This title shall be known as, and may be cited and referred
to as the "animal control ordinance."
(Ord. 1053 § 15, 1969; SCC 0815 § 2, 1990)
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 title and that the owner has satisfied
the basic licensing requirements under this title. 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 title, 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.
(Ord. 1053 § 16, 1969; SCC 0815 § 2, 1990)
a. The
licensing regulations in this title are not applicable to the following:
1. Owners
who use animals for diagnostic purposes or research, the use having
been approved either by the California State Board of Public Health
pursuant to Section 1666 of the
Health and Safety Code or by the United
States Department of Agriculture;
2. Owners
who use animals for teaching purposes in accredited educational institutions;
3. Owners
of animals kept as all or part of the stock of: (a) nonprofit zoological
gardens open to the public; (b) circuses; or (c) animal exhibits when
such enterprises are operated under business licenses granted by the
County;
5. Farm cats as defined in Section
8.04.147; and any person or organization that is providing care for feral or farm cats and is making a reasonable effort to trap and sterilize the animals.
b. The
licensing, sales and advertising regulations of this title do not
apply to the following:
1. Government
agencies or animal rescue organizations that have demonstrated to
the Director that they have implemented an ongoing sterilization program
as well as an adoption program; a sufficient demonstration may include
written declaration to the Director, documentary evidence and/or site
visitation and inspection of agency/organization facilities;
2. Humane
societies or societies for the prevention of cruelty to animals if
such societies are incorporated under the provisions of the California
Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation
Law in Part 2 of the California
Corporations Code, beginning at Section
5110;
(Ord. 1053 § 17, 1969; SCC 0815 § 2, 1990; SCC 1356
§ 10, 2007)
a. Whenever an application is made for a license to do business in Sacramento County, and the business is of a type identified in Section
8.08.030 of this chapter, the tax collector shall, before issuance of the business license, notify the Chief of Animal Control. The Chief of Animal Control shall conduct such investigation, including physical inspection of the business premises, as is deemed appropriate to ascertain whether or not the owner of the animals is in conformity with the provisions of this title and shall report his or her findings to the tax collector within 45 calendar days of the date of filing of the application.
If the owner is in conformity, the business license may be issued
on the conditions that the owner agrees to maintain the business in
conformity with the provisions of this title and that the owner agrees
to allow the Chief of Animal Control to inspect the business premises
and the animals to ensure such conformity; but, if the owner is in
violation of this title, the business license may not be issued until
the condition or conditions causing the violation have been corrected
as determined by the Chief of Animal Control.
b. Upon receipt of a complaint of a violation of this title against a business which has been issued a business license in accordance with the provisions of Section
8.08.040(a) herein, or upon his own volition, the Chief of Animal Control may conduct such inspection and investigation as is necessary to determine the validity of the complaint. Should the complaint be founded, the Chief of Animal Control may recommend to the tax collector in writing that the business license should be revoked.
c. The procedures set forth in Chapter
4.06 shall be followed concerning applications, denials, revocations, appeals and due process requirements concerning business licenses.
(Ord. 1053 § 18, 1969; SCC 0815 § 2, 1990; SCC 0892
§ 11, 1992; SCC 0895 § 5, 1992)
No owner of any animal, wild or domestic, shall permit or suffer
the animal to do any of the following:
1. Be at
large (excepting the domestic cat);
2. Bite,
scratch, or claw any human being or other animal without provocation;
3. Make
loud or disturbing noises without provocation, including, but not
limited to, chronic howling, yowling, barking, whining, or other utterances.
Nothing contained herein shall be construed to apply to animal noises
emanating from legally operated veterinary hospitals, humane societies,
animal shelters, farm or agricultural facilities, or areas where keeping
of farm animals or fowl is permitted;
4. Act
or be kept in such a manner as to constitute an animal nuisance within
the meaning of this title;
5. Endanger
the life or health of others;
6. Damage
the property of others; or
7. Be afflicted
with and not be receiving medically accepted treatment for zoonotic
or other communicable disease.
(Ord. 1053 § 19, 1969; SCC 0815 § 2, 1990)
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 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 said vehicle.
b. No person
shall leave an animal, wild or domestic, in any unattended motorized
vehicle without adequate ventilation, in unhealthful conditions, or
otherwise under such circumstances as to allow the animal to be subjected
to extreme temperatures or other conditions which adversely affect
its health, safety, or well-being.
(SCC 687 § 1, 1987; SCC
0815 § 2, 1990)
No person shall permit or suffer a dog to stray from private
property owned or legally possessed by the dog owner or the person
who has a right to control the dog 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 or 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 land which is within a restricted shooting district as defined in Section
9.40.060 of the Sacramento County Code.
(SCC 544 § 3, 1983; SCC
576 § 9, 1983; SCC 0815 § 2,
1990)
The owner of any animal, wild or domestic, shall provide proper
and adequate food, water, shelter, care and attention for such animal.
(SCC 1180 § 4, 2001)
Any person who prevents, resists, or obstructs an attempt by
the Chief of Animal Control pursuant to this title to inspect or impound
an animal 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. 1053 § 21, 1969; SCC 0815 § 2, 1990)
No person shall willfully make a false or misleading statement
or representation to the Chief of Animal Control, 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 Chief of Animal Control pursuant
to this title.
(SCC 0815 § 2, 1990)
It is the duty of any person having knowledge that any animal
capable of transmitting rabies has bitten or otherwise exposed to
rabies a human being within Sacramento County to immediately report
that fact to the Health Officer or the Chief of Animal Control and
to furnish complete information thereof, including, but not limited
to, any knowledge of the whereabouts of said animal.
(Ord. 1053 § 22, 1969; SCC 0815 § 2, 1990)
Any person keeping, harboring, maintaining, or owning a vicious
or wild animal that escapes from its confinement shall immediately
notify the Chief of Animal Control of such escape. Notification shall
first be by phone and shall be followed with written notification
which includes the following information, as known:
1. The
date, place, and time of the animal's escape.
2. A description
of the animal and its condition at the time of escape; and
3. The
name, address, and residential and occupational telephone numbers
of the owner of the animal.
(SCC 0815 § 2, 1990; SCC
0892 § 14, 1992)
Unless a fee amount is specifically provided within this title,
the Board of Supervisors shall by resolution, from time to time, establish
fees including but not limited to, fees for impoundment, licensing,
kenneling, adoption, and boarding of animals.
(SCC 486 § 1, 1981; SCC
0815 § 2, 1990)
a. Notwithstanding the provisions of Section
1.01.190 of the Sacramento County Code and unless otherwise stated in this title, a violation of any of the provisions of Title
8, or failure to comply with any of the regulatory requirements of Title
8, shall be punishable as follows:
1. A
first violation shall be an infraction subject to the procedures described
in Section 19.6 and 19.7 of the California
Penal Code; and
2. A
second or subsequent violation committed within 30 calendar days of
the previous violation shall be a misdemeanor.
b. Unless
otherwise stated in this title, every violation of Title 8 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
provisions within one year; or
3. A
fine not exceeding $250 for each additional violation of the same
ordinance provision within one year.
c. Unless
otherwise stated, every violation of Title 8 constituting a misdemeanor
is punishable by a fine not in excess of $500 or by imprisonment in
the County Jail for not more than six months or by both.
d. As an alternative to punishment as an infraction or misdemeanor, the Director may assess an administrative monetary penalty pursuant to California
Government Code, Section 53069.4. Administrative penalties shall be assessed in accordance with the procedures set forth in Section
8.36.130 of this title. Unless otherwise stated, administrative monetary penalties shall be in the amounts set forth in subsection
(b) of this section.
e. Assessment
of other penalties as prescribed herein notwithstanding, violations
of this title may result in revocation of license or permit.
(SCC 576 § 11, 1983; SCC
586 § 1, 1984; SCC 0815 § 2,
1990; SCC 1356 § 11, 2007)
The maintenance of any animal in violation of any provision
of this title or any order of a Hearing Officer issued pursuant to
this title constitutes a public nuisance.
(SCC 0815 § 2, 1990)