It is unlawful for the owner of any animal to violate any of the provisions of this chapter hereinbefore or hereinafter set out, or to commit any of the following acts:
A. 
To allow any animal to run at large;
B. 
To allow any animal to trespass upon public property or upon any private property without the consent of the owner of the property;
C. 
If unauthorized, to remove from any dog any collar or harness or other device to which a license tag is attached, for the current year, or to remove such license tag therefrom;
D. 
To attach to, or keep upon, or cause or permit to be attached to or kept upon any dog any license tag provided by this chapter, except a tag issued for such dog under the provisions of this chapter, or to attach to or keep upon, or cause or permit to be attached to or kept upon any dog, or to make or to cause or permit to be made, or to have in possession, any counterfeit or imitation of any tag provided for by this chapter;
E. 
To possess any unlicensed dog in the county, or to maintain, conduct or operate, or to cause or permit to be maintained or operated in the county, any unlicensed dog kennel;
F. 
To interfere with, oppose or resist the director of animal services or any animal control officer while he or she is engaged in the performance of any act authorized by this chapter;
G. 
To allow any female dog to run at large while in heat or breeding condition or to allow such female to remain accessible to other dogs running at large while said female is in heat or breeding condition;
H. 
To permit any dog to trespass on any farm where livestock or domestic fowl are kept;
I. 
To abandon any animal in Placer County;
J. 
To possess any dog over four months of age which does not have a current vaccination for rabies as evidenced by an official certificate thereof, except as otherwise provided in this chapter;
K. 
To allow any animal to go without adequate food, water, shelter or proper care;
L. 
To allow any dog known to be potentially dangerous or vicious to run at large upon any street or other public place within the county;
M. 
Failure of an owner of a dog to comply with the conditions and obligations of ownership of a potentially dangerous or vicious dog as set forth above and below, and as deemed necessary by the hearing officer, may result in the imposition of penalties consistent with Section 31662 of the Food and Agricultural Code and any other penalties or fines consistent with federal, state or this county's code.
(Ord. 5653-B § 12, 2011)
A. 
It is unlawful for any person to own, possess, harbor, control, or keep on any premises any dog that barks or howls so continuously or incessantly as to unreasonably disturb the peace and tranquility of the neighborhood. Commercial dog kennels, permitted by zoning law where located, are subject to dog barking nuisance laws as well as other applicable county codes. Working dogs who bark while actively herding or participating in standard farming practices, as determined by the agricultural commissioner, shall be exempt from this section. Animal services is responsible for enforcement of the provisions of this section.
B. 
For purposes of this section, evidence that the dog has barked or howled for an aggregate period of 20 minutes out of one hour shall be sufficient for conviction. If the first nuisance barking or howling complaint is determined to be provoked by any other animal or nearby pedestrian(s), it may be excluded from the aggregate time if the owner: (1) provides documentation that the provocation exists and cannot be avoided; and (2) takes remedial steps to change the environment of the dog(s) and abate the nuisance within a six-month period from the date of the complaint.
C. 
For purposes of this section, evidence that two or more dogs are provoking each other to bark, shall be sufficient for conviction under this section, so long as the barking continues for an aggregate 20 minutes out of one hour, regardless of which dog commenced the barking. In such instance, owners of each dog involved shall be subject to citation.
Proof that any individual dog barked for an aggregate 20 minutes out of an hour shall not be required if it is shown that the barking of the two or more dogs was continuous sequentially or in concert for a 20 minute period.
D. 
Upon receipt of any complaint based on continuous or incessant barking or howling, an animal control officer shall investigate and take a report from any complaining witness.
E. 
Upon evaluation of the report, if in the opinion of the animal control officer a valid complaint exists, the officer shall contact the owner of the animal complained about and advise the owner of the existence of the complaint, and instruct the owner to abate the nuisance.
F. 
If a second complaint is received within a six-month period after the giving of such notice and warning regarding a dog barking or howling incessantly and continuously, the animal control officer shall investigate the second complaint and take a report from any complaining witness.
G. 
Upon evaluation of the report, if in the opinion of the animal control officer the dog is creating a nuisance by barking or howling incessantly or continuously, the animal control officer shall issue a citation to the owner of said animal for a violation of this section. Such violation shall be an infraction. Personal appearance before the court shall be mandatory. Forfeiture of bail shall not constitute a resolution of a violation of this section.
H. 
If the animal control officer receives a third complaint regarding the same animal within one year from the first complaint, the officer shall repeat the process set forth in subsections F and G of this section.
I. 
If the owner of the dog at the time of the issuance of any citation has been convicted of a violation of this section, or has pled no contest to such violation, on two or more occasions within 12 months from the time of the issuance regarding the same dog, the violation(s) of this section shall be a misdemeanor.
J. 
If the animal control officer receives a complaint after one year or more has elapsed since the most recent prior complaint, the officer shall issue a warning and continue pursuant to subsections D through H of this section.
K. 
The penalty for conviction of an infraction based on this section shall be a fine of $100.
L. 
The penalty for conviction of a misdemeanor based on this section shall be a maximum of six months in jail and/or a fine of $500, and shall be applied to each subsequent conviction occurring within two years of the previous resolution. Upon conviction, the owner shall be required to either remove the dog from the premises or comply with such other restrictions as deemed necessary by the director of animal services.
M. 
Nothing in this section shall be construed to prevent any party from bringing a civil action to abate the nuisance.
(Ord. 5653-B § 12, 2011)
A. 
Purpose. California Food and Agricultural Code Section 31621 authorizes the establishment of an administrative hearing procedure to hear and dispose of petitions filed to determine whether or not a dog should be declared potentially dangerous or vicious. The provisions of this section set forth the procedures by which a dog can be found to be a potentially dangerous dog or a vicious dog, thereby becoming subject to appropriate controls and other actions. This section is intended to supplement rather than supplant any other remedy available under state statute or county ordinance.
B. 
Definitions. For purposes of this section and in addition to those definitions set forth in Section 6.04.020, the following definitions shall apply:
"Potentially dangerous dog"
means any of the following:
a. 
Any dog, which, when unprovoked, on two separate occasions engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog;
b. 
Any dog, which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604 of the Food and Agricultural Code;
c. 
Any dog, which, when unprovoked, has killed, seriously bitten, inflicted injury or otherwise caused injury by attacking an animal off the property of the owner or of the dog.
"Vicious dog"
means any of the following:
a. 
Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner under subdivision (a) of Section 597.5 of the Penal Code;
b. 
Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;
c. 
Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner has been notified of this order, continues the behavior described in subsection (B)(1) of this section or is maintained in violation of Section 31641, 31642 or 31643 of the California Food and Agricultural Code.
"Severe injury"
means any physical injury to a human or animal that was directly caused by a dog attack that results in muscle tear(s), puncture(s), dislocation(s), broken bone(s) or disfiguring laceration(s) or which requires the suturing of a wound, corrective or cosmetic surgery and hospitalization for any of the aforementioned conditions as defined under Section 31604 of the California Food and Agricultural Code.
"Defensive action"
means moving in such a way as to protect one's self or others from bodily harm as a reasonable person would perceive necessary to do so.
C. 
Exemption. This section does not apply to any dog owned by any government agency which is used in the performance of law enforcement duties and any circumstances under which dogs may not be declared potentially dangerous or vicious as defined within Section 31626 of the Food and Agricultural Code.
(Ord. 5653-B § 12, 2011)
If the director of animal services has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious as defined by this section, the director or designee shall prepare a petition and notice of a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. If the director determines that there is probable cause to believe that the animal poses an immediate threat to public safety then the dog may be impounded and held pursuant to Food and Agricultural Code Section 31625.
A. 
Petition. The director or designee shall prepare a petition summarizing his or her investigation, and specifying the basis as to why there is probable cause to believe that the dog is potentially dangerous or vicious, and shall include a statement of the evidence that supports such conclusion.
B. 
Notice.
1. 
The director or designee shall provide written notice to the owner of the dog of the specific behavior of the dog alleged in the petition, the date, time and place when a hearing will be held to consider the petition, the consequences of failing to appear and of a finding of potentially dangerous or vicious. A copy of the petition shall be provided to the owner at the time that notice is served.
2. 
Notice pursuant to this section shall be personally served on the owner or by first-class mail. When the owner's whereabouts cannot be ascertained or his or her address is unknown, notice of the hearing shall be given by publication in a newspaper of general circulation. Notice shall then be deemed given on publication of the notice.
C. 
Hearing.
1. 
A hearing conducted pursuant to this section shall be held within no less than five working days, nor more than 15 working days after service of notice upon the owner of the dog.
2. 
The hearing shall be open to the public.
3. 
The hearing shall be conducted by a hearing officer designated by the director of the department of health and human services, or designee.
4. 
The hearing officer shall not be bound by strict adherence to the formal rules of evidence, including, but not limited to, sworn testimony, sworn affidavits of witnesses and incident reports, circumstances of mitigation and the record of any prior violations of this section by the owner. At such hearing, the owner shall have the right to testify, to be represented by counsel, to present witnesses on his or her own behalf, to cross-examine all other witnesses, and present relevant oral and written documents and relevant evidence on the issue.
5. 
All witnesses shall testify under oath or affirmation. The oath shall be administered by the hearing officer. The hearing officer may, when appropriate, request the production of oral or documentary evidence which is reasonably necessary and relevant to conduct the hearing. All proceedings shall be electronically or digitally recorded.
6. 
The hearing may be continued if the hearing officer deems it necessary and proper or upon a showing of good cause.
7. 
If the owner fails to appear at the hearing, the owner shall be deemed to have waived his or her right to present evidence or testify and the hearing officer may nevertheless proceed with the hearing or elect to take the matter under submission based on the evidence submitted at the hearing in order to render a decision and order.
D. 
Written Order after Hearing.
1. 
The hearing officer shall issue a written order summarizing and based upon whether, by a preponderance of the evidence presented at the hearing, the dog is determined to be potentially dangerous or vicious within 15 calendar days of the hearing.
2. 
Service of the order and any order issued shall be made upon the owner of the dog pursuant to subsection (B)(2).
3. 
The order shall require the following:
a. 
If a dog is found to be potentially dangerous or vicious by a preponderance of the evidence, the dog shall be so designated on the records of animal services. Such a designation shall be considered if there are future incidents triggering an investigation under this section involving the dog.
b. 
Ownership of a dog found to be potentially dangerous is subject to those conditions set forth in Section 6.08.050(A) through (D).
c. 
A dog determined to be a vicious dog shall be destroyed by the department when it is found, by a preponderance of the evidence after the hearing conducted pursuant to this section, that the release of the dog would create a significant threat to the public health, safety and welfare. If the dog is not ordered to be destroyed, then vicious dog ownership conditions found in Section 6.08.050(E) shall apply.
4. 
The order of the hearing officer shall be final with no further administrative appeal. The order of the hearing officer may be appealed to the Superior Court.
(Ord. 5653-B § 12, 2011)
A. 
The owner of a dog that has been determined to be potentially dangerous or vicious shall, in addition to the regular licensing, register the dog with animal services as "potentially dangerous" or "vicious." The owner is required to pay all applicable fees, including costs attributed to the administrative process described in this section. This obligation shall be completed within 30 days of the issuance of the order.
B. 
All charges for services performed by the department pursuant to this section and all fines shall be paid prior to the release of the dog to its owner. If said charges and fines are not paid within 30 days after the date the services are performed or the fines are ordered to be paid, the dog (if held by the department) shall be deemed to be abandoned to the department.
C. 
Within 30 days of the order that the dog is potentially dangerous or vicious, or prior to release of the dog, if the dog has been impounded under this section, the owner of the dog shall, at the owner's sole expense, complete the following and deliver proof of the same to animal services:
1. 
Have the dog spayed or neutered, and have the dog microchipped;
2. 
Provide an enclosure, meaning a fence or structure suitable to prevent the entry of young children, and that is approved by the director of animal services to confine a potentially dangerous or a vicious dog. The enclosure shall be designed to prevent the dog from escaping and shall afford the dog with an adequate exercise area and shelter from the elements as well as provide the dog with food and water;
3. 
Notify all contiguous property owners that the dog at the premises has been determined to be potentially dangerous or vicious within seven calendar days of such order. Proof of such notice shall be provided to the department upon request;
4. 
The dog must complete an obedience course with its owner, at the owner's expense, within 60 days after release of the dog to its owner or the date of the order. The course shall be a course approved by the department. The owner shall submit proof of completion of such course within 70 days after release of the dog to its owner or the date of the order;
5. 
The dog shall be maintained under the immediate control of a responsible adult by a substantial leash appropriate for the size of dog and no more than six feet in length when off of the property of the owner. Such adult shall not supervise any other animal when handling such dog off of that dog's property;
6. 
The dog shall wear a muzzle of a type specified by the director of animal services at any time that it is off of its owner's property;
7. 
The owner of the dog shall notify the department immediately in the event the dog is at large, or has committed an attack on any person or animal, has been sold or otherwise disposed of, or has died;
8. 
The dog shall be required to wear a collar visible at 50 feet in normal daylight that will be provided by the department at the owner's expense.
D. 
Other conditions of ownership of a potentially dangerous dog that may be imposed by the hearing officer:
1. 
The owner 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 order;
2. 
The hearing officer may impose such other reasonable conditions as are deemed necessary to protect the public safety and welfare.
E. 
If a dog is determined to be vicious and is not euthanized, all of the conditions of ownership described in subsections A through D shall apply and, in addition, the following conditions apply:
1. 
The owner of a vicious dog must give written notice of the vicious dog order 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 shall provide a copy of such notice to the department within 30 days after the court order that the dog is vicious.
2. 
The owner of the dog shall post one or more signs on the premises at a location(s) approved by the department stating that a dog which has been determined to be vicious resides on the premises.
3. 
The owner of a dog determined to be a vicious dog may be prohibited from owning, possessing, controlling, or having custody of any other dog for a period of up to three years, if it is found at the hearing conducted pursuant to this section, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare (see Section 31646 of the Food and Agricultural Code).
F. 
Removal of a dog from the list of potentially dangerous dogs can be done in conformance with Section 31644 of the Food and Agricultural Code, a dog that is deemed vicious shall be designated as such for the lifetime of that dog.
G. 
Transfer of the ownership of a dog deemed potentially dangerous or vicious can only be done if written permission has been granted by the director of animal services, or designee.
H. 
Any owner who relocates a dog to the county from another jurisdiction in which it has been designated as potentially dangerous or vicious must register the dog with animal services as "potentially dangerous" or "vicious." The owner is required to pay all applicable fees. This obligation shall be completed within 30 days of relocation.
(Ord. 5653-B § 12, 2011)
If any animal acts in such a way that it could be found to be potentially dangerous or vicious, animal services may prosecute an owner of such animal under this article, or provisions of state law that apply to such animal.
(Ord. 5653-B § 12, 2011)
A. 
Any person owning or having under his or her control a dead animal, which shall mean the body of any dead horse, mule, cow, ox, bull, or other animal that weighs 50 pounds or more at the time of death, shall dispose of such dead animal within twenty-four(24) hours in a manner appropriate for the size and species.
B. 
This section shall not apply to any animal killed for purposes of consumption provided that the remains of such dead animal are processed in such a manner as to prevent such dead animal from spoiling.
C. 
In addition to any other penalty herein, the county shall be entitled to dispose of any dead animal improperly disposed of this chapter if such animal remains unburied for a period in excess of 24 hours. Such costs of removal and disposal shall be a lien and charge against the owner and person in control of such animal immediately prior to its death. The county shall attempt to contact the owner of such dead animal prior to disposing of same.
(Ord. 5653-B § 12, 2011)