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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. IN GENERAL

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
IN GENERAL

Sec. B31-1. Definitions.

The words and terms used in this division shall have the following meanings unless the context clearly indicates otherwise.

(a) Animal: Any live vertebrate creature, domestic or wild, except fish.

(b) Animal Control Officer: Any person authorized to act on behalf of the County Manager of Animal Care and Control in the enforcement of this division, and on behalf of the County Health Officer in the enforcement of rabies control laws.

(c) Animal menagerie: Any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, trained or kept for hire.

(d) Animal shelter: A facility operated by a public jurisdiction or by an accredited, tax-exempt humane organization, including a wildlife or animal rescue organization, for the purpose of impounding, harboring, selling, placing or destroying seized, stray, distressed, homeless, abandoned or unwanted animals.

(e) Cat: A domestic cat (Felis catus).

(f) Commercial kennel: Any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation as permitted under the County Zoning Ordinance. Animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters or private kennels shall not be considered commercial kennels.

(g) Dangerous animal: Any wild, exotic or venomous animal, or other animal that because of its size, disposition or other characteristic would constitute a danger to persons or property.

(h) Dog: A domestic dog (Canis familiaris), excluding wolf hybrids.

(i) Feral cat: A domestic cat that lives in wild state and cannot be socialized.

(j) Grooming parlor: Any commercial place where animals are trimmed, bathed or groomed.

(k) Health Officer: The County Director of Public Health or any person authorized to act on his or her behalf.

(l) Homeless cat: A domestic cat that has been abandoned by its owner/guardian, strayed from its owner/guardian, or is born feral.

(m) Manager: The Manager of the Animal Care and Control Division or any person authorized or designated by the Manager to act on his or her behalf.

(n) Owner/Guardian: Any person who acknowledges ownership/guardianship of an animal or who harbors, keeps or feeds an animal for five or more consecutive days. The use of the term "guardian" or "guardianship" is solely to influence the public for the responsible treatment of animals and does not change the legal rights or duties of animal owners.

(o) Person: Any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

(p) Pet shop: A person who obtains animals for sale, exchange, barter or hire to the general public as a principal or agent, or on consignment, or who holds himself or herself out to be so engaged.

(q) Potentially dangerous dog: Any dog, except a dog assisting a peace officer engaged in law enforcement duties, which:

(1) When unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that required a defensive action by any person to prevent bodily injury when the person and the dog are off property of the owner/guardian or keeper of the dog.

(2) When unprovoked, bites a person causing a less severe injury than defined in Section B31-1(v) pertaining to "vicious dog."

(3) When unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner/guardian or keeper of the dog.

(r) Private kennel: Except as provided in Subsection B31-32(b) and (c), and subject to a private kennel permit and as permitted by the County Zoning Ordinance, a private residence or adjunct wherein three to seven dogs over four months of age, or six to ten cats over four months of age, are maintained.

(1) In no case shall the combined total of dogs and cats exceed ten.

(2) All such animals shall be for the owner/guardian's recreational use, for exhibition in conformation shows and field or obedience trials, for use in nonprofit search and rescue operations, for use in nonprofit activities in hospitals and schools, and where the sale of the offspring is not the primary function of the kennel.

(3) The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition, rearing or harboring of more than one litter of dogs or cats in any one calendar year, shall create a rebuttable presumption that such animals are owned/under the guardianship of or maintained for commercial purposes. In such case, the owner/guardian and the premises shall be subject to the commercial kennel permit requirements.

(s) Quarantine: Isolation of an animal in a place and manner approved by the Health Officer.

(t) Vicious dog: Any dog:

(1) Seized under California Penal Code Section 599(aa) and upon the sustaining of a conviction of the owner/guardian or keeper under California Penal Code Section 597.5; or

(2) Which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. Severe injury shall mean any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery; or

(3) Previously determined to be and currently listed as a "potentially dangerous dog" which, after its owner/guardian or keeper has been notified of this determination, continues the behavior described in Section B31-1(s) or is maintained in violation of California Food and Agricultural Code Section 31641, 31642, or 31643.

(Ord. No. NS-300.745, § 1, 5-2-06; Ord. No. NS-300.878, § 1, 10-2-07)

Sec. B31-2. Division does not regulate use of land.

This division is not intended to regulate the use of land. The Santa Clara County Zoning Ordinance (Appendix I) regulates the number and types of animals and animal establishments which may be maintained in various zoning districts. Nothing in this division is intended to supersede the provisions of the Santa Clara County Zoning Ordinance.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-3. Animals running at large.

(a) No person owning/as the guardian of or having control of any animal shall permit such animal, except for a homeless cat belonging to a registered cat colony pursuant to Section B31-53, to stray or run at large upon any public street or other public place, or upon any private place or property. In addition, no animal may stray on property under common ownership, or common area of any planned development, cluster, townhouse or condominium project, without the consent of the owners or persons in control thereof.

(b) No person shall permit a cat that has not been spayed or neutered to stray or run at large pursuant to Subsection (a) above.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-4. Reserved.

Sec. B31-5. Animal bites; quarantine, violation and examinations.

(a) Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report that fact to the Animal Care and Control Division or Health Officer with full information in regard to the incident.

(b) Upon receipt of such a report, an Animal Control Officer shall quarantine such dog and cat for a period of ten days and other animals for a period of fourteen days or such other period as may be prescribed by the State Department of Health. The Animal Control Officer may order the owner/guardian to quarantine the animal on his or her premises. However, the failure or inability of the owner/guardian to quarantine the animal shall result in the immediate seizure and quarantine of the animal in accordance with the provisions of Chapter 2, herein.

(c) Any person who fails, refuses or neglects to quarantine any animal as ordered by the Health Officer, or who refuses to allow the Health Officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without the written permission of the Health Officer.

(d) The Manager may charge a fee, as set forth in a resolution of the Board of Supervisors, for the County's costs of quarantining dogs and cats and inspections for quarantine of animals. Any fee charged shall be paid by the owner/guardian or person who has legal custody of the animal. In addition, and if applicable, the Manager may also charge a fee as set forth in a resolution by the Board of Supervisors for the actual costs of the Animal Care and Control Division to house, feed and otherwise care for a quarantined animal.

(e) The head of any animal that dies or is destroyed while under quarantine shall be submitted to the laboratory of the County Health Department for rabies and examination.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-6. Diseased animals.

(a) The owner/guardian or person with the right to control any animal which he knows to be infected with any disease transmittable to humans shall not permit such animal to remain within the County other than at a veterinary hospital approved by the Health Officer, unless the Health Officer approves an alternate means of confinement.

(b) The Animal Control Officer shall seize any animal he or she believes to be infected with any disease transmittable to humans. The Animal Control Officer shall keep such animal in a safe place for a period sufficient to observe, examine and determine whether such animal is diseased. Animals found to be diseased may be destroyed. The Animal Control Officer shall comply with the impoundment procedures set forth in Chapter 2, herein.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-7. Dead animals

(a) Upon the death of any animal, the owner/guardian or person in charge thereof shall provide for the burial, incineration, or other disposition of the body of such animal within forty-eight hours. If the owner/guardian or person in charge of any dead animal is unable to provide for burial or other dispositions, he or she may request the Animal Control Officer to dispose of the body of such animal.

(b) Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the Animal Control Officer shall remove such body immediately; provided however, that the Animal Control Officer shall not be required to remove and dispose of bodies of dead animals on state highways or on state property. Before disposing of the body of a dead animal, the Animal Control Officer shall give notice to the owner/guardian of said animal, if he or she is known, within seventy-two hours of the time that the dead animal is removed.

(c) The Manager shall collect a fee as set forth by resolution of the Board of Supervisors sufficient to defray the costs incident to the removal and disposal of the dead animal(s) which shall be paid by the owner/guardian or person in charge thereof, if known. However, no fee shall be charged to the owner/guardian or person in charge of a dead dog or cat if that person has attainted the age of sixty-five years.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-8. Abandoned animals.

It is unlawful to abandon any animal in the County of Santa Clara.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-9. Animals in County buildings.

No person having the control or care of any animal or animals shall permit such animal to enter or remain in County-owned or managed buildings other than the building used for the purpose of care, detention, control or treatment of animals, or a building used for trained classes, shows or exhibitions, except guide, signal or service dogs used by blind, deaf, disabled persons, respectively, or persons authorized by the Manager.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-10. Authority of Manager and Animal Control Officer.

The Manager and Animal Control Officer shall have the following power and authority:

(a) To enforce the provisions of this division and state laws relating to the care, treatment, impoundment and destruction of animals.

(b) To arrest or issue a citation to any person who violates any provision of this division in the manner provided by California Corporations Code Section 14503.

(d) To formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this division. Such rules and regulations shall have the same force and effect as this division, and any violations of such rules and regulations shall be deemed an infraction.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-11. Right of entry by Animal Control Officer.

The Manager and/or Animal Control Officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this division. A search warrant shall be obtained whenever required by law.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-12. Providing false information.

It shall be unlawful for a person to willfully and knowingly provide false or misleading information to the Animal Care and Control Manager, Animal Control Officer or Animal Care and Control Division regarding animal ownership/guardianship, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state law or County ordinances.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-13. Public nuisance.

(a) No person owning/as the guardian of or having control of any animal or animals shall permit such animal(s) to do any of the following:

(1) Defecate or urinate on private property other than that of the owner/guardian or the person having control of the animal;

(2) Defecate or urinate on public property without immediately cleaning or removing the excrement to a proper receptacle;

(3) Permit an animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passers by, barking, howling, baying or making any other noise;

(4) Permit unsanitary conditions to exist on the premises where said animal or animals are kept which would cause unreasonable odors, attract excessive flies or vermin, cause erosion, impair water quality or otherwise be injurious to public health and safety, or be indecent, or be offensive to the senses, or be an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by the neighborhood, community or persons.

(b) The Animal Control Officer may seize and impound any animal or animals causing a public nuisance, subject to the procedure set forth in Chapter 2, herein.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-14. Animals and vehicles.

(a) No person, other than an individual then actually in the process of working a do or other animal for ranching purposes, shall transport or carry the animal in a motor vehicle on any public highway or public roadway, unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from a motor vehicle.

(b) No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures that may adversely affect the health or well being of the animal.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-15. Adoption of animals.

(a) Any person adopting an unspayed or unneutered dog or cat from the Santa Clara County animal shelter shall have said animal spayed or neutered or present the animal to the County animal shelter for spay or neuter on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement, the adoption agreement will be modified accordingly.

(b) In accordance with the agreement signed at the time of adoption, the adopted animal shall remain the property of the County animal shelter until such time as the animal has been spayed or neutered and recovered from the procedure.

(c) The failure to spay or neuter the animal by the date specified in the adoption agreement, or failure to present the animal to the County animal shelter for spay or neuter surgery may result in the seizure of the animal in accordance with the provisions of Chapter 2, herein. In the event the animal is seized and spayed or neutered, the animal will be returned to the adopter. The adopter shall be charged a fee set forth by resolution of the Board of Supervisors for the cost of performing the spay or neuter and transporting the animal to and from the shelter.

(d) Violation of this section shall be deemed an infraction and shall be punishable in accordance with Section B31-16.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-16. Infraction where specified.

Any person found guilty of violating any provision of this chapter specified as an infraction, shall be deemed guilty of an infraction, punishable as provided by California Government Code Section 25132. Each day of such violation shall constitute a separate infraction.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-17. Severability.

The provisions of this chapter are severable; and if any provision, clause, sentence, section, word or part herein is found to be invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts of the chapter or its applicability to other persons or circumstances.

(Ord. No. NS-300.745, § 1, 5-2-06)

Secs. B31-18, B31-19. Reserved.