Chapter 4.05 ANIMAL CONTROL

This chapter shall be known and may be referred to in all proceedings as the city of South Lake Tahoe animal control ordinance. (Ord. 433 § 1. Code 1997 § 6-1)

4.05.020 Definitions.

The words and terms used in this chapter shall have the meanings indicated as follows unless the context clearly indicates otherwise:

“Animal” means any domesticated animal and all livestock.

“Animal control officer” means a duly appointed officer of the city or its contractual agent, whose appointment and qualifications conform to the terms of this chapter.

“City” means the incorporated city of South Lake Tahoe.

“County” means the county of El Dorado.

“Dangerous animal” means any animal that has displayed overly territorial, aggressive, protective characteristics along with the ability to cause dangerous attacks or to inflict injuries on humans or other animals and is known by the owner or custodian to possess these characteristics or has been notified in writing by the director of animal control or his designee of the animal’s propensities.

“Director of health services” means the county of El Dorado director of health services or any person duly authorized to act on the behalf of such director.

“Dog” means all canines.

“Kennel” means a place where more than four dogs or cats are kept, not including dogs or cats under 120 days old.

“Owner” means any person who owns an animal, or who harbors or keeps an animal for five or more consecutive days.

“Person” means any person, firm, association, organization, partnership, business trust, corporation or company.

“Pound” means all places where impounded animals are to be confined, whether by public agency or by a private person or persons under contract or agreement with a public agency.

“Stray animal” means any animal, not on private property of the animals owner, or not under restraint by a leash, chain, rope or cord not more than 10 feet in length attached firmly to a collar upon such animal and actually held by some person or made fast to a stationary object.

“Stray dog” means any dog, not on the private property of the owner of the animal, or not under restraint by a leash, chain, rope, or cord not more that 10 feet in length attached firmly to a collar upon such animal and actually held by some person or made fast to a stationary object.

“Veterinarian” means a duly licensed doctor of veterinary medicine.

“Vicious animal” means any animal which shows a propensity to attack, bite, scratch or harass people or other animals without provocation. Any animal which has bitten or otherwise injured two or more times shall be presumed to be vicious, which presumption is rebuttable.

“Wild animal” means any animal which is normally found in its wild or natural habitat.

“Working dog” means a dog, while under the control of a human, which is used in the movement of livestock, or in the lawful hunting of taking of game, or in field trials, exhibits or competitions. (Ord. 433 § 1; Ord. 461 § 1; Ord. 467 § 1; Ord. 515 § 1; Ord. 548 § 1; Ord. 641 § 1; Ord. 789 § 1. Code 1997 § 6-2)

Article II. Animal Control Officer

4.05.030 Authority.

A. Each animal control officer shall have and is hereby vested with the authority and immunities of a public officer as defined in California Penal Code Section 836.5. Each animal control officer may issue citations for violations of the provisions of this chapter and/or any state law regarding animal control in accordance with and subject to the provisions of state law and this code. The authority to issue citations in accordance with this code shall be alternative to any other manner provided by law.

B. The authority to issue citations shall vest conditionally in a city animal control officer upon the following events:

1. Completion of all necessary background investigations by the chief of police;

2. Interview and recommendation by the chief of police to the superior court; and

3. Completion of all local Humane Society training.

C. Full authority to issue citations shall vest upon the following events:

1. Completion of Penal Code 832 training;

2. Appointment by the superior court pursuant to Civil Code Section 607(f); and

3. Completion of state Humane Society training.

D. If these events have not occurred within a reasonable time, not to exceed one year from the date of conditional appointment, the appointment made on condition shall be null and void and said officer shall have no further authority to issue citations or otherwise act as an animal control officer. (Ord. 515 § 2; Ord. 641 § 1. Code 1997 § 6-3)

4.05.040 Taking up strays.

The animal control officer is authorized to take up and impound all stray dogs and all stray animals, except as prohibited by the provisions of Government Code Section 53072. (Ord. 433 § 1; Ord. 515 § 5. Code 1997 § 6-4)

4.05.050 Record of impounded animals.

The animal control officer shall keep a record of all animals impounded which shall show the date of impoundment, license tag number, if any, brand, earmark, or other markings, the date and manner of its disposal and, if redeemed or sold, the name and address of the person by whom redeemed or purchased, the amounts of all fees and other monies received or collected and the disposition thereof. (Ord. 433 § 1. Code 1997 § 6-5)

4.05.060 Disposition of impounded animals.

When any animal is impounded, such fact shall be recorded by the animal control officer. The animal control officer shall also immediately notify the owner of the impounded animal, if known. Such notification shall, whenever feasible, include, but need not be limited to, a mailed notification of impoundment.

In the case of an impounded dog, the mailed notice shall contain a description of the dog impounded and shall set forth the fact that, unless it is reclaimed before the time specified in said notice, which time shall not be less than three days or more than 10 days from the mailing thereof, the animal control officer shall proceed to dispose of said dog; provided, that all dogs taken into the custody of the animal control officer, which, by reason of disease or injury, are determined by a licensed veterinarian to be unfit for further use or are too dangerous to be kept impounded, shall be destroyed by aid officer in a humane manner as soon thereafter as is conveniently possible and, in the case of the destruction of such dog, the animal control officer shall not be required to give the aforesaid notice, although said officer shall make a reasonable effort to provide notice to the owner of such dog prior to its destruction. The animal control officer shall dispose of any dog which is impounded and unredeemed within the time specified in the mailed notice and in the manner set forth herein. (Ord. 433 § 1. Code 1997 § 6-6)

4.05.070 Care of animals.

The animal control officer shall provide all impounded animals with suitable and adequate food, water and shelter. (Ord. 433 § 1. Code 1997 § 6-7)

4.05.080 Fees and charges.

Wherever the payment of fees or charges for animal control services is required by this chapter, the city manager shall establish such fees or charges at a level equal to either the actual cost of providing such service, or the amount charged for similar services by the county of El Dorado, whichever is greater. An appeal of fees or charges for animal control services may be made pursuant to Chapter 2.35 SLTCC. (Ord. 433 § 1; Ord. 692 § 1; Ord. 1105 § 1 (Exh. B). Code 1997 § 6-8)

4.05.090 Reports of impounded animals.

The animal control officer shall make a true and correct report to the director of health services on the fifth day of each month of the kind and number of animals impounded during the previous month, of the number redeemed and the fees collected and the number and method of disposal of all animals not redeemed, together with such other information as may be required by the director. (Ord. 433 § 1. Code 1997 § 6-9)

4.05.100 Impoundment pursuant to arrest.

An animal impounded pursuant to arrest of its owner shall be held and handled in the same manner as an impounded animal whose owner is known to the animal control officer. (Ord. 725. Code 1997 § 6-9.5)

4.05.110 Disposal of dead animals.

Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner or upon request of a person in charge of such body, the animal control officer shall remove and dispose of said body immediately. (Ord. 433 § 1. Code 1997 § 6-10)

4.05.120 Federal, state or city property.

The animal control officer shall not be required to remove and dispose of bodies of dead animals from state highways or from state or federal property within the city.

Removal of dead animals from city property may be accomplished by the animal control officer under an appropriate agreement. (Ord. 433 § 1. Code 1997 § 6-11)

Article III. Vaccination and Licensing of Dogs

4.05.130 Vaccination of dogs.

Every owner of a dog, which dog is over four months of age, shall cause such dog to be vaccinated with a rabies vaccine approved by the state and administered by a veterinarian. Revaccination shall be made after one year if the prior vaccination was with tissue pheolized vaccine or after two years if the prior vaccination was with chick embryo vaccine. (Ord. 433 § 1. Code 1997 § 6-12)

4.05.140 License tax.

A dog license tax shall be charged in accordance with the provisions of SLTCC 4.05.080. (Ord. 433 § 1; Ord. 692 § 1. Code 1997 § 6-13)

4.05.150 License period.

Dog licenses shall expire two years from the date of issuance. Dog licenses shall be renewed within 30 days of the date of expiration.

The license period of a dog licensed for the first time may commence at any time during the year. (Ord. 433 § 1; Ord. 515 § 5. Code 1997 § 6-14)

4.05.160 Special rabies license tax.

Whenever the State Department of Public Health determines that a rabies epidemic exists in the county, a special additional dog license tax, as provided in Sections 1912, 1913 and 1914 of the California Health and Safety Code, shall be imposed as provided herein. (Ord. 433 § 1. Code 1997 § 6-15)

4.05.170 Exemptions from license tax.

The following are exempt from the terms of SLTCC 4.05.140:

A. Dogs less than 120 days old;

B. Dogs licensed and vaccinated in another jurisdiction for the valid period of such license;

C. Dogs on sale in a duly licensed pet shop or being kept in a dog kennel where they are enclosed at all times;

D. Dogs honorably discharged or released from the services of the armed forces of the United States, dogs principally used for the purpose of leading persons with defective eyesight and dogs used in law enforcement agencies shall be licensed but without charge. (Ord. 433 § 1. Code 1997 § 6-16)

4.05.180 Vaccination as condition of issuance of license.

Prior to the issuance of any license, it shall be necessary that the dog licensed be vaccinated with anti-rabies vaccine as provided in SLTCC 4.05.130, which vaccination shall have been recent enough to provide protection against rabies for the license period. The Humane Society may collect vaccination fees and issue a certificate authorizing subsequent vaccination. Failure to obtain vaccination and/or to return the certificate to the Humane Society within 15 days of certificate issuance shall be punishable as an infraction. (Ord. 438 § 1; Ord. 515 § 6. Code 1997 § 6-17)

4.05.190 Issuance of licenses.

Upon payment of the license tax to the animal control officer and the presentation of a certificate of vaccination by a veterinarian, the animal control officer shall issue a license stating the name, residence, mailing address and telephone number of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, and the description of the dog for which such license is issued, together with the number of the metallic tag accompanying the same. (Ord. 433 § 1. Code 1997 § 6-18)

4.05.200 License tags.

With each dog license, the animal control officer shall issue a metal tag bearing an identifying license number and having the words “Dog License” imprinted thereon. The animal control officer shall enter in a register kept for that purpose the name, address and telephone number of the owner of the dog and, if different, the name, address and telephone number of the person to whom the license was issued. It shall be unlawful for any person owning a dog, or having the custody and control of such dog, to cause, allow or permit such dog to be any where except upon private property of which such person has ownership or control, without such license tag being firmly affixed to a collar upon such dog. Any dog found without a license so affixed shall be impounded. (Ord. 433 § 1; Ord. 548 § 3. Code 1997 § 6-19)

4.05.210 Record of licenses.

The animal control officer shall keep a record of all licenses issued together with a description of the dog for which such license is issued. A copy of the record of all such licenses issued shall be forwarded to the director of health services. (Ord. 433 § 1. Code 1997 § 6-20)

4.05.220 Keeping unlicensed dogs.

No person shall have, harbor or keep any unlicensed dog in the city, or permit or allow any unlicensed dog to remain on any premises under the control or in the possession of such person, contrary to the provisions of this article. (Ord. 433 § 1. Code 1997 § 6-21)

Article IV. General Regulations – Dog Controls

4.05.230 Stray dogs generally.

It shall be unlawful for any person owning or having charge of any stray dog, as defined herein, to cause, permit or allow such dogs, whether licensed or unlicensed, to stray, wander or otherwise be at loose or at large upon any public street, alley, park, beach, way or other public property within the city, or upon any private property within the city other than private property of which the owner of the dog has ownership or control, unless such dog is kept securely confined by a leash, rope, cord or chain not over 10 feet in length held by some person or securely attached to some stationary object. Nothing contained in this section shall be deemed to prevent a dog from being off leash in designated dog parks while under the control of a competent person. Nothing contained in this section shall be deemed to prevent a dog from being used without a leash to herd, guard or gather domestic animals or fowls in the normal and customary manner of “working dogs.” Nor shall this section be deemed to prohibit participation in obedience trials or dog shows without a leash so long as the dog is under the charge and control of a person competent to control such dog and the dog does not harm or damage, or threaten to harm or damage, any person or public or private property. (Ord. 515 § 7; Ord. 548 § 2; Ord. 1148 § 1. Code 1997 § 6-22)

4.05.240 Trespass on private property, etc.

No dog shall trespass on private property and thereafter dig property, destroy plant life, defecate, or urinate; nor shall any dog be in a public place and thereafter dig property, destroy plant life, defecate, or urinate. The owner shall be liable for his/her dog and if the owner is not present, such responsible adult in whose custody the dog was placed shall be liable. Notwithstanding the above, no citation shall be issued to any owner or responsible adult who immediately cleans the area which has been defecated upon. (Ord. 515 § 8. Code 1997 § 6-22.5)

4.05.250 Taking up stray dogs by citizens.

Any person may take up and deliver to the animal control officer any animal at large on public property or upon said person’s private property. The animal control officer shall hold and dispose of said animal in the same manner as though said animal had been found at large and impounded by the animal control officer. (Ord. 433; Ord. 725. Code 1997 § 6-23)

4.05.260 Animals in vehicles.

A. No person shall leave any animal in an unattended vehicle without adequate ventilation or in such manner to subject the animal to extreme temperatures which adversely affect the animal’s health and welfare.

B. All dogs in parked vehicles shall be confined in such a manner to prevent them from reaching the outside edge of said vehicle with any portion of their body.

C. No person shall have leave any dog unattended in any vehicle without confining said dog in such a manner to prevent it from reaching the sides of said vehicle. The animal control officer shall be empowered to remove an animal from a vehicle under emergency circumstances when said animal is endangering the safety of the public. (Ord. 725. Code 1997 § 6-23.5)

4.05.270 Capture of wild animals.

No person, other than the animal control officer acting in the course of employment, shall capture, keep or attempt to domesticate any wild animal. (Ord. 433 § 1. Code 1997 § 6-24)

4.05.280 Potentially dangerous and vicious dogs.

(Ord. 433 § 1; Ord. 467 § 2; Ord. 515 § 9; Ord. 548 § 4; Ord. 789 § 2; Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25)

4.05.290 Definitions.

A. “City” means the city of South Lake Tahoe.

B. “County” means El Dorado County.

C. “Animal control officer” means an animal control officer from the county contracted by the city, or any other qualified professional contracted or employed by the city, to perform animal control duties within the city.

D. “State law” means the California Food and Agriculture Code, specifically including Articles 1 through 5 (Sections 31601 through 31683) of Chapter 9, Division 14.

E. “County code” means Title 6, “Animals,” of the El Dorado County Code of Ordinances, specifically including Sections 6.12.050, “Potentially Dangerous and Vicious Dogs,” 6.12.051, “Penalty and Impoundment Authorized,” and 6.12.052, “Investigation,” found at Chapter 6.12, “General Animal Regulations.”

F. “City code” means SLTCC 4.05.280 and all subsequent sections of the South Lake Tahoe City Code, found at Chapter 4.05 SLTCC, “Animal Control.”

G. “County animal control” means the El Dorado County animal control department, which contracts with the city to provide animal control services within city limits. (Ord. 789 § 3; Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.1)

4.05.300 Purpose – Authorization – Conflict – State law.

A. The purpose of the following sections and subsections is to allow the city greater local control over the enforcement of potentially dangerous and vicious dogs by enacting a comprehensive regulatory and enforcement program on the subject.

B. The city enacts the following sections and subsections pursuant to state authorization under Section 31683 of the state law, which specifically allows local municipalities to adopt and enforce their own programs for the control of potentially dangerous and vicious dogs that may incorporate all, part, or none of the state’s regulatory program on the same, commencing with Section 31601 of the state law.

C. To the extent that any of the following sections or subsections conflict with the state law on potentially dangerous and vicious dogs, city code shall control. To the extent that any of the following sections or subsections conflict with the county code, city code shall control, because an ordinance passed by the city for enforcement within city limits will supersede any ordinance passed by the county regarding the same subject.

D. The following sections and subsections comprise the whole and the entirety of the city’s regulation of potentially dangerous and vicious dogs. Silence in this chapter as to any subject matter shall be construed as intentional, and in such case, state law shall apply. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.2)

4.05.310 Potentially dangerous dog defined.

A. “Potentially dangerous dog” means any of the following: (1) any dog which, unprovoked, on two separate occasions within the prior 24-month period, 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 or keeper of the dog; (2) any dog which, when unprovoked, bites a person; or (3) any dog which, when unprovoked, on one occasion within the prior 24-month period has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. A potentially dangerous determination is made upon a preponderance of the evidence.

B. “Potentially dangerous dog” does not mean any of the following: (1) any dog which engages in any behavior that requires a defensive action by any other domestic animal to prevent bodily injury, or which bites any other domestic animal, if the domestic animal, at the time the defensive action or bite occurred, was teasing, tormenting, abusing, assaulting, taunting, or aggravating the dog; (2) any dog which engages in any behavior that requires a defensive action by any person to prevent bodily injury, or which bites any person, if that person, at the time the defensive action or bite occurred, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, assaulting, or aggravating the dog, or was committing or attempting to commit a crime; (3) any dog which was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

C. If a dog otherwise qualifies as a “potentially dangerous dog” under the standards listed in subsection (A) of this section, the court, pursuant to SLTCC 4.05.330(B), nonetheless has the discretion to consider any of the dog’s prior history and all circumstances of any past incidents to make a determination, upon a preponderance of the evidence, that the dog is not “potentially dangerous.” (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.3)

4.05.320 Vicious dog defined.

A. “Vicious dog” means any of the following: (1) any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under Section 597.5(a) of the California Penal Code; (2) any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on a person resulting in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery, or kills a person; (3) any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been duly notified of this determination, continues the behavior described in SLTCC 4.05.310(A), or is maintained in violation of SLTCC 4.05.350. A finding of “vicious dog” is made upon a preponderance of the evidence.

B. “Vicious dog” does not mean any of the following: (1) any dog which inflicts severe injury on any other domestic animal resulting in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery, or which kills any other domestic animal, if the domestic animal, at the time the injury or death occurred, was teasing, tormenting, abusing, assaulting, taunting, or aggravating the dog; (2) any dog which inflicts severe injury on a person resulting in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery when the person, at the time the severe injury occurred, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, assaulting, or aggravating the dog, or was committing or attempting to commit a crime; (3) any dog which was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

C. If a dog otherwise qualifies as a “vicious dog” under the standards listed in subsection (A) of this section, the court, pursuant to SLTCC 4.05.330(B), nonetheless has the discretion to consider any of the dog’s prior history and all circumstances of any past incidents to make a determination, upon clear and convincing evidence, that the dog is not “vicious.” (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.4)

4.05.330 Hearing on declaration of dog as potentially dangerous or vicious.

The following procedures shall be utilized within the city limits regarding determinations of potentially dangerous and vicious dogs:

A. If upon investigation it is determined by an animal control officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer may seize and impound the dog, pending the judicial proceeding to be held pursuant to this section. The owner or keeper of the dog shall be liable to the city for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious. When a dog has been impounded and it is not contrary to public safety, the animal control officer shall permit the dog to be confined at the owner’s or keeper’s expense in a city-approved kennel or veterinary facility. Alternatively, instead of seizing and impounding the dog, the animal control officer has the discretion to allow the owner or keeper of the dog in question to keep the dog securely impounded in the owner’s or keeper’s home, pending the hearing.

B. If an animal control officer has investigated and determined that probable cause exists to believe that a dog is potentially dangerous or vicious, the animal control officer shall petition the South Lake Tahoe branch of El Dorado County superior court for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

C. The dog’s owner or keeper shall be provided written notice of any determination or order of the court. The decision of the court shall be final.

D. If a determination or order is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with any and all orders issued by the hearing court, as well as with any and all relevant sections and subsections in this chapter, in accordance with a time schedule established by the court. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.5)

4.05.340 List of potentially dangerous and vicious dogs – Removal from potentially dangerous dog list.

A. County animal control shall maintain two separate lists of dogs, as well as of their respective owners or keepers, for every dog determined to be potentially dangerous under SLTCC 4.05.310(A), or vicious under SLTCC 4.05.320(A).

B. If the dog in question dies, or is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner or keeper of the dog shall notify county animal control of the changed condition and new location of the dog in writing within two working days.

C. For a dog determined to be potentially dangerous, if there are no additional instances of the behavior described in SLTCC 4.05.310(A) within a 24-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to, be removed from the list of potentially dangerous dogs prior to the expiration of the 24-month period if the owner or keeper of the dog demonstrates to county animal control that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have adequately mitigated the dog’s risk to the public safety. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.6)

4.05.350 Regulation of potentially dangerous dogs.

A. All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court has determined the designation applies to the dog. The city may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.

B. A potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner’s or keeper’s premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.7)

4.05.360 Regulation of vicious dogs.

A. A dog determined to be a vicious dog may be destroyed by county animal control when it is found, after proceedings conducted pursuant to SLTCC 4.05.330, that the release of the dog would create a significant threat to the public health, safety, and welfare.

B. If it is determined that a dog found to be vicious shall not be destroyed, the court shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare, including, but not limited to, conditions specified under SLTCC 4.05.350.

C. The owner or keeper of a dog determined to be a vicious dog may be prohibited by the court from owning, possessing, controlling, or having custody of any dog for a period of up to 24 months, when it is found, after proceedings conducted pursuant to SLTCC 4.05.330, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.8)

4.05.370 Fines.

A. Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed $500.00. Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed $1,000.

B. All fines paid pursuant to subsection (A) of this section shall be paid to the city for the purpose of defraying the cost of the implementation of this chapter. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.9)

4.05.380 No retroactive application.

This chapter shall have no retroactive effect. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.10)

4.05.390 Severability.

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Ord. 1047 § 1 (Exh. A); Ord. 1052 § 1 (Exh. A). Code 1997 § 6-25.11)

4.05.400 Diseased and injured dogs.

A. No person owning, or having charge of any dog that is infected with a disease transmissible to a human, or that otherwise constitutes a public health hazard, shall permit such dog to be or remain within the city, other than in the custody of a duly licensed doctor of veterinary medicine.

B. The animal control officer shall seize and impound any dog such officer reasonably believes is infected with a disease transmissible to a human, or that otherwise constitutes a public health hazard. Every reasonable effort shall be made to inform the owner of such dog of its seizure and impoundment.

C. The animal control officer shall seize and impound any dog such officer reasonably believes has been seriously injured; provided, that the owner of such dog, after a reasonable effort expended by said officer, cannot be immediately located. Every reasonable effort shall be made to inform the owner of such dog of its seizure and impoundment.

D. Within a period of 12 hours of the seizure of a diseased or seriously injured dog, the animal control officer shall require the examination of such dog by a veterinarian. If the veterinarian concludes that such dog is infected with a disease transmissible to a human, or that the dog constitutes a public health hazard, or that the dog is so seriously injured as to be unlikely to survive, such dog shall be destroyed by the animal control officer. (Ord. 433 § 1. Code 1997 § 6-26)

4.05.410 Dogs and cats in heat.

A. No person owning or having charge of any dog or cat in heat shall permit such dog or cat to be or remain upon any street or other public place in the city.

B. Every person owning or having custody of any female dog or cat in heat shall strictly confine such animal in a building or other six-sided enclosure designed to keep such animal from escape and to prevent access to male animals unless for planned breeding. (Ord. 433 § 1; Ord. 515 § 11; Ord. 582 § 1; Ord. 789 § 4. Code 1997 § 6-27)

4.05.420 Duty to report dog bites.

It is hereby made the duty of any person having knowledge that any dog has bitten any human being within the limits of the city to immediately report that fact to the animal control officer, to the El Dorado County health officer or to the police department, with full information in regard to the incident. (Ord. 433 § 1. Code 1997 § 6-29)

4.05.430 Disposal of dead dogs.

When any dog, owned by or in the custody or control of any person, dies in the city, such person shall within 24 hours provide for the burial, incineration or other disposition of the body of such dead dog in a safe and sanitary manner. (Ord. 433 § 1. Code 1997 § 6-30)

4.05.440 Dogs with infectious disease outside the city.

When the El Dorado County health officer has determined that an infectious disease exists among dogs in any area and that importation of a dog from such an area might spread disease within the city, said officer may refuse to permit the shipment of a dog from such an area to the city unless accompanied by a health certificate signed by a duly licensed doctor of veterinary medicine certifying that the dog for which such certificate is issued is not infected or exposed to an infectious disease. Any dog entering the city from any area so described and designated, without such a certificate, may be quarantined, confiscated or disposed of by said health officer in such a manner as to eliminate any danger of persons or animals within the city from being exposed to infection from such disease. (Ord. 433 § 1. Code 1997 § 6-31)

4.05.450 Abandoned dogs.

No person shall abandon any dog in the city. (Ord. 433 § 1. Code 1997 § 6-32)

4.05.460 Disturbance by animals.

It shall be unlawful and a public nuisance for any person owning or having custody of any animals to cause, permit or allow such animal to make or utter any frequent or long continued noise which by reason of its raucous or irritating nature disturbs the peace and quiet of any person. If the nuisance prescribed hereby is of a continuing nature, and prior warning or citation has been issued, and if no person having custody or control of the animal can be located after reasonable attempts to do so, the animal control officer after personally determining that a nuisance exists may enter upon the premises where the animal is kept, other than an enclosed structure or place of residence, and may take reasonable steps to abate the nuisance. If the nuisance cannot be abated by any other means, the animal may be impounded and a notice affixed to the premises from which the animal is removed and a similar notice shall be sent to the owner of the animal, if known, stating that the owner has the right to reclaim the animal in accord with the provisions of this chapter. (Ord. 433 § 1; Ord. 548 § 5. Code 1997 § 6-33)

4.05.470 Complaint process.

The contractor for city’s animal control services shall establish a process pursuant to which aggrieved citizens may seek resolution of their complaints. The city council and the city manager shall have the opportunity to be represented in such process. (Ord. 515 § 10. Code 1997 § 6-33.5)

4.05.480 Nondomestic animals.

No person shall keep, maintain, or house a nondomestic animal within the city limits. The council, after recommendation by the Humane Society, shall adopt by resolution a list of such prohibited animals. (Ord. 515 § 10. Code 1997 § 6-33.6)

4.05.490 Feeding of wild domestic animals or nondomesticated animals.

A. No person shall knowingly feed or in any manner provide access to food to any feral or nondomestic mammalian animal. Violations of this section shall be deemed an infraction.

B. This section shall not apply to any person who has legal possession of any such animal and who has a permit from the State Department of Fish and Game and the animal control department to keep such animal. Nor shall this section apply to any person who provides food and water to any such animal while animal is injured, trapped or being trapped; provided said person notifies the animal control department within 24 hours of commencing such care. (Ord. 789 § 5. Code 1997 § 6-33.7)

4.05.500 Redemption of impounded animals generally.

The owner or person entitled to the custody of any animal may, at any time before the disposal thereof by the animal control officer, redeem such animal by paying to said officer the fees and charges prescribed by this chapter accruing up to the time of redemption. (Ord. 433 § 1; Ord. 692 § 1. Code 1997 § 6-34)

4.05.510 Adoption.

Any dog or cat impounded and unredeemed under the provisions of this title may be adopted by a person upon application to the animal control officer in such form as he may prescribe.

A. No cat may be adopted and removed from impoundment that has not been spayed or neutered unless (1) the cat is less than six months of age; and (2) the cost of spaying or neutering the cat has been deposited with the animal control officer. The animal control officer shall also receive satisfactory assurance that the spaying/neutering will in fact be performed as soon as it is medically permissible. This fee is not refundable.

B. No dog may be adopted from impoundment until it has been spayed or neutered or until the fee for same is paid prior to the animal’s adoption and removal. The animal control officer shall also receive satisfactory assurance that the spaying/neutering will in fact be performed within the contractually or medically prescribed period. This fee is not refundable.

C. A fee in such amount as may be necessary to provide for current license, rabies and other immunizations shall be paid for each adoption, in addition to the fee for spaying/neutering. The fee shall be established by resolution of the board of supervisors.

D. Failure to spay or neuter any dog or cat adopted from the animal control center and not sterilized due to age or medical factors at the time of adoption by the sterilization date specified in the adoption agreement shall constitute an infraction.

In the event the dog is of any age which, in the opinion of a licensed veterinarian, injury may occur to the dog by spaying or neutering, adoption may proceed upon reasonable assurances that spaying or neutering will occur as prescribed by the veterinarian.

E. Adoption and Sale. The director of animal control may refuse to adopt any animal to any person if in his or her opinion the animal should not be adopted to that person or organization. (Ord. 433 § 1; Ord. 692 § 1; Ord. 789 § 6. Code 1997 § 6-36)

Article V. Spaying and Neutering Clinics

4.05.520 Establishment.

The director of health services is hereby authorized to establish spaying and neutering clinics throughout the several areas of the city. (Ord. 433 § 1. Code 1997 § 6-37)

4.05.530 Operation.

Any spaying or neutering clinic shall be operated by veterinarians practicing in the county of El Dorado or adjacent counties. (Ord. 433 § 1. Code 1997 § 6-38)

4.05.540 Clinic agreements.

The director of health services is hereby authorized to enter into agreements with the veterinarians, humane societies, societies for the prevention of cruelty to animals, and any other person desiring to participate in the financing or operation of such clinics. (Ord. 433 § 1. Code 1997 § 6-39)

4.05.550 Authorization to accept grants.

The director of health services is hereby authorized to accept grants or donations of money for the conduct of spaying or neutering clinics. Such grants or donations shall be received in the name of the county and/or the city and shall be deposited in a special fund for the exclusive use in spaying and neutering clinics. Said fund shall be established under such conditions as the county board of supervisors and/or the city council may direct. (Ord. 433 § 1. Code 1997 § 6-40)

4.05.560 Method of disbursement of grants.

Disbursement from said special fund may be made for expenses incurred in spaying and neutering and shall be paid under procedures established by the board of supervisors of the county and/or the city council. (Ord. 433 § 1. Code 1997 § 6-41)

Article VI. Kennel Regulations

4.05.570 Permit – Generally.

No person shall own or operate a kennel unless and until a permit therefor, as required by the terms hereof, has been obtained and is held in full force and effect. Such permit requirement shall be in addition to any and all other permits and licenses required by the terms of this code. (Ord. 467 § 3. Code 1997 § 6-42)

4.05.580 Permit – Application generally.

Application for a kennel permit shall be made to the director of health services. Such application shall contain the following information, together with any further information which the director may require:

A. A copy of a properly issued use permit.

B. A plan of the proposed kennel, including but not limited to a description of animal rooms and cages, a description of animal runs and a description of the fencing proposed for use.

C. An identification of the supervisory personnel to be responsible for the management of such facility and a description of the background and experience of such personnel in the operation of a kennel or related facility. (Ord. 467 § 3. Code 1997 § 6-43)

4.05.590 Permit – Application fee.

Each applicant for a permit hereunder shall be accompanied by a fee, established pursuant to SLTCC 4.05.080, which shall be nonrefundable. (Ord. 467 § 3; Ord. 692 § 1. Code 1997 § 6-44)

4.05.600 Permit – Issuance or denial generally.

The director of health services shall authorize the issuance of or deny the issuance of any permit applied for on or before the thirtieth day from the date of application. The director shall issue a permit in the event that it is determined that the operation of a kennel as proposed would comply with each of the terms of SLTCC 4.05.630 and would meet the minimum standards for animal rooms and cages as established by the director. If, on the other hand, it is determined that such proposed operation would fail to comply with the terms of SLTCC 4.05.040 or would not meet the minimum standards for animal rooms and cages as established by the director, the director shall deny the issuance of such permit. In addition to those grounds for denial set forth herein, such director shall deny the issuance of any permit sought pursuant to an application which contains false or misleading information. Further, such director shall deny the issuance of any permit to a person who has been guilty of the criminal charge of cruelty to animals. (Ord. 467 § 1. Code 1997 § 6-45)

4.05.610 Permit – Revocation generally.

The director of health services shall revoke any permit held by a person who is found to have violated the terms of SLTCC 4.05.630. Further, such director shall revoke any permit held by a person who is found to be guilty of the criminal charge of cruelty to animals. (Ord. 467 § 3. Code 1997 § 6-46)

4.05.620 Permit – Reapplication after revocation or denial.

No person shall apply for the issuance of a permit hereunder within a period of six months following the date of denial or revocation of a kennel permit. (Ord. 467 § 1. Code 1997 § 6-47)

4.05.630 Operating requirements.

No person shall operate a kennel unless:

A. The kennel structure is maintained in a sound condition.

B. The kennel structure is maintained in a clean, orderly and sanitary condition.

C. All animals in such kennel are maintained in a clean condition.

D. All animals in such kennel are supplied with wholesome food and water often as the habits of the respective animals required.

E. All animals in such kennel are apparently healthy and free from any communicable disease.

F. The kennel structure is properly ventilated and heated. (Ord. 467 § 3. Code 1997 § 6-48)

4.05.640 Inspections.

The director of health services or the director’s agent shall have the right to inspect the premises of any kennel permitted to operate hereunder. Refusal by a permit holder to permit inspection of such premises shall constitute grounds for the revocation of any permit issued. (Ord. 467 § 3. Code 1997 § 6-49)

4.05.650 Security for livestock.

No person shall keep, maintain or allow to be kept or maintained livestock, including but not limited to cattle, sheep or domestic fowl on any premises or property within the city unless fencing in and upon such property is adequate, in the judgment of the animal control officer, to keep such animals from straying or escaping onto public property within the city from the private property upon which they are located. Such a judgment on the part of the animal control officer does not constitute architectural or design approval for such fencing if otherwise required by city code. (Ord. 548 § 6. Code 1997 § 6-49.1)

4.05.660 Penalties generally.

Any person violating any provision of this chapter is guilty of an infraction and, upon conviction, is punishable by a fine as set forth below:

A. Upon conviction of the first offense in one year, $50.00.

B. Upon conviction of a second offense in the same year, $100.00.

C. For the conviction of a third offense and all subsequent offenses in any one year, $200.00.

Every person violating any provision or provisions of this chapter shall be guilty of a separate offense for each day or portion thereof during which such violation or violations continues, and each such violation or violations shall be punishable as provided above. (Ord. 433 § 1; Ord. 467 § 4; Ord. 548 § 7. Code 1997 § 6-50)

4.05.670 Trial by written declaration.

A. Recipients of notice to appear citations issued for violation of SLTCC 4.05.230 relating to stray animals shall have the right to request a trial by written declaration through the El Dorado County municipal court to avoid the necessity of a personal appearance in court in the event they choose to contest the citation.

B. In any case where such a request is made, the defendant shall obtain the requisite request form(s) from the municipal court clerk and shall post the bail imposed through issuance of the citation at the time the form is submitted to the court.

C. The court shall review all written statements and evidence submitted, will render its decision and will notify the defendant of the verdict rendered.

D. Bail posted pursuant to subsection (B) of this section shall be refunded in the event a not guilty verdict is rendered. In the event a guilty verdict is rendered, bail shall be applied to the fine imposed.

E. All trial by written declaration proceedings shall be subject to the rules of court established by El Dorado County and/or the state of California, which may be amended from time to time.

REQUEST FOR TRIAL BY DECLARATION

Case Number: _____________________

Declaration Due: ___________________

I request and acknowledge as follows:

1. That this matter be set for hearing as a TRIAL BY DECLARATION.

2. I have been advised of, understand and waive the following Constitutional Rights:

(a) To see, hear and question witnesses against me.

(b) To subpoena witnesses on my own behalf.

3. Bail of $________ is/must be posted by ________________ and will be held in trust until the Judge makes a decision.

4. Upon receipt of my request for TRIAL BY DECLARATION, the arresting officer shall be notified to submit a written statement to the court.

5. No personal appearance will be made on trial date. Verdict will be based on written evidence in the file. Only a notice from arresting agency stating the arresting officer is not available to prepare a written declaration will be grounds for a continuance.

6. A written notice of decision will be sent to the address I have given within.

7. If I am found guilty, my bail will be used for the fine. If I am found not guilty, bail will be refunded.

NOTICE TO DEFENDANT: FAILURE TO SUBMIT WRITTEN DECLARATION AND BAIL BY DUE DATE WILL BE CONSIDERED FAILURE TO APPEAR AND WILL RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST.

Dated: ____________

(Use back of page for declaration.)

Current mailing address: _____________

(Ord. 802 § 1. Code 1997 § 6-51)