The board of supervisors of the county of Contra Costa, an agency of the state of California within the meaning of Government Code Section 50022.1, has adopted county ordinances Nos. 80-97, 83-10, 85-23, 87-74, 2005-24, 2006-05, 2011-08, 2011-09, 2016-02, 2017-12 and 2018-13 being a codification of provisions for animal control services (and constituting Chapters 416-2 to 416-12 of Division 416 of the County Ordinance Code), and it is a code within the meaning of Government Code Section 50022.2; and certified copies of it are and have been on file with the city clerk where they are open to public inspections, all as required by Government Code Section 50022.3. This animal control code is referred to and adopted by this reference as part of this chapter, as provided for in Government Code Section 50022.2.
(Ord. 421 § 2, 1988; Ord. 591 § 6 (Exh. A), 1997; Ord. 914 § 3, 2013; Ord. 1003 § 1, 2018)
A. 
Pursuant to Food and Agriculture Code Section 31401, violations of Division 416 of the Contra Costa County Code, excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second or subsequent offense.
B. 
Notwithstanding subsection A above, violation of Section 416-4.404 Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such.
C. 
Violation of Chapter 416-10, Rabies Control, except for the provisions of Section 416-10.010(b), is a misdemeanor. Except as otherwise provided by state law, every misdemeanor violation is punishable, upon conviction thereof, by imprisonment in the County Jail for not over six months and/or by a fine of not over one thousand dollars. (See Government Code Section 36901; Penal Code Section 19.) Violation of Section 416-10.010(b) is subject to subsection A above.
D. 
The department may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of Section 416-12.202, Animal Noise, based on either or both of the following:
1. 
An observation of the violation by a department employee.
2. 
A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal.
E. 
Violation of Article 416-12.2, Nuisance, is an infraction. Except as otherwise provided by statute, every infraction violation is punishable, upon conviction thereof, by:
1. 
A fine not exceeding one hundred dollars for a first violation;
2. 
A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;
3. 
A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. (See Government Code Section 25132(b).)
F. 
It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of the Contra Costa County Code, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animals seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years.
G. 
Prohibited Dog Ownership by Convicted Felons.
1. 
Any person who has been convicted of a felony under the laws of the United States, of the state of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public's health, safety or welfare if that dog is misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Section 416-12.438 of the Contra Costa County Code. A convicted felon under Article 416-12.4 of the Contra Costa County Code shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. "Misuse" by a convicted felon means use of a dog in a threatening or aggressive manner, or in the commission of a crime.
2. 
Any dog whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner's expense.
3. 
"A dog that poses a danger to the public's health, safety or welfare if that dog is misused by a convicted felon" under this section means any of the following:
a. 
A dog weighing more than twenty pounds;
b. 
A dog that has been designated a potentially dangerous or dangerous animal under Sections 416-12.402 and 416-12.404 of the Contra Costa County Code;
c. 
A dog designated by the animal services director as posing a danger to the public's health, safety or welfare if that dog is misused by a convicted felon based upon the following factors:
i. 
The nature of any complaints regarding the dog,
ii. 
The strength of the dog, including jaw strength,
iii. 
The dog's tolerance for pain,
iv. 
The dog's tendency to refuse to terminate an attack,
v. 
The dog's potential propensity to bite humans or other domestic animals,
vi. 
The dog's potential for unpredictable behavior,
vii. 
The dog's aggressiveness,
viii. 
The likelihood that a bite by the dog will result in serious injury.
This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability.
(Ord. 421 § 3, 1988; Ord. 591 § 6 (Exh. A), 1997; Ord. 914 § 4, 2013; Ord. 1003 § 1, 2018)
This section sets forth Article 416-4.8 of the Contra Costa County Code, as adopted by Contra Costa County Ord. No. 2017-12, and provides for administrative penalties that the county animal services department may impose, enforce, and collect to address any violation of Division 416 as adopted by the city of Brentwood.[1]
[1]
Editor's Note: Article 416-4.8 of the Contra Costa County Code is included as an attachment to this title.
The county ordinance referred to and adopted by this chapter contains the provisions of those sections of the California Food and Agricultural Code referred to in Section 30501, and therefore this chapter constitutes the city's request that the provisions of this county ordinance be applicable within this city, and they shall hereafter so apply, pursuant to Food and Agricultural Code Section 30501.
(Ord. 421 § 4, 1988; Ord. 591 § 6 (Exh. A), 1997; Ord. 1003 § 1, 2018)