a. There
is established a Department of Animal Care Services. The Department
of Animal Care Services shall be responsible for the regulation of,
and the enforcement of, laws dealing with animals existing within
the unincorporated territory of the County and incorporated areas
thereof which may, from time to time, contract with the County for
such services.
b. There
is established within the Department of Animal Care Services the position
of Director of Animal Care Services. The Director of Animal Care Services
shall be head of the Department of Animal Care Services and in that
capacity shall, subject to the control and direction of the County
Executive or his designee, carry out the duties and responsibilities
of the Department of Animal Care Services and shall supervise and
direct the work of the staff assigned to the Department.
c. The
Director of Animal Care Services shall be appointed by the County
Executive subject to approval by the Board of Supervisors. The Director
of Animal Care Services shall be subject to removal by the County
Executive.
d. Any
reference in this or any other County ordinance to "Animal Control,"
"Animal Control Division" or "Department of Animal Control" shall
be considered a reference to the "Department of Animal Care Services."
Any reference in this or any other County ordinance to "Chief of Animal
Control" or "Director of Animal Control" shall be considered a reference
to the "Director of Animal Care Services."
(SCC 0877 § 1, 1992; SCC
0999 § 1, 1995; SCC 1706 § 3,
2022)
When used in this title, the words defined in this chapter shall
have the meanings prescribed in this chapter.
(Ord. 1053 § 1, 1969; SCC 304 § 1, 1977; SCC 0815
§ 2, 1990)
"Animal" means any members of the kingdom Animalia exclusive
of homo sapiens.
(Ord. 1053 § 2, 1969; SCC 0815 § 2, 1990)
"Animal Control," "Animal Control Division," "Department of
Animal Control" or "Department of Animal Care Services" means the
Department of Animal Care Services which is established as the regulatory
agency for rabies and control of animals in the County.
(Ord. 1053 § 3, 1969; SCC 0815 § 2, 1990; SCC 0877
§ 2, 1992; SCC 0895 § 9, 1992; SCC 0999 § 2, 1995; SCC 1706
§ 4, 2022)
"Animal Control Center" or "Animal Shelter" means the facilities
provided by the County for the impoundment, relinquishment, quarantine,
and adoption or sale of animals.
(Ord. 1053 § 4, 1969; SCC 304 § 2, 1977; SCC 0815
§ 2, 1990; SCC 0999 § 3, 1995)
"Animal facility" means any establishment operated pursuant
to a General Business License for profit, exclusive of a licensed
veterinary medical facility, in or at which five or more dogs four
months of age or older or five or more cats six months of age or older
are kept, harbored, or maintained.
(Ord. 1053 § 5, 1969; SCC 0815 § 2, 1990; SCC 0895
§ 1, 1992; SCC 0892 § 2, 1992)
"At large" means an animal off the premises of its owner and
either: (a) not under the control and in the immediate presence of
the owner; or (b) if a dog or a cat, not under physical restraint.
(Ord. 1053 § 7, 1969; SCC 304 § 4, 1977; SCC 0815
§ 2, 1990)
"Cattery" 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.
(Ord. 1053 § 8, 1969; SCC 0815 § 2, 1990; SCC 0895
§ 2, 1992; SCC 0892 § 4, 1992)
"Commercial establishment" means a place where commodities are
exchanged, bought or sold, including but not limited to pet stores
or other commercial businesses selling animals.
(SCC 1356 § 2, 2007)
"Department" means the Sacramento County Department of Animal
Care Services.
(SCC 1356 § 3, 2007; SCC
1706 § 5, 2022)
"Director," "Director of Animal Care Services," or "Chief of
Animal Care Services" means the administrative head of the County
Department of Animal Care Services and his or her duly authorized
deputies.
(Ord. 1053 § 13, 1969; SCC 0815 § 2, 1990; SCC 1356
§ 4, 2007; SCC 1706 § 6, 2022)
"Domestic animal" means dogs and cats, except as limited in Section
8.04.280 herein, 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.
(Ord. 1053 § 14, 1969; SCC 531 § 1, 1983; SCC 0815
§ 2, 1990)
"Farm" means any land zoned AR10, AG20, AG40, AG 80, or AG160
and used for agriculture purposes.
(SCC 0958 § 1, 1994)
"Farm cat" means any cat residing on a farm or ranch as defined herein whose presence is for the purpose of rodent control on such farm or ranch as identified under Sections
8.04.144 and
8.04.235 and whose ownership cannot be determined based on the definition contained in Section 8.40.220 of this title.
(SCC 0958 § 2, 1994)
Except as modified by section
8.04.153, "feral animal" 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 and is existing in a wild state without benefit of domestication.
(SCC 509 § 1, 1982; SCC
0815 § 2, 1990; SCC 1356 § 5,
2007)
"Feral cat" means a cat which is known to live in a wild or
semi-wild state without benefit of an owner or a cat which has escaped
for a substantial period of time from the care of its owner and is
existing in a wild state without benefit of domestication.
(SCC 1356 § 6, 2007)
"Health Department" means the Health Department of the County
of Sacramento.
(SCC 0815 § 2, 1990)
"Health Officer" means the Director of the Health Department
of the County of Sacramento 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.
(SCC 0815 § 2, 1990)
For the purposes of this title, "hearing" means the process prescribed in Chapter
8.36 herein for the redress of issues relating to or arising from the enforcement of this title including, but not limited to, dangerous and vicious animals, animal nuisances, permits, or such other administrative matters as pertain to the application of this title.
(SCC 0815 § 2, 1990)
"Hearing Officer" means the person appointed by the Director
to preside at and render judgments from hearings transacted under
the authority of this title. The person may be an employee of the
County who is not assigned to Animal Control or otherwise subordinate
to the Chief 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.
(SCC 0815 § 2, 1990)
"Impoundment" means the taking up and confining of an animal
by the Chief of Animal Control in accordance with the provisions of
this title or other applicable law or regulation.
(SCC 0815 § 2, 1990)
"Kennel" 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.
(SCC 0815 § 2, 1990; SCC
0895 § 3, 1992; SCC 0892 § 8,
1992)
"Kennel/cattery" means a kennel or a cattery or a kennel and
a cattery.
(SCC 0815 § 2, 1990; SCC
0882 § 9, 1992; SCC 0895 § 4,
1992)
"Owner" means the primary or responsible person who: (1) possesses,
has title to, an interest in, harbors, controls or has custody of
an animal; and (2) feeds or otherwise provides care or sustenance
to the animal for 30 consecutive days or more on property located
within the unincorporated territory of the County.
(SCC 0815 § 2, 1990; SCC
0958 § 3, 1994; SCC 1356 § 7,
2007)
"Person" means fictional entities such as corporations, estates,
associations, partnerships and trusts, as well as one or more individual
human beings or responsible members of a familial household.
(SCC 0815 § 2, 1990)
"Ranch" means any land zoned AR10, AG20, AG40, AG80 or AG160
and used for agriculture purposes.
(SCC 0958 § 4, 1994)
"Vaccination" means the inoculation of an animal with a vaccine
approved by and in the manner prescribed by the State of California
Department of Health Services.
(SCC 0815 § 2, 1990)
"Veterinarian" means a person licensed by the State of California
to practice veterinary medicine.
(SCC 0815 § 2, 1990)
"Veterinary facilities" means all premises where veterinary
medicine, veterinary dentistry, veterinary surgery, and the various
branches thereof is being practiced.
(SCC 1356 § 8, 2007)
"Vicious animal" means any animal including a dog (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:
1. Without
provocation inflicted severe injury on or killed a human being.
2. In an unprovoked manner killed another domestic animal, as defined in section
8.04.140 of this title, excluding rabbit or fowl, at a place other than upon the private property where the attacking animal is maintained.
3. 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.
4. 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.
5. Physically
attacked, mauled or physically injured by biting any guide dog for
the blind, service dog for the disabled or signal (hearing) dog for
the deaf, without provocation, at a place other than upon the private
property where the attacking animal is maintained.
6. Physically
attacked, mauled or physically injured by biting any guide dog for
the blind, service dog for the disabled or signal (hearing) dog for
the deaf, without provocation, when the owner of the attacking animal
knows or should 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 guide dog for the blind, service dog
for the disabled or signal (hearing) dog for the deaf.
7. Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in Section
8.04.265.
For purposes of this section, provocation does not include the
acts of a person attempting to prevent an animal from physically attacking,
mauling, or physically injuring by biting another person or animal.
|
(SCC 0815 § 2, 1990; SCC
0892 § 10, 1992; SCC 1180 § 1,
2001)
"Dangerous Animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which, when unprovoked, on two separate occasions within the prior 12 month period, has killed, severely bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the private property of the owner or keeper of the offending animal. For purposes of this section, at least one of the occasions must have caused severe injury, as defined in Section
8.04.275. Nothing in this section shall prevent an animal which commits an offense described in section
8.04.260 from being determined vicious.
(SCC 1180 § 2, 2001)
"Vicious behavior" means any acts committed by an animal as defined in Section
8.04.260.
(SCC 0815 § 2, 1990)
"Severe injury" means any physical injury to a human being or
animal that results in muscle tears or disfiguring lacerations or
requires multiple sutures or corrective or cosmetic surgery.
(SCC 1180 § 3, 2001)
"Wild animal" means any of the following:
1. Following
members of the Class Reptilia: Order Ophidia (such as, but not limited
to, racers, boas, water snakes and pythons) over eight feet in length;
and
Order Loricata (such as, but not limited to, alligators, caymans
and crocodiles) over three feet in length;
Order Sauria (excepting iguanas) over three feet in length.
2. 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 Subdivision Ratitae (such as, but not limited
to, ostriches, rheas, cassowaries, emus)
3. 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 Section
8.04.140), including, but not limited to, antelope, deer and bison.
4. 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.
5. 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.
6. 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.
(SCC 0815 § 2, 1990)
"Working ranch dog" means a dog that has been trained and is
used to herd and/or guard livestock and the dog owner resides on or
is the owner of property designated in the Sacramento County Zoning
Code for agricultural use.
(SCC 1356 § 9, 2007)