The Animal Services Manager shall supervise the Animal Shelter and all Animal Services Personnel.
A. 
Responsibility – The Animal Services Manager is responsible for the regulation and the enforcement of this chapter and all other laws dealing with Animals existing within the unincorporated territory of the County and those incorporated areas thereof which may contract with the County for such services. The duties of the Animal Services 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 quarantine Animals and to cooperate with the County Health Officer;
4. 
To administer licensing programs as provided for in this chapter and in compliance with State and Federal laws; and
5. 
To abate Animal Nuisances.
B. 
Rules and Regulations – The Animal Services Manager may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of, this chapter. Such rules and regulations will be approved by the Tulare County Board of Supervisors by resolution. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any license provided herein. Documents that one must submit in order to comply with this code will be readily available at Animal Services and/or the Tulare County Health and Human Services Agency.
C. 
Animal Control Officers – An individual(s) qualified pursuant to section 830.9 of the Penal Code shall enforce the provisions of this Chapter, including:
1. 
Take up and Impound all Animals found to be in violation of the provisions of this Chapter;
2. 
Provide all Impounded Animals with sufficient shelter, food and water;
3. 
Keep such records as may be required by the Board of Supervisors or any other authority;
4. 
Carry out the provisions of this Chapter and all applicable statutes of the State.
D. 
Animal Control Officers shall have the power to issue citations pursuant to section 1-21-1005 of Chapter 21 of Part 1 of the Tulare County Ordinance Code.
E. 
Authority to Pursue on Foot – In the performance of his or her duties, the Animal Services 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 outdoor 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.
F. 
Authority to Use Specialized Equipment – Upon satisfactory completion of a Peace Officer Standards and Training Course pursuant to Penal Code section 832, in the performance of his or her duties, the Animal Services Manager and Animal Control Officer(s) shall have the authority to employ the use of specialized equipment, as defined in these ordinances and California Penal Code Section 830.9, and all other Animal control devices commonly used by other Animal control agencies located within the state of California. The Animal Services Manager may authorize trained and certified Animal Services Personnel to use specialized self-protection equipment such as an expanding baton or other non-lethal device or chemical agent to prevent personal injury while on duty.
G. 
Authority to Humanely Euthanize.
1. 
In accordance with California Penal Code section 597.1(e), Food and Agricultural Code section 31152, and any other applicable law, the Animal Services Manager or Animal Control Officer shall have the authority, if the Animal is irremediably ill, wounded or suffering, to direct the humane euthanasia of an Animal in the field.
2. 
In such cases of humane euthanasia, reasonable efforts will be made to notify the Owner or Custodian of the Animal, if one exists.
H. 
Obstruction – Any person who prevents, resists, threatens, or obstructs an attempt by the Animal Services Manager or Animal Control Officer to perform his or her lawful duties pursuant to this chapter or any Person who conceals 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.
I. 
Misrepresentation – No person shall willfully make a false or misleading statement or representation to the Animal Services Manager or Animal Control Officer acting in his or her official capacity regarding the Ownership or right to custody or control of an Animal for which a license is required, or regarding the Ownership of an Animal redeemed from, relinquished to, Impounded by, or taken up by the Animal Services Manager or Animal Control Officer pursuant to this chapter. Any Person who makes such a false or misleading statement shall be guilty of a misdemeanor.
J. 
Abuse of Services – The Animal Services Manager is authorized to charge and collect a fee, as laid out in the Tulare County fee schedule, from any Person, including the Animal's Owner or Custodian, who calls Animal Services to his or her residence requesting emergency assistance more than twice in a six-month period when no action is taken by the Animal Control Officer upon their arrival.
K. 
Relief from Fees – Upon the recommendation of the Animal Services Manager to the Director and with the approval of the Board by resolution, 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.
(Added by Ord. No. 3557, effective 5-30-19)
The Director of Health and Human Services, or his/her designee, shall have the authority to sign on behalf of the County the following types of agreements for Animal Services:
A. 
Agreements for Animal Adoption and Animal Foster, on a form approved by County Counsel;
B. 
Agreements for the transfer of Animals to Rescue Organizations;
C. 
Agreements to participate in or rent booth/vendor space for educational or animal adoption opportunities at festivals, fairs, or other special events;
D. 
Fee and penalty Payment Plan Agreements;
E. 
Pharmaceutical bulk pricing acknowledgments;
F. 
Nonbinding, nonmonetary agreements to participate in coalitions; and
G. 
Agreements for volunteer services, on a form approved by County Counsel.
(Added by Ord. No. 3557, effective 5-30-19)
At the discretion of the Animal Services Manager, in lieu of an administrative review and in conjunction with the Animal's Owner, a corrective action plan may be put in place to abate Animal related issues. The Animal Owner will be served with the Corrective Action Plan signed by the Animal Services Manager outlining a plan of action, including but not limited to actions involving Animals running-at-large, minimum shelter requirements, veterinarian care, Animals worrying livestock or other Animals, Animal Nuisance complaints, or licensing, regarding the Animal or Animals in question. If the Owner or Custodian complies with the requirements of the Corrective Action Plan within the prescribed time period, no further action on the Animal or Animals will be taken and any pending action by Animal Services will cease. If the Owner or Custodian fails to comply with the requirements of the Corrective Action Plan within the prescribed period, Animal Services shall resume any pending action.
Should an Owner or Custodian dispute the action taken by Animal Services for the Owner or Custodian's failure to comply with the Corrective Action Plan, the Owner or Custodian may request administrative review as provided in section 4-07-2300.
(Added by Ord. No. 3557, effective 5-30-19; amended by Ord. No. 3559, effective 6-20-19)
In addition to the remedies and penalties contained in this Ordinance, and in accordance with Government Code Section 53069.4, an Administrative Citation may be issued for any violation of County Animal Ordinances. The following procedures shall govern the imposition, enforcement, collection and Administrative Review of Administrative Citations and penalties.
A. 
Administrative Citation. If an Animal is owned, kept, maintained, or found to be in violation of a County Animal Ordinance, an Administrative Citation may be issued by the Animal Control Officer.
B. 
Content of Citation. The Administrative Citation shall be issued on a form approved by County Counsel and shall contain the following information:
1. 
Date, location and approximate time that the violation was observed;
2. 
The Ordinance violated and a brief description of the violation;
3. 
The amount of the administrative penalty imposed for the violation;
4. 
Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period;
5. 
Instructions on how to appeal the citation;
6. 
The signature of the Animal Control Officer.
The failure of the Administrative Citation to set forth all required contents shall not affect the validity of the proceedings, so long as it substantially complies with the above requirements.
C. 
Service of Administrative Citation.
1. 
If the person who has violated the County Animal Ordinance is present at the scene of the violation, the Animal Control Officer shall attempt to obtain his or her signature on the Administrative Citation and shall deliver a copy of the Administrative Citation to him or her.
2. 
If the owner, occupant, or other person who has violated a County Animal Ordinance is a business, and the business owner is on the premises, the Animal Control Officer shall attempt to deliver the Administrative Citation to him or her. If the Animal Control Officer is unable to serve the business owner on the premises, the Administrative Citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the Administrative Citation shall also be mailed to the business owner by first class mail.
3. 
If no one can be located at the property where the violation occurred, then the Administrative Citation shall be posted in a conspicuous place on or near the property and a copy mailed by first class mail to the owner, occupant, or other person who has violated this chapter. The Administrative Citation shall be mailed to the property address.
4. 
The failure of any interested person to receive a properly mailed Administrative Citation shall not affect the validity of the proceedings.
D. 
Administrative Penalties.
1. 
Except as enumerated in Sections 4-07-4400, the monetary penalties assessed for each violation of a County Animal Ordinance shall not exceed the following amounts:
a) 
One hundred dollars ($100.00) for a first violation;
b) 
Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
c) 
Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.
2. 
If the violation is not corrected, additional Administrative Citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
3. 
Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
4. 
The penalties assessed shall be payable to the County of Tulare, Animal Services Division.
5. 
Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.
(Added by Ord. No. 3557, effective 5-30-19)
A. 
Request for Administrative Review. The recipient of an Administrative Citation may appeal the citation through Administrative Review with Animal Services. The recipient wishing to appeal must appear at the next regularly scheduled Administrative Review or file a written request for extension. The schedule of Administrative Reviews is available on the citation itself or on the Animal Services website. Failure to appear at the next regularly scheduled review or file a request for extension within ten (10) calendar days of receiving the citation, whichever is later, shall constitute a waiver of the right to request a review of the Administrative Citation and may be deemed a forfeiture of the Animal in question.
B. 
Appellant shall bring to Review a written statement containing the following information:
1. 
A brief statement setting forth the appellant's interest in the proceedings;
2. 
A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;
3. 
An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
4. 
The request for Administrative Review signed by the requesting party.
C. 
Administrative Review. The Administrative Review shall be held as follows:
1. 
Administrative Reviews shall be held on a schedule which is available on the Animal Services Website and printed on Animal Services citations.
2. 
Administrative Review Officer. The Administrative Review regarding the Administrative Citation shall be held before the Administrative Review Officer. The Administrative Review Officer shall not be the investigating Animal Control Officer who issued the Administrative Citation or his or her immediate supervisor.
3. 
Conduct of the Administrative Review. The investigating Animal Control Officer who issued the Administrative Citation shall not be required to participate in the Administrative Review regarding the Administrative Citation. The contents of the investigating Animal Control Officer's file shall be admitted as prima facie evidence of the facts stated therein. The Administrative Review Officer shall not be limited by the technical rules of evidence. If the person requesting the Administrative Review of the Administrative Citation fails to appear at the Administrative Review, the Administrative Review Officer shall make his or her determination based on the information contained in the written request for Administrative Review. The person requesting the Administrative Review may supply any additional evidence to assist the Administrative Review Officer in reaching his or her decision.
4. 
Authority to reduce fee and penalty amounts for sustained charges. If any or all charges on the Administrative citation are sustained by the Administrative Review Officer, he/she may provisionally dismiss any or all charges pending specified conditions, such as, but not limited to, no repeat offenses within a certain amount of time. If any conditions of the provisional dismissal are violated, the associated fees and penalties will become due. The Administrative Review Officer may alternatively reduce the fees and/or penalty amounts in the interest of justice, including where accrued fees and/or penalties would be a hardship or discourage return of an animal to its home.
5. 
Administrative Review Officer's Decision. The Administrative Review Officer's decision regarding the Administrative Citation following the Administrative Review may be personally delivered to the person requesting the Administrative Review or sent by first class mail. The Administrative Review Officer may allow payment of any administrative penalty in installments, if the person provides evidence satisfactory to the Administrative Review Officer of an inability to pay the penalty in full at one time. The Administrative Review Officer's decision shall contain instructions for obtaining review of the decision by the Director.
D. 
Appeal of Administrative Review Officer's Decision. If the recipient of an Administrative Citation disagrees with the Administrative Review Officer's decision upholding the issuance of the Administrative Citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the Administrative Citation to the Director as set forth in this section.
1. 
Notice of Administrative Appeal. Within five (5) business days following the mailing date of the Administrative Review Officer's decision regarding the Administrative Citation, the recipient of the Administrative Citation may contest that decision by submitting a written administrative appeal to the Director. The failure to submit the written appeal within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of administrative appeal shall be served in person or by first class mail upon Animal Services by the contestant.
2. 
Conduct of Administrative Review Appeal. An Administrative Review Appeals Officer shall hear the appeal. At the hearing on appeal, the Administrative Review Appeals Officer shall review the written decision of the Administrative Review Officer, any documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished, and will hear such testimony as is relevant to the issues raised in the Notice of Administrative Appeal. The Administrative Review Appeals Officer will limit new testimony only to that which is raised in the Notice of Appeal. The Administrative Review Appeals Officer will not be subject to the rules of evidence.
3. 
Judgment. If the fine or penalty has not been deposited and the decision of the Administrative Review Appeals Officer is against the contestant, and is not appealed to the County Hearing Officer, the issuing agency may proceed to collect the fees and penalties pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.
E. 
Appeal of Administrative Review Appeals Officer's Decision. If the recipient disagrees with the Administrative Review Appeals Officer's decision, the recipient may appeal to the County Hearing Officer as set forth in this section.
1. 
Notice of Appeal. The person who filed the administrative review appeal may appeal the decision of the Administrative Review Appeals Officer to the County Hearing Officer, as provided by Chapter 31 of Part I of this Code. An appeal to the County Hearing Officer shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after mailing of the notice of decision of the Administrative Review Appeals Officer. An appeal to the County Hearing Officer shall specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors. The Clerk of the Board shall mail notice to the appellant of the date and time that the County Hearing Officer will hear the appeal, which date shall be not less than five (5) calendar days after the date of mailing the notice.
2. 
Conduct of Hearing. The County Hearing Officer shall hear the appeal in accordance with the provisions of Chapter 31 of Part I of this Code.
3. 
Judgment. If the fine or penalty has not been deposited and the decision of the County Hearing Officer is against the contestant, the issuing agency may proceed to collect the fees and penalties pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.
(Added by Ord. No. 3557, effective 5-30-19; amended by Ord. No. 3559, effective 6-20-19)