CHAPTER 1. ANIMALS

5-1.01 Adoption by Reference of County's Animal Control Code.

The Contra Costa County Animal Control Ordinance, Division 416 of the Contra Costa County Code, is adopted by reference in its entirety and incorporated herein. The provisions of this chapter shall be enforced by the Contra Costa County Animal Services Department pursuant to the agreement between the City of Walnut Creek and the County. (§3, Ord. 2184, eff. 8/10/18)

5-1.02 Penalties.

Pursuant to Food and Agriculture Code Section 31401, violations of Division 416 of the Contra Costa County Code as adopted by reference and incorporated herein, but excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than fifty dollars ($50.00) for the first offense, and not more than one hundred dollars ($100.00) for the second or subsequent offense.

Violation of Chapter 416-10 (Rabies Control), except for the provisions of Section 416-10-010(b), is a misdemeanor. Violation of Section 416-10.010(b) is subject to Article 416-4.6 of Division 416.

Violation of Section 416-4.404 (Abandonment), excluding abandonments under Section 416-8.014, is a misdemeanor. Except as otherwise provided by State law, every misdemeanor violation is punishable upon conviction by confinement in the County jail for a period not to exceed six (6) months, or a fine not exceeding one thousand dollars ($1,000.00), or by both such fine and imprisonment.

Violation of Article 416-12.1 (Nuisance) is an infraction. Except as otherwise provided by State law, every infraction violation is punishable upon conviction by:

a. A fine not exceeding one hundred dollars ($100.00) for a first violation;

b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year;

c. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

Article 416-4.8 of Division 416 provides for administrative fines that the Animal Services Department may impose, enforce, and collect to address any violations of Division 416.

a. For a continuing violation, the amount of the fine is one hundred dollars ($100.00) for the first notice of fine. If the owner fails to correct the violation after the first notice of fine, and a second notice of fine is issued in the same year, the amount of the fine in the second notice is two hundred dollars ($200.00). If the owner still fails to correct the violation after the second notice of fine, the amount of the fine is five hundred dollars ($500.00) for each additional notice of fine that is sent within one (1) year.

b. If the violation is not a continuing violation, the amount of the fine is one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation of the same section within one (1) year, and five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

The County Animal Services Department may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation for Section 416-12.202 based on either or both of the following:

a. An observation of the violation by a Department employee.

b. A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noise animal.

It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of Article 416-12.4, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five (5) years.

Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public's health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Section 416-12.438. A convicted felon under Article 416-12.4 shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. "Misuse" by a convicted felon means use of a dog in a threatening or aggressive manner, or in the commission of a crime. (§3, Ord. 2184, eff. 8/10/18)

5-1.03 Request Enforcement in City.

The County ordinance referred to and hereby adopted contains the provisions of those sections of the California Food and Agricultural Code referred to in Section 30501, and therefore this chapter constitutes the City's request that the provisions of this County ordinance be applicable within this City, and they shall hereafter so apply, pursuant to Food and Agricultural Code Section 30501. (§3, Ord. 2184, eff. 8/10/18)