Chapter 6.04
GENERAL PROVISIONS

Sections:

6.04.010    Title for citation.

6.04.020    Definitions.

6.04.030    Director of Animal Control Services—Office established.

6.04.040    Director of Animal Control Services—Powers and duties.

6.04.050    Director of Animal Control Services—Delegation of duties.

6.04.060    Animal shelter.

6.04.070    Charges for services—Accounting and expenditure.

6.04.080    Stray animals.

6.04.090    Animal bite reporting.

6.04.100    Quarantine of biting dogs and cats.

6.04.110    Impoundment of other biting animals.

6.04.120    Sale or adoption of dogs and cats.

6.04.130    Biomedical livestock animal treatment standards.

6.04.010 Title for citation.

This title shall be known as the “animal control ordinance.” [Ord. 4490 § 1, 1998; Ord. 540, 1957; prior code § 8.05.100].

6.04.020 Definitions.

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this title are defined as follows:

(A)    “Adoption” means the establishment or transfer of an animal’s ownership.

(B)    “Animal” means any mammal, bird, reptile, fish or other vertebrate creature, domestic or wild.

(C)    “Animal at large” means:

(1)    Any dog found off the owner’s premises, that is not under actual physical restraint or control, such as a leash, tether, or in the grasp of a competent person;

(2)    Any dog while on the owner’s premises or the premises of a third party with the permission of that party, that is not confined to the premises either by a leash, tether, adequate fencing, or other adequate physical custody or control. A dog shall be considered under adequate physical custody or control if it has not left the premises of its owner or caretaker;

(3)    Any livestock or wild animal as referred to in SCCC 6.12.120, while on the owner’s premises, or the premises of a third party with the permission of that party, that is not confined to the premises either by a leash, tether, adequate fencing, or other adequate physical custody or control.

(D)    “Animal exhibitions” means to present any animal for public view, for the purpose of entertainment, sale or competition, and includes but is not limited to rodeos, circuses, zoos and animal auctions.

(E)    “Bucking strap” or “flank strap” means any device, strap or object generally made of leather and sometimes padded with a woolen lining, which is placed around the flank regions of a horse or bull, behind the rib cage and just forward of the hind legs, and which is tightened immediately before the animal is scheduled to perform.

(F)    “Cat” means any member of Felis domesticus and shall be considered personal property, to the extent permitted by law.

(G)    “Director,” unless otherwise stated, means the Director of Animal Control Services.

(H)    “Director of Animal Control Services” means the independent contractor or employee of the public agency having custody and control of the animal shelter and of animals therein, otherwise referred to as the poundmaster or poundkeeper.

(I)    “Dog” means any member of Canis familiarus or any combination of Canis familiarus and other Canis species including, but not limited to, dog hybrids.

(J)    “Dog hybrid” means any animal which is a cross between a member of the Canis familiarus family and a member of a different Canidae family such as wolves or coyotes.

(K)    “Euthanasia” means putting an animal to death in a humane manner.

(L)    “Habitual offender” shall mean that the offending animal has had three or more violations, involving separate incidences, of any provision of this title.

(M)    “Impounded” means having been received into the custody of the animal shelter, or of any authorized agent or representative thereof, or of any duly sworn law enforcement officer in the course of their duty.

(N)    “Livestock” means animals kept for husbandry, including but not limited to horses, mules, burros, asses, cattle, sheep, swine and poultry.

(O)    “Livestock facility” means any facility for the keeping of livestock.

(P)    “Owner” means any person who intentionally and continually provides care or sustenance for any animal, has title to or an interest in, harbors or has control of any animal, including, but not limited to, a dog or cat.

(Q)    “Person” means any natural person, association, partnership or corporation.

(R)    “Pet shop” means any person, firm or corporation engaged in a commercial business where small animals are kept for the purpose of either wholesale or retail sale. “Pet shop” does not include any place or premises not operated as a commercial business and where pet animals are only occasionally sold.

(S)    “Protective custody” means the status of any animal impounded by an animal control officer acting under the direction of a peace officer, or when an animal control officer acts to enforce a provision of the California Penal Code.

(T)    “Sexually unreproductive” means being incapable of reproduction by reason of age or physical condition, or incapable of being subjected to a medical procedure to be rendered unreproductive and certified by a licensed veterinarian as such.

(U)    “Unidentified dog” means any dog that does not have an identification tag, tattoo, or microchip that is securely fastened to, displayed upon and/or implanted in the animal.

(V)    “Unlicensed dog” means any dog for which a current license has not been paid or to which the tag provided for in this title is not attached.

(W)    “Vicious animal” means any animal, except a dog assisting a peace officer engaged in law enforcement duties, which bites any human being or any domestic animal or which threatens or attempts to bite or attack human beings or domestic animals, but does not include an animal which bites, attacks or threatens to bite or attack a trespasser on the property of its owner or harms or menaces anyone who has tormented, tortured or exhibited cruelty to such animal as such terms are defined in Section 599(b) of the California Penal Code. [Ord. 5179 § 2, 2014; Ord. 4673 § 1, 2002; Ord. 4490 § 1, 1998; Ord. 4503 §§ 1, 2, 1998; Ord. 4502 § 1, 1998; Ord. 3728 § 1, 1986; Ord. 3675 § 1, 1985; Ord. 2170, 1975; Ord. 540, 1957; prior code § 8.05.110].

6.04.030 Director of Animal Control Services—Office established.

The Office of Director of Animal Control Services is established. The Director of Animal Control Services may be either a person, firm, association or corporation, or an employee of a separate public agency or the County of Santa Cruz. Broad experience, education and/or training in the fields of animal control or animal management is desirable. The Director of Animal Control Services shall receive such compensation as shall be established by contract executed by the Board of Supervisors or by employee salary resolution. [Ord. 4673 § 2, 2002; Ord. 4490 § 1, 1998; Ord. 2170, 1975; Ord. 1220, 1966; Ord. 540, 1957; prior code § 8.05.120].

6.04.040 Director of Animal Control Services—Powers and duties.

The Director of Animal Control Services shall supervise the animal shelter, and the care of animals impounded therein, and shall administer and enforce the sections of this chapter and applicable State laws relative to animal control. [Ord. 4490 § 1, 1998; Ord. 2170, 1975; Ord. 540, 1957; prior code § 8.05.130].

6.04.050 Director of Animal Control Services—Delegation of duties.

Whenever a power is granted to, or a duty is imposed upon, the Director of Animal Control Services or other public officer, the power may be exercised by a person authorized pursuant to law by the said officer unless this chapter expressly provides otherwise. [Ord. 4490 § 1, 1998; Ord. 1447, 1969; prior code § 8.05.131].

6.04.060 Animal shelter.

All animals which are subject to being impounded, as provided in this title, shall be kept, safely held and, as authorized herein, disposed of, in a suitable building or enclosure which shall be known and designated as the “Santa Cruz County Animal Shelter.” [Ord. 4490 § 1, 1998; Ord. 2170, 1975; prior code § 8.05.125].

6.04.070 Charges for services—Accounting and expenditure.

(A)    All charges collected by the Director of Animal Control Services for impounding and keeping animals pursuant to this chapter, together with all sales proceeds received by the Director from the sale of animals impounded or brought in from the unincorporated area of the County, shall be paid over to the County.

(B)    All fees for the issuance of County dog license tags and all fines collected under the provisions of this chapter shall be paid into the County Treasury and shall be used:

(1)    First, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of Division 14 of the Agricultural Code, commencing with Section 30501, and of this chapter;

(2)    Second, to pay damages to owners of livestock which are killed by dogs;

(3)    Third, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code. [Ord. 4490 § 1, 1998; Ord. 2170, 1975; Ord. 1572, 1971; Ord. 1447, 1969; Ord. 1220, 1966; Ord. 595, 1959; Ord. 587, 1959; Ord. 540, 1957; prior code § 8.05.140].

6.04.080 Stray animals.

(A)    Every person except the Director of Animal Control Services or a designated deputy taking up any stray animal found at large contrary to the provisions of this chapter shall, within eight hours thereafter, give notice to the Santa Cruz County Animal Shelter of:

(1)    The fact that he has such animal in his possession;

(2)    A complete description of such animal, including tattoos or other distinguishing marks, if any;

(3)    The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state;

(4)    The place where such animal is confined.

(B)    The Director of Animal Control Services shall pick up and shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded. [Ord. 4490 § 1, 1998; Ord. 1220, 1966; Ord. 540, 1957; prior code § 8.05.150].

6.04.090 Animal bite reporting.

Whenever any person has knowledge that such animal has bitten any person, the person having such knowledge shall report that fact forthwith to the County Health Officer or to the Director of Animal Control Services or their deputies. The report shall state the name and address of the person bitten and the time and place such person was bitten, and the location, description, and ownership of the animal involved. [Ord. 4490 § 1, 1998; Ord. 3728 § 2, 1986; Ord. 1447, 1969; Ord. 1220, 1966; prior code § 8.05.160].

6.04.100 Quarantine of biting dogs and cats.

(A)    Whenever there is cause to believe that any dog or cat has bitten a person, the owner of that animal shall quarantine the animal for a period of 10 days. Whenever there is cause to believe that any other kind of animal has bitten a person, the Director of Animal Control Services shall consult with the County Health Officer before deciding whether to order the animal quarantined.

(B)    Unless the biting animal’s owner has proof of a current rabies shot, and the enforcement officer determines that the owner has the proper facilities in which to confine the animal adequately, biting dogs and cats shall be immediately quarantined at the owner’s expense at the animal shelter, at a veterinary facility, or at a boarding kennel. If a vaccination is determined to be necessary, the animal shall be vaccinated at the owner’s expense.

(C)    If the owner of such animal fails to quarantine the animal and keep it confined for the period required, the Director of Animal Control Services shall impound such animal for the required period and charge the owner for the impounding and keeping of such animal in accordance with SCCC 6.20.050 and 6.20.060, respectively. [Ord. 4490 § 1, 1998; Ord. 3728 § 3, 1986; Ord. 1447, 1969; Ord. 1220, 1966; prior code § 8.05.170].

6.04.110 Impoundment of other biting animals.

In conjunction with the County Health Officer, the Director of Animal Control Services may order the impoundment of any animal other than a dog or cat which has bitten any person. [Ord. 4490 § 1, 1998; Ord. 3728 § 4, 1986; prior code § 8.05.171].

6.04.120 Sale or adoption of dogs and cats.

(A)    Any person who provides or offers any dog or cat to the public, whether or not for compensation, shall provide to the prospective owner, free of charge, information relating to the vaccination status of the dog or cat. In addition, the provider shall supply to the client, free of charge, information related to pet care and ownership, including information on County laws pertaining to animal control and spay/neuter programs available in the County. This information will be prepared and made available either free of charge or at cost by the Director of Animal Control Services.

(B)    Any person offering a dog for sale, barter, exchange or adoption, whether or not for compensation, shall disclose to any prospective owner, information regarding the licensing requirements of the County applicable to such animal.

(C)    No person shall present any dog or cat for sale, barter, exchange or adoption, whether or not for compensation, in any public place. “Public place” includes, but is not limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets and areas in front of commercial establishments. This prohibition shall not apply to:

(1)    Any animal rescue or humane organization or agency recognized by the Director of Animal Control Services; or

(2)    Any cat breeder selling cats at a nationally sanctioned cat show.

(D)    No person shall give away any dog or cat as a prize or as an inducement to enter any contest, lottery, drawing, game or competition.

(E)    No person shall give away any dog or cat as an inducement to enter a place of business or to enter into a business arrangement. This prohibition shall not apply to any licensed veterinarian who offers dogs or cats for sale or adoption.

(F)    No person shall sell, barter, exchange or offer for adoption, whether or not for compensation, any dog or cat to any person who is under the age of 18, without the written permission of the minor’s parent or legal guardian. [Ord. 4490 § 1, 1998; Ord. 4305 § 4, 1994].

6.04.130 Biomedical livestock animal treatment standards.

(A)    The following provisions shall apply to those animals used in a biomedical livestock operation issued a development permit pursuant to SCCC 13.10.647:

(1)    No person shall use any procedure for animal care or treatment unless it is consistent with the most recently enacted or published provisions of the Federal Animal Welfare Act, the National Research Council’s “Guide for the Care and Use of Laboratory Animals,” and the American Veterinary Medical Association Euthanasia Guidelines. In the event of a conflict between these standards concerning the method of euthanasia to be applied, the standards contained in the American Veterinary Medical Association Euthanasia Guidelines shall prevail.

(2)    No person shall perform a dehorning, disbudding or castration on an animal without the use of local or general anesthetic.

(3)    Notwithstanding the standards established by subsection (A)(1) of this section, euthanasia shall be performed by either a licensed veterinarian, a registered veterinary technician, or a euthanasia technician trained and certified as prescribed by the State Humane Association of California. [Ord. 4524 § 1, 1998].