You can find all Kings County Ordinances here.

Sec. 4-1. Creation of animal control section.

There shall be a division of animal control in the county sheriff's office, under the direction of the animal control supervisor. It shall be the duty of the division of animal control to enforce the provisions of this chapter.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-2. Short title.

This chapter shall be known as "The Animal Control Ordinance".

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-3. Definitions.

As used in this chapter, all words shall have their usual meaning except that the following words or terms as used in this chapter shall be defined as follows:

Agent shall mean any agency, society or other organization or representative of any agency, society or other organization with which the county has contracted to carry out the provisions of this chapter.

Altered shall mean a spayed female dog or cat or a neutered male dog or cat.

Animal control officer shall mean the animal control division supervisor or any person employed by the County under the supervision of the animal control officer or the sheriff's office for the purpose of enforcing the animal control laws and regulations.

Animal shelter shall mean any animal shelter, temporary animal shelter, or shelter vehicle owned by or on behalf of the County of Kings, for animal control purposes, whether maintained directly by the county or its agents.

Competition dog shall mean any dog which is used to show, to compete or to breed, which is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), America Dog Breeders Association (ADBA), or valid registry approved by the animal control officer and meets one of the following requirements:

(1)     The dog has competed in at least one dog show or sporting competition sanctioned by a national registry or approved by the animal control officer, within the last 365 days;

(2)     The dog earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from the AKC, UKC, ADBA, or other registry or dog sport association approved by the animal control officer; or

(3)     The owner or custodian of the dog is a member of a purebred dog breed club, approved by the animal control officer, which maintains and enforces a code of ethics for dog breeding that includes restrictions from breeding dogs with genetic defects and life threatening health problems that commonly threaten the breed.

County shall mean the unincorporated area of the County of Kings.

County health officer shall mean the Kings County Health Officer, or his designee.

Diseased or injured animal shall mean any animal not suspected of rabies which is apparently diseased, sick, injured, disabled, infirm or crippled.

Domestic animals shall mean dogs, cats, small mammals, reptiles, amphibians and birds that are kept and maintained as household pets.

Fowl shall mean chickens, turkeys, emus, ostriches, and all other domestic or domesticated fowl other than household pets.

Harboring. A person "harbors" a dog or cat within the meaning of this chapter when he feeds or shelters the dog or cat for a period of 30 days or more.

Kennel shall mean any place or premises where ten or more dogs or cats or combinations thereof, over the age of four months, are kept. For the purposes of the chapter, "keeping" includes boarding, grooming, breeding, training, sale and related purposes other than places maintained by a licensed veterinarian.

Livestock shall mean horses, ponies, mules, burros, jacks or jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

Owner shall mean any person, association, firm or corporation owning, having an interest in, or having control, custody, or possession of any animal.

Public service/military dog shall mean any dog that was appropriately trained and is now being used as or has retired from being used as a search and rescue dog or by law enforcement or the military. This includes dogs designated as breeding stock for search and rescue, law enforcement, or military purposes by an agency or organization approved by the animal control officer.

Rescue group shall mean any organization that provides temporary housing and care for domestic animals with the purpose of placing those animals with a new and permanent owner.

Running at large. A dog "runs at large" within the meaning of this chapter when it is on private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash continuously held in the hand of a responsible person capable of controlling such dog in compliance with section 4-66.

Service dog shall mean any guide dog or seeing-eye dog which was trained by a person licensed under Chapter 9.5 (commencing with section 7200) of Division 3 of the Business and Professions Code, a signal dog or other dog individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing, pulling a wheelchair or fetching dropped items.

Unaltered shall mean a dog or cat that is neither spayed nor neutered.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-4. Inspection of animals; penalty for failure to comply.

Any person who has an animal in his possession, custody, or control and who willfully fails or refuses to exhibit the animal or any required license for inspection upon demand by the animal control officer or any peace officer is guilty of an infraction.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-5. Privileged entry.

For the purpose of enforcing or discharging the duties imposed by this chapter, Health and Safety Code section 121625, Government Code section 53074, or other applicable law, the animal control officer or any peace officer may enter upon private property, except dwellings, as follows:

(1)     When in pursuit of any animal which the officer has reasonable or probable cause to believe is subject to impoundment.

(2)     To impound or place in isolation or quarantine any animal which the officer has any cause whatsoever to believe or suspect has rabies or is a biting animal.

(3)     To inspect or examine, during daylight hours only, animals isolated on the property.

Except when time does not permit, such as in an emergency or when in fresh pursuit, before entering upon private property reasonable effort shall be made to locate the property owner or possessor to request permission to enter upon the property and to explain the purpose for entry.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-6. Unlawful conduct in the care of animals, cruelty.

It is unlawful for any owner or any person who has an animal in his possession, custody, or control to permit, either willfully or through failure to exercise due care or control, any cruel acts upon the animal as defined as follows:

(1)     To place or leave any poisonous substance where it is accessible to animals, or to otherwise expose the animal to any poisonous substance.

(2)     To have or harbor any animal which is infected with any dangerous, incurable or painfully crippling condition. All such animals will be impounded by the animal control officer. This section does not apply to animals in veterinary hospitals, under the care of a veterinarian, or when the veterinarian has concluded that impoundment or quarantine is not recommended.

(3)     To fail, refuse or neglect to provide any animal with food, drink, shade, or weatherproof housing.

(4)     To restrain a dog by tether, fasten, chain, tie or otherwise to a doghouse, tree, fence or other stationary object unless that dog is restrained in accordance with Penal Code section 597t and is restrained:

a.        On a running line, pulley or trolley system but only if the dog's collar is not a choke or pinch collar;

b.       No longer than necessary for the owner or person in possession to complete a temporary task but in no case longer than three hours within a 24-hour period;

c.        In compliance with the requirements of a camping or recreational area;

d.       While the dog is engaged in, or is actively training for, an activity pursuant to a valid license issued by the State of California if that activity is associated with the use or presence of a dog;

e.       While the owner of person in possession is actively engaged in activities related to cultivating agricultural products if the restraint is for the safety of the dog or shepherding and herding;

f.        As otherwise allowed by Health and Safety Code section 122335.

(5)     To carry or restrain any animal in, upon, or in connection with any vehicle that places the animal in reasonable likelihood of injury.

(6)     To willfully or maliciously kill, maim, disfigure, tease, torture, beat, mutilate, burn, scald, hit or drive over with a vehicle or otherwise injure any animal. This section does not apply to anyone who uses reasonable force to drive off vicious and/or trespassing animals.

(7)     To keep any animals in a foul, offensive, obnoxious, filthy or unsanitary condition.

(8)     For any person, business, or organization of whatever nature, to give away any live vertebrate animal as a prize for, or as an inducement to enter, any contest, game or other competition; or as an inducement to enter a place of amusement; or as an incentive to enter in any business agreement.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-7. Interfering with duties of animal control officer.

Every person who breaks open an animal shelter, temporary shelter or shelter vehicle, or who willfully resists, delays, or obstructs the animal control officer in the discharge of, or attempt to discharge, any duty of his office, is guilty of a misdemeanor.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-8. Enforcement provisions.

In addition to other authority provided by law for making arrests, the animal control officer and his deputies are hereby designated as public officers and employees and are authorized to make arrests according to Penal Code, Section 836.5 for the purpose of enforcing and carrying out provisions of this chapter.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-9. Liability.

All animals impounded shall be kept at the risk of the owner, and neither the county nor its officers, agents or employees, shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the animal. Neither the county, nor its officers, agents or employees shall be liable for injury or disease to any animal incurred while the animal is being captured, transported, or impounded.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-10. Penalty.

Except as otherwise specifically provided in this chapter, any person violating or failing to comply with any provision of this chapter or any rule or regulation of the animal control officer or any peace officer shall be guilty of an infraction punishable pursuant to the provisions of section 1-8.1 of this Code.

This shall be in addition to any criminal or civil liability that may arise from violations of the California Constitution, codes, statutes, and regulations.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-11. Written notice to appear.

(a)      Any person arrested for violation of this chapter shall be given the opportunity to sign a written notice to appear with his promise to appear pursuant to Section 836.5 of the Penal Code. Any person refusing to sign a written notice to appear with his promise to appear may be taken into custody.

(b)      Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-12. Violation of promise to appear.

(a)      Any person willfully violating his written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(b)      Any person willfully failing to pay a lawfully imposed fine for a violation of any provision of this chapter within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of the full payment of the fine after such time.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-13. Severable provisions.

If any part of this chapter is found to be unconstitutional or invalid, the board of supervisors hereby declares that it would have enacted the remainder of this chapter regardless of the absence of any such invalid part.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-14. Collection of fees.

The board of supervisors may, by resolution or order, establish fees for services provided or licenses issued under the provisions of this chapter. There shall be no refunds for any redemption and board fees charged.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-15. Hearing process.

Upon denial or revocation of any dog license, multiple animal permit, or kennel permit under sections 4-24, 4-33, 4-38, 4-42, or the impounding of an animal running at large under section 4-70, the animal control officer shall mail to the applicant or owner a written notice of its intent to deny or revoke the license or permit or that the animal was impounded. The written notice shall provide the specific reasons for the denial, revocation or impound. Within ten days after the mailing of the notice, the applicant or owner may request a hearing to appeal the denial, revocation, or impound. Any request for a hearing must be in writing and provided to the animal control officer. Failure to submit a timely written request for a hearing shall be a waiver of the applicant or owner's right to appeal the denial, revocation or impound. Hearings shall be conducted by the head of the department or designee.

(1)     Notice and conduct of hearing. The animal control officer shall mail a written notice of the date, time, and place for the hearing not less than ten days before the hearing date. The hearing date shall be no more than 30 days after the receipt of the applicant or owner's request for hearing. Failure of the owner or applicant or his or her agent to appear at the hearing shall result in forfeiture of the right to a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The head of the department or designee shall mail a written decision to the owner or applicant within ten days after the hearing. The decision shall be the final administrative decision.

(2)     In the event the animal is moved after the animal control officer has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license or permit, the owner or applicant must provide the department with any and all information concerning the animal's whereabouts, including the new owner's name, address, telephone number, and the date upon which the animal was moved. Failure to provide this information shall be deemed a violation of this article and shall be subject to the penalties as set forth in section 4-10.

(Ord. No. 672, § 2, 6-30-15)

Secs. 4-16—4-19. Reserved.

Sec. 4-20. Mandatory spaying or neutering of dogs and cats.

The board of supervisors hereby finds and declares that a program for the mandatory spaying or neutering of dogs and cats in the County of Kings, along with a licensing and certification structure designed to manage the unaltered dogs and cats owned in the county is a reasonable and effective means of reducing the population of homeless dogs and cats in the County of Kings.

No person may own or harbor a dog or cat over the age of four months in violation of this section. All unaltered dogs or cats must be spayed or neutered or, in the case of an unaltered dog, be licensed in accordance with section 4-38.

Any person who owns or harbors a dog or cat which is unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age, infirmity, or a medical condition, must obtain written verification of the inability from a licensed veterinarian. The writing must state whether the inability is permanent or temporary and, if temporary, when the dog or cat may be spayed or neutered in the future.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-21. Dog license required.

Every person, excluding rescue groups as defined under section 4-3, who owns, harbors, or keeps any dog in the county over the age of four months for 30 days or longer shall, under the provisions of this chapter, obtain a license receipt and a license tag stamped with the license number and the name of the County of Kings. The license tag obtained shall be worn by the dog at all times except as provided in section 4-23. Any dog found without a current license tag may be taken up and impounded by the animal control officer or any peace officer.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-22. Exemption from license fee.

A dog license shall be issued free of charge in the following instances:

(1)     When the license is for a public service/military dog as defined in section 4-3; and

(2)     When the license is for a dog which will be used as a service dog as defined in section 4-3. An affidavit attesting to the fact that the dog will be used as a service dog shall be given to the animal control officer issuing the license.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-23. Exemption from wearing of license.

The license tag need not be worn by the dog when the dog is contained within an enclosure on the premises of an animal hospital, or licensed kennel, or rescue group as defined in section 4-3, or when the dog is participating in or training for sporting events, field trials, obedience classes, dog shows or herding livestock, providing such dog is not allowed to run at large.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-24. Altered dog license application.

The dog license required by this chapter may be obtained by submitting a current rabies vaccination certificate, submitting proof that the dog has been spayed or neutered, providing the required information and paying the proper fee to the animal control officer. The information required for a license shall include the dog's breed, age, sex, color, rabies vaccination certificate number, date of issuance and expiration date, and the name, address and telephone number of the owner. The officer shall record the information on the receipt to be given for payment of the license fee. The expiration date of the rabies vaccination shall be recorded on the receipt. The license fee shall be paid at the time the application is made.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-25. Dog license period.

The license period for the license tag required by this chapter shall be in compliance with Food and Agriculture Code section 30801.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-26. Reserved.

Sec. 4-27. Due date and penalties.

As to any dog not currently licensed in Kings County, the application process in section 4-24 or section 4-38 shall be completed within 30 days after it is brought into the county, or when such dog attains the age of four months, whichever is later. For a dog currently licensed in Kings County, the application process in section 4-24 or section 4-38 shall be completed on or before the expiration date on the license receipt. Any person purchasing a license shall do so within 30 days after any applicable due date as set forth above.

Any person purchasing a license more than 30 days after any applicable due date shall be charged the late licensing penalty which shall be 100 percent of the regular one-year license fee, in addition to any other regular license fee.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-28. Issuance of dog license tag.

Upon compliance with the process in section 4-24 or section 4-38, a license tag and a written receipt shall be issued to the owner or applicant. Each tag shall be serially numbered and stamped. The expiration date shall be noted on the license receipt. The animal control officer shall record the number of the license tag on a copy of the receipt, and all copies shall be kept on file in the office of the animal control officer, open to public inspection at reasonable times. The tag shall be attached to a collar, harness, or other device permanently worn by the dog except as provided in section 4-23.

(Ord. No. 672, § 2, 6-30-15)

Secs. 4-29—4-31. Reserved.

Sec. 4-32. License violations.

Every person who counterfeits a dog license tag, or who attaches a license tag issued under the provisions of this chapter to any dog other than the one for which such a tag was issued, or who obtains a dog license, multiple animal permit, or kennel permit and in doing so, states as true any material matters which he knows to be false, is guilty of an infraction.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-33. Multiple animal permit for altered dogs or cats.

Every person who owns, manages, or operates a kennel housing ten or more altered dogs or cats shall obtain a multiple animal permit.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-34. Multiple animal permit application; contents, due date.

The permit required by this article may be obtained by completing a written application on forms provided by the animal control officer. The information required for the application is the name and address and location of the kennel, the name or names of the persons or responsible corporate officers of a corporation owning, managing or operating such kennel, the number of animals that can be properly housed within the kennel, and the purpose or purposes for which the animals are kept, (i.e., boarding, etc.) and any other information requested by the animal control officer. Each application shall also include a letter of compliance issued by the appropriate local building and planning official indicating conformity with the provisions of zoning and building ordinances of the county. Prior to the issuance of a permit, every kennel must be inspected by the animal control officer.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-35. Fees, due date.

Application for a multiple animal permit shall be accompanied by the nonrefundable annual fee which is in addition to any other permit license fee otherwise required. Upon approval of the application by the animal control officer, the applicant shall be granted a multiple animal permit. The permit shall be valid for one year from the date of issuance.

Renewal of the permit shall be made upon application, approval and payment of the fee in the manner provided for the issuance of an original multiple animal permit. The application and fee required by this section shall be due and payable on or before the expiration date of the current permit. Any person purchasing a multiple animal permit after the due date shall be charged a 50 percent late fee which shall be paid in addition to the regular permit fee.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-36. Individual license required; vaccination.

An up-to-date rabies vaccination certificate for each cat or dog and an individual license for each dog in the kennel above the age of four months shall be kept on file for inspection at the kennel.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-37. Zoning.

The requirements of this article shall be deemed to be in addition to, and not in limitation of, the requirement of any applicable zoning laws or ordinances. A multiple animal permit issued under the provisions of this article shall cease to be valid if the operation of a kennel should become a prohibited use for the zone in which it is then located.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-38. Annual unaltered dog license—Requirements.

An owner of an unaltered dog over the age of four months must obtain an annual unaltered dog license for the dog. The license shall be issued if the animal control officer has determined that all of the following conditions are met:

(1)     The dog is one of the following: a competition dog; a public service/military dog, a service dog as defined in section 4-3, or a dog which is unable to be spayed or neutered as set forth in section 4-20, subdivision (c);

(2)     The owner has submitted the required application and has paid the fee as set by the board of supervisors; and

(3)     The unaltered dog shall be confined upon the owner's property in a suitable housing facility or enclosure that prevents the dog from running at large.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-39. Denial or revocation of an unaltered dog license.

The animal control officer may deny or revoke an unaltered dog license for one or more of the following reasons:

(1)     The applicant or licensee is not in compliance with the requirements of section 4-38;

(2)     The applicant or licensee has been previously cited for violating a state law, county ordinance or code, or any other statute or regulation relating to the care and control of animals;

(3)     The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be a potentially dangerous or vicious dog or to be a nuisance within the meaning of the Kings County Code of Ordinances or under state law;

(4)     Any unaltered dog license held by the applicant or licensee has been previously revoked;

(5)     A female unaltered dog has had more than one litter per year, or five or more litters in her lifetime; or

(6)     The license application is discovered to contain a material misrepresentation of fact.

If the unaltered dog license is denied or revoked, the owner must comply with section 4-24 and obtain an altered dog license.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-40. Transfer, sale, adoption, and breeding of unaltered dog.

An owner who offers any unaltered dog for sale, transfer, or adoption must include a valid unaltered dog license number with the offer of the sale, transfer, or adoption. Subsequent to the sale, transfer, or adoption of the unaltered dog, the new owner, if a resident of the County of Kings, shall have 30 days to apply for a new unaltered dog license or spay or neuter the dog in accordance with this article and obtain a license as provided in section 4-24.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-41. Kennel permit required for unaltered dogs or cats.

Every person who owns, manages, or operates a kennel housing ten or more unaltered dogs or cats shall obtain a kennel permit.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-42. Kennel permit application; contents, due date.

The permit required by this article may be obtained by completing a written application on forms provided by the animal control officer. The information required for the application is the name and address and location of the kennel, the name or names of the persons or responsible corporate officers of a corporation owning, managing or operating such kennel, the number of animals that can be properly housed within the kennel, and the purpose or purposes for which the animals are kept, (i.e., breeding, boarding, etc.) and any other information requested by the animal control officer. Each application shall also include a letter of compliance issued by the appropriate local building and planning official indicating conformity with the provisions of zoning and building ordinances of the county. Prior to the issuance of a permit, every kennel must be inspected by the animal control officer.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-43. Fees, due date.

Application for a kennel permit shall be accompanied by the nonrefundable annual fee which is in addition to any other permit license fee otherwise required. Upon approval of the application by the animal control officer, the applicant shall be granted a kennel permit. The permit shall be valid for one year from the date of issuance.

Renewal of the permit shall be made upon application, approval and payment of the fee in the manner provided for the issuance of an original kennel permit. The application and fee required by this section shall be due and payable on or before the expiration date of the current permit. Any person purchasing a kennel permit after the due date shall be charged a 50 percent late fee which shall be paid in addition to the regular kennel permit fee.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-44. Individual license required; vaccination.

An up-to-date rabies vaccination certificate for each cat or dog and an individual license for each dog in the kennel above the age of four months shall be kept on file for inspection at the kennel.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-45. Zoning.

The requirements of this article shall be deemed to be in addition to, and not in limitation of, the requirement of any applicable zoning laws or ordinances. A kennel permit issued under the provisions of this article shall cease to be valid if the operation of a kennel should become a prohibited use for the zone in which it is then located.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-46. Breeder permit and advertising.

It is unlawful for any person to breed dogs and/or cats for sale or profit or to advertise for the sale or adoption of such animals without first obtaining a breeder permit. The fees for a breeder permit shall be set by the board of supervisors and shall be paid to the animal control officer.

To obtain a permit, the breeder may not sell or adopt any offspring until eight weeks of age and each has been vaccinated against common diseases. The breeder must list the permit number when advertising offspring for sale or adoption, must list the permit number as part of the sale or adoption paperwork, and must disclose the permit number to all potential purchasers or adopters of offspring.

It is unlawful for any person to advertise for the sale or adoption of any offspring of dogs and/or cats without including in the advertisement a breeder permit number.

A breeder permit shall be in addition to any other requirements and conditions set forth in the county ordinances.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-47. Implantation of a microchip for dogs and cats required.

Any dog or cat in the county shall be implanted with an identifying microchip. The owner is required to provide the microchip number to the animal control officer and shall notify the animal control officer and the national registry applicable to the implanted chip of any change of ownership of the dog or cat or any change in the owner's contact information.

Upon adoption or redemption of a dog or cat from the animal shelter, the owner shall comply with this section and have the dog or cat implanted with a microchip.

(Ord. No. 672, § 2, 6-30-15)

Secs. 4-48—4-50. Reserved.

Sec. 4-51. Rabies vaccination required.

(a)      Primary immunization. Every person owning, harboring, or keeping any dog or cat shall, within 30 days after such animal attains the age of four months, cause it to be vaccinated against rabies. This immunization shall be known as the "primary immunization."

(b)      Revaccination intervals. Dogs and cats shall be revaccinated one year after the primary immunization and revaccinated at least every three years thereafter.

(c)      Approval of vaccine. All rabies vaccines shall be approved by the California Department of Health.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-52. Rabies vaccination facilities; vaccination certificates.

The animal control officer may provide facilities for the rabies vaccination of dogs and cats or may arrange for such vaccination at low cost public clinics. Blank forms shall be provided for the vaccination certificates required by this chapter. Failure to display a valid rabies vaccination certificate upon reasonable demand by the animal control officer is prima facie evidence of nonvaccination. The vaccination required herein may be obtained either at such facilities or clinics or from a licensed veterinarian of the owner's choice.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-53. Isolation of dogs or cats suspected of having rabies.

The animal control officer shall take up and place in isolation any dog or cat, which in the opinion of a licensed veterinarian or the county health officer displays symptoms suggestive of rabies. Such isolation shall be at the animal shelter unless the owner of the dog or cat, with the approval of the county health officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any dog or cat placed in such isolation shall be kept strictly confined and under such observation as may be required by the county health officer. Isolation shall continue for at least ten days from the date the symptoms suggestive of rabies were first observed. The isolation may be continued for a period longer than ten days if, in the opinion of any licensed veterinarian or the County health officer, a longer period is necessary.

At the expiration of the isolation period, any dog or cat confined at the animal shelter shall be released upon payment of the fees set forth in section 4-75.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-54. Responsibilities of veterinarians.

It shall be the duty of every licensed veterinarian to report immediately to the county health officer any animal observed by him which is diagnosed by him as having rabies or is suspected of having rabies.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-55. Reporting of bite cases.

It shall be the duty of every physician, or other person, to report to the animal control officer the name and address of any person treated for a bite inflicted by any animal, and any persons who have been bitten by any animal of a species subject to rabies infections, and any other information as required by the animal control officer.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-56. Biting animals.

Except as otherwise provided herein, the animal control officer shall take up, impound, and isolate for at least ten days following the date of the alleged bite, any animal of a type subject to rabies that is reported to have bitten any person, whether or not such animal has been vaccinated with rabies vaccine and whether or not such animal displays any symptoms suggestive of rabies. The animal shall be impounded and isolated in the manner provided in section 4-53.

Any person who is 18 years of age or older may, however, make written request to the animal control officer for the isolation of such biting animal either in facilities provided by a licensed veterinarian or in a licensed boarding kennel or upon the private premises of the person making such request. If such request is approved by the animal control officer, such biting animal shall not be taken up and impounded but shall instead be kept strictly confined and isolated in such veterinarian's facilities or on such private premises for the isolation period.

Upon termination of the isolation period, animals isolated in the animal shelter shall be released upon payment of the fees set forth in section 4-75 if, in the opinion of the animal control officer, the animal does not have rabies. Animals isolated upon private property shall be released from isolation if, in the opinion of the animal control officer, the animal does not have rabies.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-57. Violation of rabies isolation requirements.

Every person who, after requesting and obtaining approval for the keeping of a biting animal confined and isolated upon his private premises, as provided in section 4-56 of this chapter, fails for any reason whatsoever to keep such animal continuously confined and isolated upon his premises, either indoors or inside some enclosure, for a period of ten days after the day such written request is presented to the animal control officer, is guilty of an infraction. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required shall be taken up forthwith by the animal control officer and isolated as provided in section 4-53 of this chapter.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-58. Redemption of rabies-isolated animals.

Any animal isolated at the County shelter as provided in section 4-53, 4-56 or 4-57 and is found not to have rabies may be redeemed by the owner by paying to the animal control officer all applicable fees and by obtaining any necessary license. Any animal which is not so redeemed within 72 hours after the expiration of the isolation period shall be deemed to have been abandoned and shall be disposed of as provided in section 4-74 of this chapter.

(Ord. No. 672, § 2, 6-30-15)

Secs. 4-59—4-65. Reserved.

Sec. 4-66. Restraint ordinance.

It is unlawful for any person to allow or permit any dog owned, harbored, or controlled by him to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in any area of the county unless such dog is securely leashed and the leash is held continuously in the hands of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle.

It is unlawful for any person to allow or permit any dog owned, harbored, or controlled by him to be on any private property in any area of the county without the permission of the person owning or occupying said private property.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-67. Animals at large generally.

It shall be unlawful for any person owning or having possession of any animal to permit it to be at large without reasonable control or to be pastured or kept upon any street or other public place or upon any private property against the wishes of the owner or occupant thereof or in any manner or place to the injury of the owner or occupant of any other property. No fowl on its owner's property shall be deemed at large.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-68. Livestock running at large.

It is unlawful for any person owning, harboring, or controlling any livestock to permit such livestock to run at large upon the private property of another without the permission of the person owning or occupying said private property, or upon the streets or public places in Kings County. The animal control officer is authorized whenever he deems it necessary, to deputize individuals, who are properly equipped, to capture and transport livestock which is running at large in violation of this chapter. Each animal captured or transported pursuant hereto shall be impounded at the risk of the owner and the owner or keeper of such animal is liable for all fees set forth in section 4-75.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-69. Keeping of stallions.

Upon approval of the animal control officer, a stallion may be kept, when authorized by land use regulations, in a substantial corral of wood or other construction six feet in height and under conditions to prevent escape and protect people or other animals. A minimum substantial corral is defined as being appropriately secure and constructed of four-inch by four-inch posts, eight feet on center, anchored 24 inches in Portland cement with two-inch by six-inch rails set two inches apart.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-70. Impounding animals.

Any animal found under conditions or in areas prohibited by section 4-67 or 4-68 shall be taken by the animal control officer and impounded and the owner is liable for all fees as set forth in section 4-75.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-71. Temporary animal shelter.

The animal control officer is authorized, whenever he deems it necessary, to temporarily impound animals within an enclosure other than at the county animal shelter. This enclosure shall constitute a temporary animal shelter. Notice that an enclosure is a temporary animal shelter may be posted by the animal control officer at the site.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-72. Notice of impound.

The animal control officer upon the impounding of any animal, other than livestock, shall immediately notify the owner, if known, or if unknown by posting a notice of impound containing a description of the animal, and the time and place of apprehension for three days on the shelter website. After the expiration of this period, any unredeemed animal may be disposed of as provided for in this chapter.

Upon the impounding of any livestock, the animal control officer shall notify the owner, if known or if unknown, the animal control officer shall post a notice on the shelter website for at least ten days. After the expiration of this period, any unredeemed animal may be disposed of as provided for in this chapter.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-73. Redeeming impounded animals.

The animal control officer shall feed and care for any animal impounded until it is disposed of as provided by law.

If such animal is not a "diseased or injured animal" as defined under section 4-3 and is not suspected of having rabies, the owner may redeem it at any time within three working days by describing it, proving ownership to the satisfaction of the animal control officer, paying all applicable fees, and obtaining any necessary license.

If the animal is a dog and is wearing license tags, the animal control officer may keep the dog for five working days.

The redemption period shall begin when written notice of such impounding is given as provided in section 4-72 or the animal's information is posted on the shelter's website.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-74. Disposing of impounded animals.

If the animal impounded is not redeemed within the redemption period, or if the owner fails or refuses to comply with any of the requirements of redemption, the animal control officer shall dispose of the animal according to the provisions of this section. In disposing of an impounded animal, the animal control officer may, in his discretion, 1) put the animal up for adoption, 2) release the animal to a rescue group or 3) euthanize the animal in a humane manner.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-75. Fees for impounded animals.

The animal control officer shall receive and collect all fees, fines, and charges as set by the board of supervisors on impounded animals. No fees whatsoever shall be charged or collected for any animal which has been unlawfully impounded.

If the owner believes the animal has been unlawfully impounded, the owner may request a hearing in accordance with section 4-15. Any animal found to have been unlawfully impounded shall be immediately delivered to the owner.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-76. Diseased or injured animals.

The animal control officer shall, at the time of impounding any animal, determine whether it is a "diseased or injured animal" as defined in section 4-3. When a diseased or injured animal is impounded, the animal control officer is required to procure any necessary emergency medical treatment or euthanize the animal in a humane manner.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-77. Vicious dog as nuisance.

The owning or harboring of any dog which is vicious or potentially dangerous as defined by California Food and Agriculture Code section 31601 et seq. shall be an infraction and such animal shall be deemed a nuisance.

Any person may contact the animal control officer to file a complaint. The complaint shall state the place where such nuisance exists, describe such animal and its conduct and give the name and address of its owner, if known. The animal control officer upon complaint or his own knowledge shall investigate and if a violation exists, may cause notice of abatement to be issued, make an arrest in accordance with section 4-8, or take such other action as is necessary. This shall be in addition to any remedies available under California Food and Agriculture Code section 31601 et seq.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-78. Reserved.

Sec. 4-79. Noisy animals.

Any person who keeps or permits to remain upon any property under his ownership or control, other than in an appropriately zoned and licensed kennel or animal hospital, any animal which by continuous barking, whining, or other noise unreasonably disturbs the peace, comfort, or quiet of any resident of the neighborhood shall be guilty of an infraction.

(Ord. No. 672, § 2, 6-30-15)

Secs. 4-80—4-90. Reserved.

Sec. 4-91. Prohibition of wild animals.

No person shall have, keep or maintain any wild animal unless adequate provisions are made for its confinement and control to insure the maintenance of public peace, health and safety.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-92. "Wild animal" defined.

A wild animal is an animal or reptile which is wild by nature and not customarily domesticated in Kings County. This definition does not include birds, small rodents or small, nonpoisonous reptiles commonly used for educational or experimental purposes or for pets.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-93. Notice of escape.

Any person keeping or maintaining a wild animal that escapes from its confinement shall immediately notify the animal control officer of such escape.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-94. Wild animals running at large.

Wild animals found running at large will be impounded in accordance with the provisions of section 4-67 of this chapter.

Prior to the release of a wild animal to its owner, the animal control officer will inspect the place where the animal is kept or maintained to ensure compliance with section 4-91. If the provisions for the animal pass inspection, the animal shall be released back to the owner. If the animal cannot be released back to the owner, it shall be released to an appropriate wild animal rehabilitation organization.

(Ord. No. 672, § 2, 6-30-15)

Sec. 4-95. Prohibition of release of wild animals.

No person, organization, society, association or corporation shall import or release into Kings County any wild animal, whether indigenous to Kings County or not.

(Ord. No. 672, § 2, 6-30-15)

 

[1]Editor's note(s)—Ord. No. 672, §§ 1, 2, adopted June 30, 2015, repealed Ch. 4 in its entirety and enacted a new Ch. 4 to read as set out herein. Former Ch. 4, §§ 4-1—4-14, 4-21—4-25, 4-27, 4-28, 4-32, 4-41—4-47, 4-51—4-58, 4-66—4-79, 4-91—4-95, pertained to similar subject matter. See the Code Comparative Table for a complete derivation.

Cross reference(s)—Fishing from bridges, § 23-18, dairy regulations, § 11-1 et seq., offenses concerning animals in parks, § 16-23(4), (5).