner.
(Ord. 1675 § 2, 2002)
The maintenance of any animal in violation of any provision
of this chapter or any order of a hearing officer issued to this chapter
constitutes a public nuisance.
(Ord. 1675 § 2, 2002)
A.
1.
Notwithstanding the provisions of Chapter 1.28 of the Merced County Code and unless otherwise stated in this chapter, a violation of any of the regulatory requirements of Title 7, shall be punishable as follows:
a.
A first violation shall be an infraction subject to the procedures
described in Sections 19.6 and 19.7 of the California Penal Code;
and
b.
A second or subsequent violation shall be a misdemeanor.
2.
After
a person has been given written notification that a violation of this
chapter exists, each day the violation continues is to be considered
a separate offence.
B.
Every
violation of this chapter constituting an infraction is punishable
by:
1.
A
fine not exceeding $50 for a first violation;
2.
A
fine not exceeding $100 for a second violation of the same ordinance
provision; or
3.
A
fine not exceeding $250 for each additional violation of the same
ordinance provision. Every violation of this chapter constituting
a misdemeanor is punishable by a fine not in excess of $1,000 or by
imprisonment in the county jail for not more than six months or by
both.
C.
Due
to the severe pet overpopulation problem in Merced County and the
surrounding areas, violation of Section 7.04.190(F)(2)(c), failing
to spay or neuter an adopted animal constitutes a misdemeanor with
a mandatory fine of no less than $1,000 for each offense. This fine
is payable to the animal control department to offset the costs of
low cost spay and neuter programs, public education and enforcing
this provision.
D.
Assessment
of other penalties as prescribed herein not withstanding, violations
of this title may result in revocation of license or permit.
(Ord. 1675 § 2, 2002)
|
Administration
|
Amount
|
|---|---|
|
Billing fee—$5.00 minimum (does not apply to licensing
or permits)
|
15% of balance
|
|
Incidental fee for nonspecified animal control services
|
$25.00—100.00
|
|
Report copy fee
|
$10.00
|
|
Adoption
| |
|
Cat adoption fee (includes microchip identification, FVRCP,
rabies vaccination)
|
$15.00
|
|
Cat adoption surgical sterilization deposit
|
$60.00
|
|
Altered cat adoption fee (includes spay or neuter surgery, microchip
identification, FVRCP, rabies, pet carrier)
|
$75.00
|
|
Dog adoption fee (microchip identification, DHLPP, rabies vaccination)
|
$35.00
|
|
Dog adoption surgical sterilization deposit
|
$75.00
|
|
Altered dog adoption (includes spay/neuter, microchip identification,
DHPP, rabies)
|
$120.00
|
|
Large livestock adoption fee (includes, but is not limited to,
horses, donkeys, llamas, etc.)
|
$210.00
|
|
Small livestock adoption fee (includes, but is not limited to,
pigs, goats, sheep, etc.)
|
$50.00
|
|
Small animal adoption fee other than dog or cat
|
$10.00
|
|
Daily Care and Board
| |
|
Large livestock board per day (includes, but is not limited
to, horses, donkeys, llamas, etc.)
|
$8.00
|
|
Small livestock board per day (includes, but is not limited
to, pigs, goats, sheep, etc.)
|
$10.00
|
|
Small animal board per day (dog and cat)
|
$10.00
|
|
Small animal or reptile board per day (other than dog or cat)
|
$5.00
|
|
Animal care/board per day other facility (ranch, vet, kennel,
etc.)
|
Dept. cost
|
|
Biting Animals
| |
|
Home quarantine fee
|
$50.00
|
|
Non-vaccinated bit penalty fee
|
$150.00
|
|
Shelter isolation board per day
|
$20.00
|
|
Impound Fees/Penalties
| |
|
First impound civil penalty fee of unaltered dogs and cats as
set by statute
|
$35.00
|
|
Second impound civil penalty fee of unaltered dogs and cats
as set by statute
|
$50.00
|
|
Third impound civil penalty fee of unaltered dogs and cats as
set by statute
|
$100.00
|
|
Large animal impound (per animal)
|
$50.00
|
|
Livestock hauling with county trailer—weighted hourly
rate (WHR) per employee
|
$60.00 + WHR
|
|
Livestock hauling (professional service)
|
Dept. cost
|
|
Small animal first impound
|
$50.00
|
|
Small animal second impound or any additional impound within
12-month period
|
$100.00
|
|
Small animal impound discount (only applies if animal is spayed
or neutered) applies to first impound of a dog or cat only. Owner
must provide proof of eligibility at time of redemption
|
$25.00
|
|
Owner Surrendered Animals
| |
|
Release of impounded large livestock to shelter (includes, but
is not limited to, horses, donkeys, llamas, etc.)
|
$150.00
|
|
Release of impounded small livestock to shelter (includes, but
is not limited to, pigs, goats, sheep, etc.)
|
$75.00
|
|
Release of owned small animals to shelter such as rabbits, birds,
reptiles, etc. (per animal)
|
$25.00
|
|
Release of owned dog or cat to shelter (per animal)
|
$75.00
|
|
Release of owned litter to shelter—two months old or less
per litter
|
$100.00
|
|
Pick up of owner released animal or litter in the field (includes
release fee and one hour at officer WHR)
|
$128.00
|
|
Animal Euthanasia and Disposal
| |
|
Livestock euthanasia (for livestock such as horses, donkeys,
llamas, etc. Does not include disposal fee)
|
Dept. cost
|
|
Livestock disposal fee
|
Dept. cost
|
|
Small animal euthanasia
|
$75.00
|
|
Pick up owned dead animal on private property (dog or cat only
includes disposal fee and one hour at officer WHR)
|
$68.00
|
|
Small animal disposal fee at the animal shelter (deceased animals
other than livestock)
|
$15.00
|
|
Tranquilizing owned animal
|
$30.00 + vet bill
|
|
Unfounded after hours emergency call out
|
WHR
|
|
Veterinarian/Medical Services
| |
|
DHLPP/FVRCP/bortadella vaccination (dog or cat)
|
$10.00
|
|
Microchip
|
$15.00
|
|
Prescribed medication (cost of medication or $15.00 minimum
dispensing cost)
|
Dept. cost
|
|
Rabies vaccination at shelter (impounded animals)
|
$10.00
|
|
Veterinarian services—other than county veterinarian (includes
vaccinations, medical services, evaluations, etc.)
|
Dept. cost
|
|
Special event/clinic package (includes microchip, rabies shot,
DHP or FVRCP vaccination)
|
$25.00
|
|
Shelter veterinarian service fee (1/2 hr. minimum WHR) + materials
and supplies
|
WHR + dept. cost
|
|
Spay fee, female dog (other than adoption)
|
$150.00
|
|
Neuter fee, male dog (other than adoption)
|
$75.00
|
|
Spay fee female cat (other than adoption)
|
$45.00
|
|
Neuter fee male cat (other than adoption)
|
$25.00
|
|
Annual License/Permits
| |
|
One-year unaltered license
|
$50.00
|
|
One-year spay/neuter license
|
$8.00
|
|
Two-year spay/neuter license
|
$16.00
|
|
Three-year spay/neuter license
|
$20.00
|
|
Senior discount one-year unaltered license
|
$25.00
|
|
Senior discount one-year spay/neuter license
|
$4.00
|
|
Senior discount two-year spay/neuter license
|
$8.00
|
|
Senior discount three-year spay/neuter license
|
$10.00
|
|
Delinquent dog license penalty fee
|
$20.00
|
|
Replacement dog tag fee
|
$3.00
|
|
Senior license delinquent penalty fee
|
$10.00
|
|
Veterinary license sales compensation per license issued
|
$1.00
|
|
Kennel permit (initial application, inspection and permit)
|
$250.00
|
|
Annual kennel permit renewal
|
$150.00
|
|
Dangerous permit (initial application, inspection and permit)
|
$300.00
|
|
Dangerous permit annual fee (any animal or dog) + license if
required
|
$200.00
|
|
Vicious permit (initial application, inspection and permit)
|
$400.00
|
|
Vicious permit annual fee (any animal or dog) + license if required
|
$300.00
|
|
Delinquent permit penalty
|
2 X permit
|
(Ord. 1864 § 2, 2009; Ord. 2006, § 1, 2021)
