Chapter 7.08 Regulations

A. The director health officer is authorized to impound any and all animals which are kept, maintained or found at large in violation of any of the provisions of this title and otherwise enforce all statutes, regulations and ordinances within the unincorporated areas of the county and within the area of any incorporated city within the county which has made the provisions of this title applicable to its jurisdiction and which has in effect an agreement with the county to enforce these animal control provisions within such city. B. The director shall be vested with the authority to administer this title. In the course of these duties, the director shall have the authority to interpret the provisions of this title. Where there is a question as to the meaning or the intent of any requirement of this title, including interpretations of conditions of approval required in conjunction with the approval of any ministerial or discretionary permit authorized therein, the director shall provide any necessary interpretation, and the decision of the director shall be final.

B.C. The director health officer is further authorized to cooperate with veterinarians within the county to develop a comprehensive licensing and spay and neuter program.

C.D. Kern County animal control services is the designated enforcement agency of the director health officer.

D.E. The director health officer shall annually promulgate proposed fees based on his the actual cost for animal control services to be submitted to the board of supervisors. The director health officer or his designee shall charge fees in accordance with the fee schedule as established by the board of supervisors by ordinance.

7.08.020 Dogs - Licensing required.

A. It is unlawful for an owner of a dog to keep or maintain the dog in any place in the county unless it is licensed pursuant to this chapter or is specifically exempt from such licensing requirements. This section shall not apply to the following:

1. Dogs wearing a valid license issued by an incorporated city within the county;

2. Dogs wearing unexpired license tags from another jurisdiction;

3. Dogs under the age of four (4) months which are secured by the owner or confined within the private property of their owner;

4. Any dog owned by or in the charge of any person who is a nonresident of the county and is traveling through the county or temporarily visiting therein for a period not exceeding thirty (30) days, provided the dog has been vaccinated consistent with county requirements and the owner or person in charge presents proof of such vaccination upon demand, and further provided that the dog is confined on the property of the person in charge of it while temporarily in the county;

5. Any dog brought into and maintained in the county for a period not to exceed thirty (30) days for the exclusive purpose of entering it in any show, exhibition, field trials, training or competition or for breeding purposes, provided the dog has been vaccinated consistent with county requirements and the owner or person in charge presents proof of such vaccination upon demand, and further provided that the dog is confined on the property of the person in charge of it while in the county, except when being groomed, trained, bred, shown, exhibited or in competition.

B. No license tag or tattoo shall be issued for any dog until satisfactory written evidence is presented that the dog has been vaccinated against rabies in a manner approved by the director health officer which must be consistent with the Rabies Compendium of the Centers for Disease Control.

7.08.030 License fees and regulations.

A. Every owner of a dog over the age of four (4) months in the unincorporated areas of the county, and within the incorporated city within the county which has made provisions of this title applicable to its jurisdiction and which has effect in an agreement with the county for the county to enforce the animal control provisions within such city, shall pay fees in accordance with the fee schedule as established by the board of supervisors.

B. The license fee is due and payable within ten (10) thirty (30) days of having the dog vaccinated against rabies.

C. All licenses expire at the same time their supporting rabies vaccination expires, or the previous license fees expire whichever comes first.

D. Penalty. An unpaid dog license fee shall become delinquent thirty (30) days after it is due and payable. Upon delinquency, a penalty shall be added to the regular fee in accordance with the fee schedule as established by the board of supervisors. Penalty fees shall accumulate and be added to each successive license period.

E. Offenses - - Failure to Furnish Information. Any owner of any dog in the county who refuses, fails or neglects to furnish to the director health officer, fee collector, or veterinarian authorized to vaccinate and license dogs and collect the license fees thereon, as provided in this chapter, information necessary to properly vaccinate and license such dog, or who resists, hinders or obstructs the director health officer or any of his/her assistants in the exercise of the director's health officer's duties, or who fails, neglects or refuses to pay any required license fee at the time and in the manner herein provided, is guilty of a misdemeanor and shall be punished as provided in Section 1.12.030 of this code.

F. Any person sixty-two (62) years of age or older may purchase a one (1) year discounted dog license for not more than two (2) three (3) altered dogs in accordance with the fee schedule as established by the board of supervisors. Proof of age is required at time of purchase.

7.08.040 Permits in lieu of license.

A. A person may apply for a permit to operate a kennel. The annual fee shall be in accordance with the fee schedule as established by the board of supervisors. to be considered a dog hobbyist, ranch dog permittee or guard/rescue dog permittee from the health officer. The annual fees for applying for such permits are described in subsection (E) of this section. Said permit fees shall be in lieu of any dog license required by Section 7.08.030, and the permitholder shall be entitled to maintain any number of animals provided the permitholder complies with the provisions of this title and any and all state laws relating to kennels and the treatment of animals.

B. Prior to issuing such permits the director health officer shall determine that:

1. The permittee's facilities are so constructed as to prevent dogs maintained or kept therein from running at large off the premises;

2. The permittee's facilities are constructed in a manner that will ensure that the animals maintained therein will enjoy a healthy, safe, sanitary and humane environment and not become a nuisance to the neighborhood;

3. The permittee has not committed any activity which, in the director's health officer's judgment, would constitute cruelty to animals;

4. The permittee agrees that the director health officer may, at all reasonable times, inspect the permittee's premises and operations;

5. The permittee agrees to comply with the provisions of this title;

6. The permittee provides evidence satisfactory to the director health officer that all dogs maintained on the premises have been vaccinated consistent with this chapter.

C. The health officer director may revoke a permit upon determining that any of the conditions described herein are not being maintained by the permittee, that the permittee is in violation of this title or that the facility is being operated in a manner that constitutes a nuisance including, but not limited to, noise and odor disturbances.

D. Licensed veterinary hospitals are not required to obtain kennel permits.

E. Permit Fees. The annual fee for each type of permit shall be in accordance with the fee schedule as established by the board of supervisors.

F. It is a misdemeanor for any person to operate and/or maintain a pet shop without first obtaining a permit from the health officer. The annual permit fee shall be due and payable in accordance with the fee schedule as established by the board of supervisors before the permit is issued and in each and every year thereafter on the anniversary of the date on which the permit was issued. Prior to issuing such a permit the health officer shall make the determination described in subsection (B) of this section. In addition, the health officer shall, in connection with the issuance of any such permit, establish such conditions as may be necessary to provide for the humane care and treatment of dogs, cats and other animals, either domestic or wild. The permitholder shall be entitled to maintain any number of animals provided the permitholder complies with the provisions of this title and any and all state laws; relating to the treatment of animals.

7.08.050 Dog license tag/tattoo

A. Tag. A dog license shall be delivered to each person who complies with the dog vaccination requirement and pays the license or permit fee required by this chapter. The tag shall be stamped with the words "Kern County" Dog License, the license number and the month and year that the tag expires. The tag shall be secured to a collar or harness which shall be worn at all times by the dog for which it is issued except when the dog is in competition, being trained or being used lawfully to pursue game (provided the handler has the license tag in his or her possession), being groomed or confined within a kennel, yard or pen (provided the handler has the license tag in his or her possession).

B. Tattoo. In lieu of a tag, a permittee may have a tattoo license number issued for any dog which shall be permanently marked in the dog's left flank or left ear by a veterinarian. The license number shall be preceded by the letters "KRN. CO." to indicate "Kern County." Numbers shall be issued by the health department when the license fee is paid. The tattoo shall be marked within four (4) days of paying the license fee.

C.B. Delegation of Licensing Duties. The director health officer may delegate the duty to issue licenses and collect fees when he/she determines such delegation is necessary for a county-wide and uniform service to the public.

D.C. Lost License Tags. Whenever, during the period for which it is effective, a dog tag issued pursuant to this chapter is lost, taken or stolen, the owner of the dog for which the tag was issued may, upon payment of two dollars ($2.00) consistent with the fee ordinance and exhibition of evidence of current rabies vaccination, receive a duplicate tag for the period for which the original dog tag was issued.

7.08.060 Dogs - Rabies vaccination required.

A. All dogs shall be vaccinated with a canine antirabies vaccine approved by the health officer director within ten (10) days after becoming four (4) months of age.

B. Effective July 1, 1987, all All dogs shall be vaccinated at the following intervals:

AGE OF DOG

More than four months but less than one year old (first vaccination)

More than one year old (no prior vaccination)

More than one year old (previously vaccinated)

on schedule
VACCINATION EXPIRES

One year from date month given

Three years One year from date month given

Three years from date month given
LICENSE EXPIRES

Same time the vaccination expires

Same time the vaccination expires

Same time the vaccination expires

C. No vaccine is licensed for use on wildlife.

7.08.070 Vaccination - Performance.

Rabies vaccination shall be performed by or under direct supervision of a California state licensed veterinarian, hereinafter referred to as the "vaccinator." The vaccinator shall issue to the owner of the dog which he/she has vaccinated a certificate in form approved by the health officer director showing the date of the vaccination and such other information as is required by state law or the director health officer. The vaccinator shall also make available or submit a report of the vaccination to the animal control program of the county within ten (10) days of the giving of the vaccination. on a form furnished by the county

7.08.080 Reports of animal bites.

The owner of any animal that bites any person, and any person who treats any person for an animal bite, shall report the circumstances of the animal bite incident to the director health officer who in his/her discretion shall place the animal under regulation or quarantine in a humane manner for such time as may be required or permitted by state law. The regulation or quarantine may be conducted at the home of the owner of the animal or at such other place as may be designated by the director health officer, and the animal shall be kept securely confined while under observation. Dogs or cats that have bitten any person and are not vaccinated for rabies shall may be quarantined at the county animal shelter and the owner shall be liable for the board and care fees.

7.08.090 Animals Dog/Cat - Symptoms of rabies.

Whenever the owner of an animal observes or learns that the animal shows symptoms of rabies or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner of the animal shall immediately notify the health officer. If it appears to the director health officer that any animal dog or cat is afflicted with rabies, he the director may apprehend and destroy the animal forthwith and shall take such other action as he the director deems necessary to prevent the spread of the disease.

On the order of a veterinarian the dog or cat shall be destroyed forthwith. If the animal dog or cat is destroyed the head shall be submitted to the Department of Public Health for testing.

7.08.100 Exposure to animal suspected of rabies.

Whenever any animal susceptible to rabies is exposed to another animal suspected of having rabies, the owner of the animal so exposed shall, upon learning thereof, immediately notify the director health officer. Exposed animals shall be treated as required by state law. When any animal is quarantined by the director health officer, it shall be unlawful for the owner of the animal or any other person to violate the quarantine. Any of the following acts shall constitute a violation of the quarantine:

A. Removing the animal from the quarantine premises;

B. Allowing the animal to run at large;

C. Destroying the animal without director health officer authorization;

D. Failing to notify the director health officer of the animal's death immediately upon the occurrence thereof;

E. Disobeying any of the quarantine restrictions imposed by the director health officer or;

F. Allowing the animal to come in contact with other animals or persons.

7.08.110 Animal care requirements.

Every person within the county who owns any domesticated animal or who owns, conducts, manages or operates any facility for which a permit is issued pursuant to this chapter shall comply with each of the following conditions:

A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

B. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

D. All animals shall be so maintained as to eliminate excessive and nighttime noise.

E. No animals shall be without attention proper care more than eighteen (18) consecutive hours.

F. Whenever an animal is left unattended at a kennel, pet shop, or grooming shop or facility operated pursuant to or a permit issued by the health officer, the telephone number of Kern County animal control services or the name, address and telephone number of the owner permittee shall be posted in a conspicuous place at the front of the property.

G.F. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

H.G. No condition shall be maintained or permitted that is or could be injurious to the animals.

I.H. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

J.I. Every effort animal establishment shall be made to isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals.

K.J. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

L.K. Such person shall take any animal to a veterinarian for examination or treatment, if the director health officer finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.

M.L. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

N.M. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director health officer.

O.N. Such person All persons shall provide proper shelters and protection from the weather for all animals at all times.

P.O. Such No person shall not give an animal any alcoholic beverages, illegal drugs, or controlled substances, unless prescribed by a veterinarian.

Q.P. Such No person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies.

R.Q. Such No person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal.

S.R. Such person shall give working animals proper Proper rest periods shall be given to all working animals. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.

T.S. Such No person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

U.T. Such No person shall not allow any animal which the director health officer has suspended from use to be worked or used until released by the director health officer.

V.U. Such No person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

W.V. Such No person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

7.08.115 Restraint.

A, A dog or puppy shall not be restrained by a fixed point chain or tether for more than twelve (12) consecutive hours in a twenty-four (24) hour period. This chain shall be at least fifteen (15) feet long.

B. A dog or puppy may be exclusively restrained by a chain or tether provided that it is at least fifteen (15) feet in length and attached to a pulley or trolley mounted on a cable which is also at least fifteen (15) feet in length and mounted no more than seven (7) feet above ground level.

C. Any tethering system employed shall not allow the dog or puppy to leave the owner's property.

D. No chain or tether shall weigh more than 1/8 of the dog or puppy's weight.

E. Any chain or tether shall be at least fifteen (15) feet in length and have swivels on both ends.

F. Any chain or tether shall be attached to a properly fitting collar (no choke chain collars) or harness worn by the animal.

7.08.120 Control of neglected and mistreated animals.

It is the intent of the board of supervisors that no animals be exposed to or involved in conditions which constitute a violation of Section 8.28.160(A) (unsanitary premises), 7.12.050 (unsanitary animal pens) or 8.44.030(A) (public nuisance) of this code or Section 597(f) (neglected animals) Section 597(f) of the California Penal Code or other state laws or county ordinances as may be in effect from time to time.

A. Notwithstanding any other provisions of this code to the contrary, it is unlawful for any person to have, keep, maintain or harbor any animals on any premises wherein the physical conditions of the premises constitute a violation of state laws or county ordinances.

B. A conviction for violation of any of the sections listed in subsection (A) of this section arising out of circumstances involving the keeping or harboring of animals shall be prima facie evidence that the person in control or possession of the premises on which the animals are located cannot or will not keep the animals in a healthy condition or cannot, or will not keep the premises in a sanitary condition; whereupon the director health officer may order the person to remove some or all of the animals from the premises, and if the animals are not removed within forty-eight (48) hours after the date of his the order, the director health officer may remove and dispose of them the animal for appropriate disposition. Upon a veterinarian's examination and determination that an animal has been neglected or mistreated, the animal may be impounded by the county animal control service subject to normal board and care fees pending a hearing within seven (7) days of impoundment.

C. Failure to comply with any order given by the director health officer under subsection (B) of this section is an infraction.

7.08.130 Transporting dogs in open vehicles.

A. No person shall transport any dog in or on the back of any open truck or other open vehicle while traveling on any county road, street, highway, lane or alley.

B. This section shall not apply to any person who transports a dog in any open truck or other open vehicle which is sufficiently enclosed by stakes, racks, or is equipped with other devices which prevent the dog from falling, hanging, or escaping from the vehicle.

C. This section shall not apply to any person while engaged in agricultural livestock activities.

7.08.140 Public animal shelters.

Public animal shelters are authorized and established in the county of Kern under the supervision of the director health officer.

7.08.150 Dogs at large prohibited - - Confinement.

A. It is unlawful for the owner of any dog to allow it to be on the private property of another person or on public property without the consent of the person owning, occupying or controlling the property. Animals on the property of another person with the consent of the person in charge of the property shall be under such restraint as is necessary to protect persons and other animals from injury and to protect the property from damage. In particular, dogs shall be restrained by a leash not longer than six (6) feet in length and under the immediate control of the handler or confined within an enclosed pen when on public property, unless the officer in charge of the property has consented to the owner exercising another form of restraint.

B. Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal, provided that such person shall within twenty-four (24) hours thereafter notify the director health officer of the fact that he has the animal in his possession and shall surrender possession of the animal to the director health officer upon demand when deemed by the director to be in the animal's best interest and in accordance with the law. If the animal is taken up at a time when an animal shelter is not open for business, the person confining it shall within twenty-four (24) hours after the shelter reopens, notify the director. health officer. that he has the animal in his possession and shall surrender the animal to the health officer upon demand.

C. In order to safely secure animals which have unlawfully trespassed on the private property of another person, humane live animal traps may be required. Such traps may be rented by the health officer to the public for use on private property, provided the trap is operated and maintained in accordance with all applicable state and local ordinances. The following trap rental fees shall be charged to the public:

1. A single trap used for a twenty-four (24) hour period, five dollars ($5.00).

2. A single trap used for a one (1) week (7 consecutive days) period, twenty-five dollars ($25.00).

7.08.160 Treatment and record of animal seized.

The director health officer shall require that a true and faithful record be kept of the number and description of all animals taken into custody, the date of their impounding and the date and manner of their disposition. He The director shall require that the necessary subsistence be provided for animals while in custody, that no mark/orbrand/or tattoo thereon be altered and that no animal suffers from inhumane treatment. Every dog and cat shall be scanned for a microchip.

7.08.170 Notice of impoundment.

Upon impounding any animal, the director health officer may cause to be published in any newspaper circulated within the community or by any other electronic means where the animal was captured a notice describing the animal, the date of its impoundment and the address of the animal shelter or pound where it is being kept. The cost of the publication shall be charged against and collected from the owner of the animal before the animal may be released from impound.

7.08.180 Conditions for animal release.

The director health officer shall not release to its owner, or adopt sell, any animal that has been impounded in accordance with the provisions of this chapter unless the person to whom the animal is released or sold adopted provides satisfactory proof that the animal will be maintained in accordance with the provisions of this chapter and any other applicable law.

7.08.190 Payment for redemption of animals.

A. The owner of any animal impounded but not quarantined may, at any time during regular working hours and before the sale adoption or other disposition thereof, redeem the animal by showing proof of ownership vaccination and paying the director health officer all the fees and charges thereon including, but not limited to, license fee if unlicensed, impound fees, care and feeding charges, and veterinary charges if applicable.

B. In accordance with Sections 30804.7 and 31751.7 of the Food and Agriculture Code, the owner of any non-spayed or un-neutered dog or cat that is impounded shall be fined as follows:

First Occurrence - $35 Second Occurrence $50 Third & Subsequent Occurrences $100

7.08.200 Adoption and impoundment charges.

The director health officer shall charge proposed fees for animal control services, including adoption, impoundment, food and care, in accordance with the fee schedule as established by the board of supervisors.

7.08.210 Redemption of unvaccinated dogs.

A. The health officer and any other person designated by the county to enforce the provisions of this chapter. The director shall charge, in addition to redemption fees, a deposit fee for vaccination of any impounded dog which has not been vaccinated against rabies, and shall issue a separate receipt to the person paying them.

B. All sums received by the health officer and any other authorized person enforcing the provisions for costs of vaccination director shall be deposited in the county treasury forthwith and shall be kept in a separate account or trust fund which may be appropriately designated and provided for by the board of supervisors.

C. A vaccination deposit fee shall be collected by the director officials enforcing this chapter in accordance with the fee schedule as established by the board of supervisors.

D. The receipt referred to in subsection (A) of this section shall contain the following statement:

Any licensed veterinarian accepting this receipt in payment for the rabies vaccination of any dog shall be reimbursed by the County of Kern a sum not to exceed the amount shown hereon upon presentation of this receipt to the Board of Supervisors or any person designated by the Board to pay such claims.

E. Vaccinators who accept receipts in payment for rabies vaccinations of dogs shall, upon presenting receipts and claim forms approved by the director health officer to the board of supervisors, be entitled to payment from the county treasury of the amount stated on the receipt.

7.08.220 Disposition of unredeemed animals.

A. All impounded and unredeemed live dogs or cats animals other than bovines, horses, mules, burros, and animals with without identification markings/tags/microchips or tags may be sold, adopted, released or destroyed by the director health officer three (3) days (seventy-two (72) hours) after being impounded in accordance with State law. All other species of live animals impounded or unredeemed Bovines, horses, mules and burros shall be disposed of in accordance with state law. provisions dealing with estrays.

B. The director health officer may dispose of dogs and cats as in subsection A above with license or identification tags/microchips/tattoos five (5) days (one hundred twenty (120) hours) after service of written notice to the person whose name appears on the identification tag or license record. Written notice may be given by hand delivery, by posting on the premises of said person at his or her last known address or and by mailing a copy to the person by registered or certified mail. Proof of notification or attempted notification is required.

C. The director health officer shall make an attempt to contact the person listed on the identification tag or license record by telephone within twenty-four (24) hours of a weekday impounding or on the weekday following a weekend or holiday impounding.

7.08.230 Sale Adoption of unredeemed animals.

A. Any impounded and unredeemed live animal held the required time and not suffering from any infectious or communicable disease may be sold adopted upon the adopter purchaser meeting the following conditions:

1. Dogs may be sold adopted upon payment of an placement adoption fee, a rabies vaccination fee, a license fee and a spay and neuter fee.

2. Cats may be sold adopted upon payment of an adoption placement fee and compliance with the provisions of state law dealing with the spaying and neutering of cats.

3. All other animals may be sold adopted upon payment of an adoption placement fee.

B. The director health officer shall not knowingly make a gift of, or sell or adopt any live dog or cat to any person or institution intending to use the animal for breeding, experimental or consumptive purposes.

7.08.240 Disposition of cats and dogs on at owner's request.

If an animal control officer picks up any cat or dog at the request of the owner, or if the owner of a cat or dog brings his/her animal to the animal shelter for the purpose of destroying or disposing of same, the director health officer shall charge and collect a fee in accordance with the fee schedule established by the board of supervisors.

7.08.250 Disposition of infirm animals.

A. It is unlawful for any person to keep, abandon or turn loose without care any animal suffering distress from disease, injury, old age or other infirmity. Any such animal taken up by the director health officer may be euthanized.

B. This section shall not apply to persons keeping diseased, injured, or infirmed animals or old pets which are under medical care from a veterinarian. A written statement prepared by a duly licensed veterinarian shall be deemed sufficient evidence of such care.

7.08.260 Disposition of dead animals.

The owner of any animal which dies shall bury or otherwise dispose of such animal in a manner so as not to create a nuisance or health hazard. Whenever a dead animal is discovered within the unincorporated areas of the county, which has not been properly disposed of, the director health officer shall order its owner to dispose of it properly. If his the order is not promptly obeyed, the director health officer may employ any person to dispose of the dead animal and shall charge against and collect from its owner the reasonable cost of the disposal of the animal. In the event the owner of the animal is unknown, the director health officer may employ any person to remove and dispose of the animal, the costs of which shall be a charge against the county.

7.08.270 Dangerous animals.

The director health officer may declare an animal to be dangerous if he has evidence to believe that it poses a potential hazard to the health and safety of humans, other animals or property. In determining whether or not an animal is dangerous, the director health officer shall be guided by, but not limited to, the following criteria:

A. Whether the animal has bitten any person or other animal, damaged property, or has attempted or threatened to do so;

B. Circumstances indicating the temper or ferocity of the animal; and

C. Its general menace to the public.

In addition to other circumstances that the director may consider, an animal shall not be declared dangerous under the following conditions:

No dog may be declared dangerous 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 dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared dangerous 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.

No dog may be declared dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, predator control dog, or ranch 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.

7.08.280 Handling of dangerous animals.

A. If the director health officer determines that an animal is dangerous, he shall thereupon give a written order to the owner of the animal to keep it at all times securely fastened or confined within the owner's property in a specified manner so as to prevent it from having the opportunity to bite any person or other animal or damage any property.

The director will perform periodic inspections to ensure compliance.

B.C. Any animal determined to be dangerous by the director health officer that bites or otherwise injures a person or other animal or damages property may be impounded for euthanasia. At the time of impoundment the director health officer shall notify the animal's owner in writing of the right to appeal the euthanasia and the appeal procedures in subsection (c) (d)of this section.

C.D. The appeal shall be made in writing to the director health officer and filed within five (5) working days of the impoundment. The appeal shall list the name, address and phone number of the legal owner(s) of the animal(s) and shall state the reason(s) for opposition to the euthanasia. The appeal shall be heard within two (2) weeks of its filing by an administrative review board appointed by the director health officer. The disposition of the appeal shall be as described by a majority of the review board.

7.08.290 Violation of order on dangerous animal.

Any violation by the owner of a dangerous animal of an order of the director health officer pertaining to that animal constitutes a misdemeanor punishable as provided in Section 1.12.030 of this code

7.08.300 Wild or exotic animals - Requirements for keeping.

The health officer may authorize by permit the keeping or maintaining of any wild, exotic or carnivorous undomesticated animal when, in his opinion, the animal may be kept or maintained without endangering the safety of any person, other animal or property or creating a nuisance; provided, however, that the health officer may require that the animal be properly caged, tethered or restrained and may impose such additional requirements as he deems necessary and proper under the circumstances.

7.08.310300 Wild or exotic animals - Possession without permit unlawful.

A. It is a misdemeanor for any person to have, keep, maintain, breed, sell, trade, exhibit or let for hire any wild, exotic or carnivorous undomesticated animal without first obtaining a special permit from the director health officer pursuant to this section.

B. Animals Otherwise Licensed. The licensing provisions of this section shall not be applicable to licensed circuses, carnivals, pet shops, veterinary hospitals or zoos. or other collections of wild, exotic or carnivorous undomesticated animals under the jurisdiction of a city, the county, the state or the federal government.

7.08.320310 Wild or exotic animals - Permit fees.

No person shall keep a wild or exotic animal without a permit issued by the director health officer. Permit fees for keeping wild or exotic animals, which shall be collected in accordance with the fee schedule as established by the board of supervisors, are due and payable before the permit is issued and in each and every year thereafter on the anniversary date that the permit was issued. The fee is delinquent thirty (30) days after it is due and if not paid within thirty (30) days of the delinquent date will be increased by fifty percent (50%).

7.08.330320 Wild or exotic animals - Inadequate care - Permit refused.

Any person who in the opinion of the director health officer is unable to maintain and provide for any wild, exotic or carnivorous undomesticated animal adequately and safely shall not be issued a permit.

7.08.340330 Wild or exotic animals - Permit denial - Appeal.

Any person denied a permit for a wild, exotic or carnivorous undomesticated animal may appeal the denial to the director health officer within thirty (30) days of the denial. The permit applicant(s)shall be notified in writing at the time of denial of the right of appeal and the procedures pertaining to the appeal process. Appeals must be in writing and state the name, address and phone number of the applicant(s) for the permit. The director health officer shall appoint an administrative review board to hear the appeal. The appeal shall be heard within two (2) weeks of its filing with the director health officer and the disposition of the permit application shall be as decided by a majority of the administrative review board.

7.08.350340 Wild or exotic animals - Inspections - Permit revocation.

The director health officer may at any time inspect the premises where any wild, exotic or carnivorous undomesticated animal is proposed to be kept or is kept, and may investigate the conditions underwhich any such animal will be or is maintained in order to determine the appropriate requirements to include in any permit to be issued or whether the existing conditions comply with requirements of an issued permit. He The director may at any time add to or modify the requirements of an issued permit when in his the director's opinion the public health and safety so require. The director health officer may, after notice and hearing, revoke such permit upon a showing of persistent violations of the terms or requirements thereof.

7.08.360350 Wild or exotic animals - Notice of escape.

Any person keeping or maintaining a wild, exotic animal which escapes from its confinement shall immediately notify the director health officer of such escape.

7.08.370360 Wild or exotic animals running loose - Impoundment - Disposition.

Wild, exotic or carnivorous undomesticated animals found running loose may be impounded in accordance with the provisions of this chapter. Neither the county nor its officers, agents or employees shall be liable for injury to or disease contracted by such animal while being captured, transported or impounded. Wild, exotic animals found at large and injuring, damaging or threatening to injure or damage any person or property will be deemed to be a public nuisance and may be summarily destroyed. Neither the county nor its officers, agents or employees shall be liable for any such summary destruction. Reclamation by an owner or keeper of any impounded wild, exotic animal may be permitted upon payment to the director health officer of his the actual costs of the impounding and care of such animal.

7.08.380 Sale or disposal of live animals.

A. Live animals shall be given away or sold only on private property which is the residence of their owner. Businesses licensed to sell animals are exempt from this section.

B. Any person who maintains, operates, leases, rents or lends space at a swap meet shall not permit, cause, display for, or promote the sale of live animals at such swap meet. "Live animal" as defined by this section shall include, but is not limited to dogs, cats, birds, fish, poultry, rabbits and livestock.

7.08.370 Sale, Adoption and Other Transfers of Live Animals.

A. Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license requirements of the County of Kern applicable to the transferred animal.

B. No person shall present any live animal for sale, adoption, barter, exchange, or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this section shall include but is not limited to dogs, cats, birds, fish, poultry, rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to:

Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110;
Dog or cat shows;
Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or
Livestock auctions or similar activities.

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

D. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.

E. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of eighteen years, without the written permission of one of the minor's parents or legal guardians.

7.08.390380 Animals creating a nuisance.

A. The keeping or harboring of any animal dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any considerable number of persons or any neighborhood is unlawful and is a public nuisance, and each day that such act is continued constitutes a separate offense. It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal or fowl committing such act is a public nuisance. In addition, any dog animal which is impounded or whose owner is cited under this section because of the dog's animal's disturbances three (3) or more times within any twelve (12) month period is a public nuisance.

B. Whenever it is affirmed with justification in writing by two or more persons, within a 90 day period, having separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the director shall attempt to verify the complaint. If the director determines a public nuisance exists he may issue a citation against this section.

C. Notwithstanding any other provision of this section, when the director personally witnesses a public nuisance, as described by the complainant, he may issue a citation. Violation of this section shall be a misdemeanor punishable as provided in Section 1.12.030 of this code.

B. Whenever the health officer any of his animal control officers has reasonable cause to believe that a public nuisance as defined in this section exists, he they may conduct an investigation of such alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons having separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the health officer shall investigate the alleged public nuisance; provided, however, that where there is only one (1) resident or one (1) person regularly employed within one hundred (100) yards of the alleged public nuisance, written affirmation of only that one (1) person is required for the health officer to investigate the alleged public nuisance.

C. If, upon investigation, the health officer determines that the animal is a public nuisance, they may declare it to be such and may issue an order to the owner of the offending animal directing that the nuisance be abated. In the event that the owner does not comply with the abatement order, the health officer may immediately refer the matter to the district attorney for prosecution of the public nuisance.

D. If the owner of any animal declared a public nuisance fails to comply with an abate-ment order of the health officer and has been convicted of violating this section three (3) or more times, the health officer may issue an order directing the owner to appear at a hearing before the administrative hearing board, to show cause why the owner of the animal should not be required to surrender the animal to the health officer. At the conclusion of the hearing, the board may order that the animal be surrendered and destroyed or that specified lesser measures as it deems necessary to abate the nuisance be followed by the animal's owner. Any violation by the animal's owner of the board's order is a misdemeanor punishable as provided in Section 1.12.030 of this code, and upon conviction thereof the owner shall surrender the animal to the health officer for disposal.

7.08.400 Horses permitted only on designated trails.

It constitutes an infraction for any person to lead or ride any horse or to have any horse in his possession except upon designated riding trails.

7.08.410390 Resisting actions of the director health officer.

A. No person shall obstruct or interfere with the director health officer in the performance of his the duties under this chapter or aid or abet others in so doing.

B. No person shall remove or attempt to remove any animal taken into custody by the director health officer without his authorization.

C. No person shall cause or aid the escape of any animal sought for custody by the director health officer or aid or abet others in doing so.

D. Any person who commits any act prohibited by this section is guilty of a misdemeanor punishable as provided in Section 1.12.030 of this code

7.08.420 400 Permit revocation - Hearing and notice.

A. Prior to revoking a permit or seizing any animal from the owner or the owner's property, the permittee or owner of such animal shall be afforded an opportunity for a hearing, as set forth herein, unless such animal poses a present danger to life or property or is not confined and has been observed committing a nuisance and its immediate seizure is necessary to prevent harm or nuisance to humans, animals or property, and except as set forth in Section 7.08.120 of this chapter, or the seizure is pursuant to court order.

B. Written notice containing the information required by this section shall be sufficient if it provides reasonable time and opportunity to appear at the hearing and a copy of the notice is served on the permittee or owner or person in control of the animal as follows:

1. By personal delivery. Service in this manner shall be deemed complete at the time of such delivery, or

2. Posting a copy of the notice in a conspicuous place on the door or near the doorway of the main entryway of the permittee's premises or the premises at which the animal is found, or mailing a copy to the permittee or owner at the permittee's or owner's last known address, by registered or certified mail. Service in this manner shall be deemed complete seventy-two (72) hours after such posting and mailing has been accomplished.

3. Actual notice of the hearing shall be deemed sufficient service of the notice.

C. The notice shall be in bold ten (10) point type or larger and shall contain the following information:

1. A description of the animal or permit;

2. The address or description of the location where the permittee's facility or animal is located;

3. The grounds for revoking the permit or seizing the animal, stating the time(s), locations(s), circumstances and events giving rise to the necessity for the seizure of the animal or revocation of the permit;

4. The proposed action to be taken with respect to the animal or to the permit;

5. The time, date and place of the hearing conspicuously placed in the notice;

6. The right to oppose the proposed action by written, documentary, physical or oral evidence;

7. The right to be represented by an attorney or other person at the hearing; and

8. The name and telephone number of the person to contact if the permittee or owner wishes to continue the hearing to a more convenient date or time.

D. At the time and place set forth in the notice a hearing shall be held before the administrative review board if any person appears to oppose the revocation of the permit or the seizure of the animal. The board shall consider all relevant evidence submitted at the hearing; however, all evidence in support of the proposed action shall be in the form of sworn testimony, affidavits or declarations under penalty of perjury made in conformance with Section 2015.5 of the California Civil Code.

E. If the permitholder or owner expresses a desire to continue the hearing prior to the hearing or set the hearing at a different time, such request shall be granted; but any continuance shall not exceed seventy-two (72) hours from the time originally set for the hearing unless good cause therefor is shown. In determining whether the reason given for continuing the hearing constitutes good cause, the administrative review board shall consider the danger, if any, to the public such continuance will pose.

7.08.430410 Violations - Penalties

With the exception of those acts expressly declared in any section of this chapter to be misdemeanors, any act in violation of the provisions of any section in this chapter is an infraction punishable by a fine of fifty dollars ($50.00) for the first offense, and for a second or subsequent offense a fine of one hundred dollars ($100.00). These fines shall be in addition to any cost or fee provided for in this chapter for the redemption or disposition of impounded animals. A person is guilty of a separate offense for each animal and for every day during which a violation of any of the provisions of this chapter is committed, continued or permitted by such person.

7.08.420 Public Education Program.

A. For five years from the adoption of this ordinance there shall be an intense public education campaign in effect. Pet owners will be provided information on local spay/neuter clinics and spay/neuter voucher assistance programs. Public education program to include but not be limited to public advertising, school programs, informational campaigns to encourage licensing and the responsible, humane treatment of dogs and cats, the prevention of unwanted, ill-advised and accidental breeding of dogs and cats.

B. Educational materials will be provided to those individuals who allow any dog or cat owned, harbored or kept by that person within the unincorporated areas of Kern County to breed or reproduce during this five year period.

7.08.430 Spaying and Neutering of Dogs and Cats Program.

Department will develop a Spaying and Neutering Program to include:

1. Financial assistance with the costs of spaying and neutering dogs and cats,

Offer information on other programs and veterinary services to pet owners,
Develop and disseminate spay/neuter education materials,
Implement programs encouraging spaying and neutering as well as other aspects of humane animal care,
Develop and maintain statistical information for use by Department to determine the best methodologies for pet population control, and
Run a foster/adoption program.

The following requirement shall apply to the sale, adoption, giving away or other release of any dog or cat by the breeder:

1. Animals shall be eight (8) weeks of age or older.

2. There will be a limit of one litter per year, per female dog or cat.

7.08.440 Monitoring.

Kern County Animal Control shall provide an annual report to the Board of Supervisors no later than 14 months from the adoption of this ordinance and annually thereafter.

An ordinance review by the Board of Supervisors as to the effectiveness of this ordinance shall be performed five years after adoption of ordinance. Any modifications required by this review shall be implemented.

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