DRAFT ORDINANCE NO. 1-11

Transcription

1 DRAFT ORDINANCE NO AN ORDINANCE OF THE LAKE SHASTINA COMMUNITY SERVICES DISTRICT REGARDING ANIMAL CONTROL WITHIN DISTRICT BOUNDARIES. Article 1. Title and Scope Sec Title This ordinance shall be known as the Lake Shastina Community Services District (LSCSD) Animal Control Ordinance. Sec Application and Scope The provisions of this ordinance shall apply to the unincorporated area of the County known as Lake Shastina Community Services District (LSCSD) to any person, firm, or corporation owning, controlling, harboring, or keeping dogs, cats, domestic or exotic animals. Article 2. Office of Animal Control Sec Establishment of Office of Animal Control The Office of Animal Control is established. The Animal Control Officer may be a person, firm, association, corporation, or city and shall be appointed by the Board. The Animal Control Officer shall serve for such period, shall receive such compensation, and shall serve in all or a portion of the County as shall be established by resolution or by contract executed by the Board. Article 3. Definitions Sec Health Officer Wherever the term "Health Officer" is used in this ordinance, it means the County Health Officer or their authorized representative or the Lake Shastina Police Department Chief of Police. Sec Authorized Representative Wherever the term "authorized representative" is used in this ordinance, it shall mean a sanitarian registered in the State and working under the supervision of the Health Officer. Sec Animal Control Officer Whenever the term "Animal Control Officer" is used in this ordinance, it means the Lake Shastina Police Department Animal Control Officer or any authorized Lake Shastina Police Department employee/volunteer. Sec Police Whenever the term "Police" is used in this ordinance, it means the Lake Shastina Chief of Police or their authorized deputies. Animal Control Ordinance Second Reading Draft 11/17/11 Page 1 of 15

2 Sec Licensing Clerk Wherever the term "Licensing Clerk" is used in this ordinance, it means the Lake Shastina Police Department Animal Control Officer or their authorized employees/volunteers. Article 4. Duties of Health Officer Sec Duties of the Health Officer The Health Officer, or Animal Control Officer, shall maintain public office hours necessary to efficiently administer the applicable provisions of this ordinance, and amendments thereto, and shall perform the following duties: (a) Organize and hold low cost rabies vaccination clinics on an annual basis at convenient sites. Site locations shall be selected by the Health Officer or Animal Control Officer; (b) Receive completed copies of animal bite reports; (c) Maintain records and statistics regarding all animal bites involving humans; (d) Notify victims of results of the quarantine of a biting animal; (e) Collect and/or receive all samples of animals at officer s discretion, which are suspected to have died of rabies; (f) Send samples at officer s discretion of suspected rabid animals to the Department of Public Health Laboratories of the State for analysis; (g) Notify bite victims and/or appropriate physicians of the results of laboratory analyses; (h) Carry out a rabies education program; (i) Retain the prime responsibility for the administration of the provisions of this ordinance and render consultations to appropriate departments as necessary to carry out the effectiveness and intent of the provisions of this ordinance; and (j) Establish appropriate regulations necessary to effectively administer the provisions of this ordinance. Article 5. Duties of the Lake Shastina Police Department Chief of Police Sec Duties of the Chief of Police or Designee The Chief of Police or designee of the Health Officer shall maintain public office hours necessary to efficiently administer the applicable provisions of this ordinance, and amendments thereto, and shall perform the following duties: (a) Receive initial reports of animal bites and investigate the same; (b) Complete animal bite investigation report forms and issue quarantine notices where applicable; (c) Quarantine and release reported biting animals; enforce quarantine regulations as set forth by the Health Officer; (d) Forward, when requested, initial and completed copies of the animal bite report form to the Health Officer; and (e) Issue citations to appropriate persons when violations of the provisions of this ordinance or regulations pertaining thereto are brought to their attention. Article 6. Licensing Sec Licensing Required Any person residing within the boundaries of the LSCSD and owning or having charge, care, control or custody of one or more dogs shall pay for an annual license to keep such dogs. The license shall be Twenty-Five and no/100ths Dollars ($25.00) for each dog the age of four (4) months or older. If satisfactory proof is shown that Animal Control Ordinance Second Reading Draft 11/17/11 Page 2 of 15

3 any male dog has been neutered or any female dog has been spayed, the annual license fee shall be Twenty and no/100ths Dollars ($20.00). A multi-year license may be issued by the department, which may include incentives to encourage multi-year licensing. In the event the number of dogs exceeds four (4), the license shall be Fifty and no/100ths Dollars ($50.00) per unaltered dog, over four (4) dogs and Forty and no/100ths Dollars ($40.00) per altered dog, over four (4) dogs. In the event a dog owner requests a duplicate license, the cost for such duplicate license shall be Ten and no/100ths Dollars ($10.00). Dog License (4 months or older) Unaltered, up to four dogs Altered, up to four dogs Unaltered, over four dogs Altered, over four dogs Annual Fee $25 each $20 each $50 each dog over four dogs $40 each dog over four dogs Sec Duties of the Licensing Clerk The Licensing Clerk shall maintain the public office hours necessary to efficiently administer the applicable provisions of this ordinance, and amendments thereto, and shall perform the following duties: (a) Collect all dog license fees; (b) Issue dog license tags and receipts; (c) Provide an authorized representative at each low cost rabies vaccination clinic conducted by the Health Officer in order to collect dog license fees. Sec License Due Date The cost of such license shall commence from the rabies vaccination date and be payable to the LSCSD and shall be valid for one year or for a term as set forth by the LSCSD and shall be delinquent thirty (30) days thereafter; provided, however, new residents in the LSCSD owning or having the custody or control of a dog required to be licensed shall have thirty (30) days after taking up residence in which to obtain such license. LSCSD residents who obtain a dog shall have thirty (30) days to license the dog. Sec Late Licensing A late licensing penalty of fifty (50%) percent of the license cost shall be assessed after thirty (30) days past due. This penalty shall be in addition to the regular license cost. The license and the late licensing penalty shall be fully payable for a one year period. Sec License Form Each license issued pursuant to the provisions of this ordinance shall be signed by the Licensing Clerk or their representative and shall state the name, telephone number and residence address of the person to whom the license is issued, the date when issued, the expiration date, the number of the tag, and the breed, sex, approximate size, and coloration of the dog. A digital photograph of the animal shall be a part of the licensing process. Animal Control Ordinance Second Reading Draft 11/17/11 Page 3 of 15

4 Sec Required Records: Tags The Licensing Clerk shall keep a record of all licenses so issued, and with each dog license there shall be issued a durable metal tag with a unique number and imprinted with the words "Lake Shastina Community Services District". Sec License Tags to be Worn Such tags shall be securely affixed to a collar, harness, or other device worn by the dog and shall be worn by such dog. Sec Cat Registration Any person who owns or keeps any cat over four (4) months of age within the LSCSD may voluntarily register such cat pursuant to the provision of this article. Sec Application for Registration Application for registration of a cat shall be made in writing to the Animal Control Officer by the owner of the cat to be registered. Such application shall be on a form approved by the Animal Control Officer and shall be accompanied by a registration fee, the amount of which shall be $ Such registration fee may include a reduced rate of $5.00 for spayed or neutered cats and/or cats owned by persons sixty-two (62) years of age or older if all other requirements for registration under this article are met. The Animal Control Officer shall require the registration fee for the cat. Sec Action on Application Upon receipt of an application for registration of a cat, the Animal Control Officer shall register the cat in the records of the Animal Control Officer and issue a registration certificate to the owner. The registration certificate shall consist of a receipt and a serially numbered metallic identification tag stamped with an identifying number, the works "Lake Shastina Community Services District". Sec Registration Period Every registration certificate issued pursuant to this article shall be valid for one year. Sec License Receipts: Records The Licensing Clerk shall procure the number of tags necessary each year and shall keep a file wherein there shall be entered a duplicate copy of each license issued. Such license receipt shall be retained for a period of at least three year after expiration. Article 7. Rabies Vaccination Sec Rabies Vaccination Required Each person owning, having charge, care custody or control of a dog the age of four (4) months or older shall have such dog vaccinated by a licensed veterinarian with a rabies vaccine approved for use in the State of California. No dog shall be required to be vaccinated while such dog is afflicted with an illness or other condition, which, in the opinion of a licensed veterinarian, would be detrimental to the dog. Such animal shall be strictly confined to the premises of or kept under physical restraint by the owner for the duration of the Animal Control Ordinance Second Reading Draft 11/17/11 Page 4 of 15

5 illness or condition. Immediately following the termination of the illness or condition, such dog shall be vaccinated in accordance with the provisions of this ordinance. Should the annual license renewal fall due during such period of time, the License Clerk shall issue a dog license upon the presentation by the applicant of a recent letter from a licensed veterinarian indicating the reason for non-vaccination. Sec Puppies to be Confined All dogs under the age of four (4) months shall be strictly confined to the premises of, or kept under physical restraint by the owner, keeper, or harborer thereof. The provision of this section shall not prevent the sale or transportation of puppies four (4) months of age or younger. Sec Vaccination Certificates A valid rabies vaccination certificate shall be presented to the Licensing Clerk upon an application for an annual dog license. A valid rabies vaccination certificate shall be a requisite for the issuance of a dog license for each dog. Sec Vaccination Certificates: Issuance Any veterinarian, upon vaccinating any dog for rabies in the County, shall issue to each person presenting a dog for vaccination a numbered rabies vaccination tag and a completed certificate of vaccination approved by the Health Officer. The licensed veterinarian shall provide a legible copy of such vaccination certificate to the Lake Shastina Police Department/LSCSD within thirty (30) days. Sec Vaccination Tags to be Worn The rabies vaccination tag issued by the veterinarian to the owner of the dog shall be securely affixed to a collar, harness, or other device permanently worn by that dog. The dog owner shall retain the vaccination certificate issued by the veterinarian as a permanent record for the length of time the vaccination is in force. Sec Unlawful Tags No person shall attach or keep upon any dog any other license tag except the license tags issued for such dog pursuant to the provisions of this ordinance. Article 8. Care Shelter Sec Animal Control Care Shelter Provided There shall be provided by the LSCSD Board, maintained and controlled by the Animal Control, a suitable building or enclosure to keep and safely hold all animals subject to impoundment, which shall be known and designated as the Animal Shelter. Article 9. Impoundment, Reclaiming, Adoption; Fees Sec Impounding and Destruction of Dogs It shall be the duty of all peace officers employed by the LSCSD, the Animal Control Officer and LSCSD volunteers to take up, impound, and safely keep or destroy all dogs found within the area of the LSCSD which have not been properly vaccinated and licensed as required by this ordinance or which are found running free or Animal Control Ordinance Second Reading Draft 11/17/11 Page 5 of 15

6 at large within the LSCSD. All peace officers of the State are authorized to proceed under the provisions of this section. Sec Adoption of Animals When any animal is so impounded, the animal may be adopted to a new owner after the ten (10) days holding period has been satisfied. Every person that adopts a dog from the animal shelter shall be charged an adoption fee of Forty and no/100ths Dollars ($40.00) for each adopted dog. Every person that adopts a cat from the animal shelter shall be charged an adoption fee of Twenty and no/100ths Dollars ($20.00) for each adopted cat. The adoption fee is nonrefundable except as follows. If the animal is found to be ill or incompatible with the adoptive family within two (2) weeks of the date of adoption, the person adopting the animal may return the animal and submit a written request to the Animal Control Officer for refund of the adoption fee. The Animal Control Officer, or their designee, shall review the request and grant or deny the request, in officer s discretion, and provide a written response to the applicant within thirty (30) days of receipt of the request. No animal shall be adopted from the animal shelter unless spayed or neutered. If the animal is too young to be spayed or neutered, a refundable spay/neuter deposit of Forty and no/100ths Dollars ($40.00) shall be charged in addition to the adoption fee. The money so received under this section shall be deposited in the Animal Control Spay and Neuter Fund to be used by the Department for the continuance of the spay and neuter program. Sec Reclaiming Animals The owner of any impounded animal shall have the right to reclaim such animal at any time after the provisions of this ordinance, and regulations pertaining thereto, have been complied with, and prior to the lawful disposition thereof, upon the payment to the Animal Control Officer of the costs and charges set forth in this ordinance for the impounding and keeping of such animals. Sec Fines and Charges Upon Impounded Animals (a) The Animal Control Officer shall charge, receive and collect the following fines and charges upon impounded animals: (1) Twenty-five and no/100ths Dollars ($25.00) for the first impoundment plus an additional Thirty-five and no/100ths Dollars ($35.00) if unaltered; (2) Fifty and no/100ths Dollars ($50.00) for the second impoundment within one year plus an additional Fifty and no/100ths Dollars ($50.00) if unaltered; (3) Seventy-five and no/100ths Dollars ($75.00) for the third impoundment within one year plus an additional One Hundred and no/100ths Dollars ($100.00) if unaltered; (4) One Hundred and no/100ths Dollars ($100.00) for each impoundment after the third impoundment within one year plus an additional One Hundred and no/100ths Dollars ($100.00) if unaltered; (5) Twenty and no/100ths Dollars ($20.00) per day per animal for feeding and caring for such animals. (b) The Animal Control Officer shall keep the required record of each dog impounded. (c) Animals taken into custody by the Animal Control Officer pursuant to the provisions of this ordinance shall be kept to satisfy the minimum mandated requirement of State law or regulation. All animals unclaimed thereafter shall be determined abandoned. (d) All animals determined abandoned pursuant to the provisions of this section shall be adopted in accordance with the provisions of Section 9.02 or disposed of in accordance with the provisions of Section 9.05 of this ordinance. Animal Control Ordinance Second Reading Draft 11/17/11 Page 6 of 15

7 Sec Destruction of Impounded Animals It shall be the duty of the Animal Control Officer, and he is authorized, to destroy any animal lawfully impounded which is unclaimed. The destruction procedure shall be humane and shall be set forth by the Health Officer upon approval by the Board. The Health Officer shall draft an administrative procedure for the destruction of unclaimed animals, which procedure shall be filed with the LSCSD Clerk upon approval by the LSCSD Board. Sec Account of Sums Collected The Animal Control Officer shall pay to the LSCSD Treasurer all sums collected pursuant to the provisions of this ordinance. Article 10. Rabies Sec Rabies and Animal Bites: Repo Any person having knowledge of the whereabouts of an animal known to have, or suspected of having, rabies shall report the facts immediately to the Health Officer, Lake Shastina Police Department or Animal Control Officer. The Health Officer, Lake Shastina Police Department or Animal Control Officer shall be notified immediately whenever a person has been bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. Sec Isolation of Rabid Animals or Clinically Suspected Rabid Animals Any rabid animal, or clinically suspected rabid animal, shall be isolated in compliance with the provisions of subsection (1) of subsection (b) of Section 2606 of Title 17 of the California Code of Regulations. Sec Confinement of Biting Animals Any animal susceptible to rabies which has bitten or is suspected of having bitten a person shall be strictly confined upon the private premises of the owner under restraint as provided by Section 2606, Title 17 of the California Code of Regulations or may be impounded and quarantined by the LSCSD at the cost and expense of the owner until it can be ascertained whether the animal in question is rabid. Any animal susceptible to rabies which has bitten or is suspected of having bitten a person, and is not protected, to the satisfaction of the LSCSD by a current rabies vaccination, may be impounded by the LSCSD at the expense of the owner until it can be ascertained whether the animal in question is rabid. Any violation of the provisions of this section shall be a misdemeanor. Sec Charge to Animal Owner for Animal Bite After investigation, any animal owner whose animal has bitten another person may be charged One Hundred and no/100ths Dollars ($100.00) to defray the cost of processing and investigating the animal bite incident, at the discretion of the Chief of the Department. Article 11. Dead Animals; Abandoned Animals Sec Disposal of Dead Animals It shall be the duty of all persons having a dead animal creating a health hazard or a nuisance upon their premises, or who shall be the owner or possessor of any dead animal which died within the LSCSD, to have Animal Control Ordinance Second Reading Draft 11/17/11 Page 7 of 15

8 such animal disposed of by a licensed animal facility, or bury such animal underground at a sufficient depth to allow for a least four (4') feet of backfill earth cover, with the exception of dogs, cats, and/or fowl which shall be buried at a sufficient depth to allow for at least two (2') feet of backfill earth cover. Such burial shall be either upon the premises of such owner, or upon the premises where such dead animal is found, or by other means acceptable to the Health Officer. Dead animals shall be properly disposed of within forty-eight (48) hours after they die. For the purposes of this section, a dead animal shall be considered to be an animal in whole or parts thereof. Sec Dumping Animals Forbidden Dead animals shall not be dumped or deposited upon any dump or dumpsite in the LSCSD, except in an appropriate site approved and so designated by the Department of Public Health or Police. Sec Abandoning Animals Forbidden No live animal shall be abandoned in or upon public or private premises, land, building, structures or dump sites in the LSCSD. Unwanted animals shall be taken to the appropriate Animal Control Center or humane shelter for lawful surrender during regular business hours or shall be disposed of by other means acceptable to the Health Officer. Article 12. Potentially Dangerous and Vicious Dogs Sec Potentially Dangerous and Vicious Dogs (a) "Potentially dangerous dog" means any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36) 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 causing a less severe injury than as defined in Section of the Food and Agriculture Code; (3) Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) 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. (b) "Vicious dog" means any of the following: (1) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section of the Penal Code; (2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; (3) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior, described in Section or is maintained in violation of Section 31641, 32642, or of the Food and Agricultural Code. Sec Declaration of Dog as Potentially Dangerous or Vicious: Appeal to Superior Court: Filing Fee (a) If the Animal Control Officer or other enforcement officer has investigated and determines that there exists probable cause to believe that a dog is potentially dangerous or vicious, the Animal Control Officer or head of the local law enforcement agency, or their designee, shall provide written notice to the owner or keeper of the dog that such a determination has been made. The notice shall advise the owner or keeper of the dog that a hearing will be held, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The notice of the hearing and a copy of the petition shall Animal Control Ordinance Second Reading Draft 11/17/11 Page 8 of 15

9 be served either personally or by first class mail, return receipt requested. The hearing shall be held no less than five (5) working days nor more than ten (10) working days after the service of notice upon the owner or keeper of the dog. The hearing board shall be comprised of the Public Health Officer, the Chief of Police, and the Agricultural Commissioner, or one of their designees. (b) Following the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail by the hearing entity. If the petitioner or the owner or keeper of the dog contests the determination, he or she may, within five (5) days of the receipt of the notice of determination, appeal the decision to the Superior Court. The fee for filing an appeal shall be Twenty and no/100ths Dollars ($20.00) payable to the Court Clerk. The notice of appeal shall be served personally or by first class mail upon the other party. (c) The court hearing the appeal shall conduct a hearing de novo and make its own determination as to the potential danger and viciousness of the dog. The determination of the court shall be final and conclusive upon all parties. Sec Determination: Exclusions (a) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. (b) No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal, which at the time the injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. (c) No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. Sec Licensing of Potentially Dangerous and/or Vicious Dogs: Disposition (a) Any dog, which has been determined to be potentially dangerous or vicious, shall be properly licensed and vaccinated. The designation of potentially dangerous or vicious shall be included in the registration records of the dog. The LSCSD Animal Control Officer shall charge Ninety and no/100ths Dollars ($90.00) in addition to the regular license fee charged in for the first year's license following designation as potentially dangerous or vicious and an additional Forty and no/100ths Dollars ($40.00) each year thereafter. (b) A dog determined to be potentially dangerous or vicious, shall, at all times, be kept in accordance with restrictions as imposed by order of the Animal Control Officer. (c) If the potentially dangerous or vicious dog dies, is sold, transferred, or permanently removed from the LSCSD where the owner or keeper resides, the owner shall notify the Animal Control Officer in writing within two (2) working days. Sec Vicious Dogs A dog determined to be a vicious dog may be destroyed by the Animal Control Department when it is found after proceedings conducted under Section that the release of the dog would create a significant threat to the public health, safety and welfare. If it is determined that the dog found to be vicious shall not be destroyed, the appeals board shall impose conditions upon the ownership of the dog that protects the public health, safety and welfare. Animal Control Ordinance Second Reading Draft 11/17/11 Page 9 of 15

10 Licensing and registration requirements for a vicious dog that is not destroyed shall be as set forth in LSCSD Code Section Sec Violations: Penalties In addition to any other penalties provided by this Code or State law, violations involving a potentially dangerous dog shall be punished by a fine not to exceed Five Hundred and no/100ths Dollars ($500.00). Violations involving a vicious dog shall be punished by a fine not to exceed One Thousand and no/100ths Dollars ($1,000.00). Article 13. Rabies Treatment and Eradication Fund Sec Rabies Treatment and Eradication Fund Pursuant to Section et seq. of the California Health and Safety Code, there is created the Rabies Treatment and Eradication Fund. Sec Rabies Treatment and Eradication Fund: Administration The Chief of Police or their designee shall administer the Rabies Treatment and Eradication Fund subject to the approval of and through the LSCSD Board. Fund expenditures shall be based upon the actual expenditures arising from a declaration of a rabies quarantine within the LSCSD. Sec Disposition of Fines Pursuant to Section of the Health and Safety Code of the State, one-half ( 1/2) of all fines collected by any court or judge for violation of the provisions of this chapter shall be placed to the credit of the Rabies Treatment and Eradication Fund of the Community Service District, except as provided in Section Sec Disposition of Dog License Revenue Pursuant to Section of the Health and Safety Code of the State, all moneys collected for dog licenses shall be deposited to the credit of the LSCSD. Sec Disposition of Money Received from the Animal Control Officer All money collected from and by the Animal Control Officer shall be deposited to the LSCSD General Fund. Article 14. Animals at Large Sec Dogs at Large No persons shall cause, permit or allow any dog to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such dog, nor shall any person cause, permit, or allow any dog to be upon any street or other public place or common area unless the dog is restrained by a substantial leash, except: (a) When such dog is assisting a law enforcement officer in the performance of police work. (b) When such dog is assisting a duly authorized person in an official search and rescue operation. (c) When such dog is assisting the owner in working, herding, or controlling livestock. Animal Control Ordinance Second Reading Draft 11/17/11 Page 10 of 15

11 (d) When such dog is assisting the owner in hunting on private property with the consent of the owner, lessee or other person in control thereof. (e) When such dog is participating in a dog training class, exhibition or competition, or an ongoing training program related thereto, under the direction and control of a dog trainer or other qualified person on public property with the consent of the owner, lessee or other person in control thereof. (f) When such dog is accompanying the owner or other person in control of such dog with the consent of the owner. (g) The requirements of this section shall be in addition to all other restrictions applying to dogs and the owners of dogs within the LSCSD, and any violation of the provisions of this section shall be a misdemeanor with a minimum fine of Fifty and no/100ths Dollars ($50.00) and may result in the impounding of the dog. Sec Dog Nuisances Prohibited No owner of any dog, except a totally or partially blind person, deaf or hearing impaired person, or handicapped person using an assistance dog, shall permit or allow such dog to do any of the following: (a) Defecate on any public road or street or other public property without immediately cleaning or removing the excrement to a proper receptacle. (b) Defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control thereof. (c) The requirements of this section shall be in addition to all other restrictions applying to dogs and the owners of dogs within the LSCSD, and any violation of the provisions of this section shall be a misdemeanor with a minimum fine of Fifty and no/100ths Dollars ($50.00) and may result in the impounding of the dog. Sec Public Nuisances Prohibited (a) No owner of any animal shall do any of the following: (1) Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise. (2) Permit such animal to damage or trespass on public or private property. (3) Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons. (4) Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare. (b) Any violation of this section is hereby declared to be a public nuisance. (c) Whenever the Animal Control Officer or law enforcement officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Animal Control Officer may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the Animal Control Officer shall investigate the alleged nuisance; provided, however, that where there is only one (1) person residing or affirmation of only that one (1) person shall be required for the Animal Control Officer to that a public nuisance exists, the Animal Control Officer may immediately refer the matter to the District Attorney for prosecution of the public nuisance. (d) Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section. (e) The requirements of this section shall be in addition to all other restrictions applying to dogs and the owners of dogs within the LSCSD, and any violation of the provisions of this section shall be a misdemeanor with a minimum fine of Fifty and no/100ths Dollars ($50.00) and may result in the impounding of the dog. Animal Control Ordinance Second Reading Draft 11/17/11 Page 11 of 15

12 Sec Injuring or Teasing a Police Dog No person shall injure, tease, agitate, kick, strike, torture or otherwise interfere with any police dog while the dog is in the custody of or being used by a law enforcement officer in the performance of their official duties. As used in this section, police dog shall mean any dog specially trained for assistance to law enforcement officers. Sec Violations; Penalties In addition to any other fines and penalties provided by this Code or State law, violations of Section shall result in a fine as follows (regardless of the number of animals that may be involved in any single violation): (a) First violation: One Hundred and no/100ths Dollars ($100.00); (b) Second violation: Two Hundred Fifty and no/100ths Dollars ($250.00); (c) Third and subsequent violations: Five Hundred and no/100ths Dollars ($500.00) per occurrence. Sec Exotic Animals at Large No person shall permit or allow any exotic animal to run at large. Article 15. Enforcement Sec Administration and Enforcement The Health Officer, Chief of Police, and Animal Control Officer shall administer and enforce the provisions of this ordinance. Sec Right of Entry Any official designated to administer and enforce the provisions of this ordinance may enter upon all private and/or public premises for the purpose of enforcing the provisions of this ordinance. Sec Interference with Officials No person shall interfere with any official designated to administer and enforce the provisions of this ordinance, or regulations pertaining thereto, in the performance of their official duties. Any violation of the provisions of this section shall be a misdemeanor. Sec Animal Kept in Vehicles (a) An animal shall not be confined in a vehicle unless there is adequate ventilation, and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a manner that threatens its health, any Animal Control Officer or Peace Officer may enter the vehicle by whatever force is necessary to release the animal without liability upon the LSCSD or any person for resulting damage. (b) Any person who owns or has custody or control of an animal that has been confined in a vehicle in a manner that threatens its health may be charged with a violation. (c) Any animal that has been confined in a vehicle in violation of this section may be impounded pending a hearing to determine if the animal shall be returned to its owner. In the event of any such impoundment, the owner or keeper of the animal shall be liable for all costs and expenses of impounding or keeping the animal. Animal Control Ordinance Second Reading Draft 11/17/11 Page 12 of 15

13 Sec Cruelty to Animals Prohibited (a) No person shall tease or torment any animal. (b) No parent shall allow or permit their minor child to tease or torment any animal. (c) The provisions of Penal Code Section shall be operative within the LSCSD. Sec Refusal to Present Animals for Inspection Prohibited No person shall fail or refuse to comply with any order of the LSCSD Animal Control Officer under this title to present an animal for inspection. Sec Owner s Control of Dog Required in Public Park, Playground, except as noted in Sec No person owning or otherwise having a dog in their care, charge, control, custody or possession except a service or assistance dog, shall cause, permit or allow such dog to be in or upon any public park or playground unless such dog is under the immediate control of that person. Dogs shall be prohibited in public parks, playgrounds or events so designated and posted by the Police Department. Sec Female Dogs in Heat-Confinement Female dogs in copulation season shall be kept confined to the owner s or custodian s premises. Sec Interference with Animal Control Officer (a) No person shall interfere with, oppose or resist the Animal Control Officer while he or she is engaged in the performance of any act authorized by this title. (b) No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by any government police agency or private patrol service in the performance of the functions or duties of such department, or interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any of the functions or duties of said department or of such officer or member. Sec Loud Noises-Nuisance No person shall allow any animal to habitually make loud noise or act in such a manner as to constitute a public nuisance. Sec Records of Impounded Animals The Animal Control Officer shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of its disposal, and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing (adoption) thereof, together with the number of any tag, and the date of any license exhibited or issued upon the redemption or sale of any such animal. Sec Authority of Police Officers In addition to the power vested in the Animal Control Officer for the impoundment of animals found at large or otherwise in violation of this title, any peace officer is empowered to impound such animal and to turn such animal over to the Animal Control Officer for impoundment. Animal Control Ordinance Second Reading Draft 11/17/11 Page 13 of 15

14 Sec Notification to Owner The Animal Control Officer shall immediately upon impoundment of dogs, or other animals, make every reasonable effort to notify the owners of such dogs, or other animals, impounded, and inform such owners of the conditions whereby they may regain custody of such animals. If the animal has a valid license, the owner may be notified. Such notice shall be delivered by phone, , in person, or by mail (properly addressed and postage prepaid, with the U.S. Postal Service). Sec Dead Animal Defined "Dead Animal", as used in this ordinance, means the dead body of any animal. Sec Unlawful Disposal Prohibited (a) It is unlawful for any person owning or having control of a dead animal to permit such dead animal to remain unburied for a period in excess of forty-eight hours. (b) It is unlawful for any person owning or having control of a dead animal to place the body in any street, park or public place or in any public refuse receptacle. Sec Exceptions This ordinance shall not apply to any animal killed for the purpose of consumption, provided that the remains of such dead animal are processed in such a manner as to prevent such dead animal from spoiling. Sec Cost of Removal In addition to any other penalty in this ordinance, the LSCSD shall be entitled to dispose of any dead animal coming within the prohibitions of this ordinance if such animal remains unburied for a period in excess of fortyeight hours and/or is placed in any street, park, public place, or in any public refuse receptacle. Such costs of removal and burial shall be a lien and charge against the owner and person in control of such animal immediately prior to its death. The LSCSD shall attempt to contact the owner of such dead animal prior to disposing of same. Fees shall be established pursuant to a resolution of the LSCSD Board. Sec Non-Liability of LSCSD No liability shall be incurred by the LSCSD for the disposition of any animal made pursuant to the provisions of this ordinance. Sec Violation-Penalty Any person violating any of the provision of this ordinance is guilty of a misdemeanor. Sec Alternative Actions Available Nothing in this ordinance shall be deemed to prevent the LSCSD from ordering the commencement of an administrative citation or civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to them under provision of applicable ordinances or state law to correct violations in addition to or as alternatives to the proceedings set forth in this title. Animal Control Ordinance Second Reading Draft 11/17/11 Page 14 of 15

15 Sec Violation-Public Nuisance It is declared that the keeping, harboring or maintaining of any animal in violation of the provisions of this ordinance constitutes a public nuisance and is unlawful. In addition to all other remedies available to the LSCSD, whether criminal, civil, at law or in equity, any nuisance may be abated pursuant to this code or in any other manner provided by law. ******************************************** It is hereby certified that the foregoing Ordinance No was duly introduced at a regular meeting of the Lake Shastina Community Services District on the 16th day of November 2011 and adopted at a regular meeting of the Lake Shastina Community Services District on the 21st day of December ROLL CALL VOTE: AYES: NOES: ABSTAIN: ABSENT: ATTEST Tom Wetter, LSCSD President John McCarthy, LSCSD Secretary Animal Control Ordinance Second Reading Draft 11/17/11 Page 15 of 15