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. 350, Art. I, 7-10-73; Ord. No. 448, § 1, 4-9-85; Ord. No. 569, § 1, 2-3-98)

Sec. 4-2. - Short title.

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

(Ord. No. 350, § 1, 7-10-73)

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 with which the county has contracted to carry out the provisions of this chapter.

Animal control officer shall mean the animal control division supervisor or any person employed by the county or 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 license fee collector shall mean the animal control officer or any person or entity delegated by and under the supervision of the animal control officer for the purpose of issuing animal licenses or the Lemoore, Corcoran, or Avenal divisions of the Kings County Municipal Court.

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.

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

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

Dog kennel shall mean any place or premises where four 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 or society for the prevention of cruelty to animals.

Diseased or injured animal. A "diseased or injured animal" is any animal not suspected of rabies which is apparently either diseased, sick, injured, disabled, infirm or crippled.

Fowl as used herein includes chickens, turkeys, emus, ostriches, and all other domestic or domesticated fowl other than household pets.

Harboring. A person "harbors" a dog within the meaning of this chapter when he feeds or shelters a dog.

Livestock as used herein includes horses, ponies, mules, burros, jack 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.

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 or chain continuously held in the hand of a responsible person capable of controlling such dog.

(Ord. No. 350, § 2, 7-10-73; Ord. No. 448, § 2, 4-9-85; Ord. No. 569, § 2, 2-3-98)

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

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

(Ord. No. 350, § 47, 7-10-73; Ord. No. 377, § 3, 6-7-77; Ord. No. 569, § 3, 2-3-98)

Sec. 4-5. - Privileged entry.

For the purpose of discharging the duties imposed by this chapter or other applicable law and to enforce the same, the animal control officer or any peace officer may enter upon private property, except dwellings located thereon, as follows:

(a)

During daylight.

(1)

When in pursuit of any animal which he has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.

(2)

To impound or place in isolation any animal thereon which he has any cause whatsoever to believe or suspect has rabies or is a biting animal.

(3)

To inspect or examine animals isolated thereon pursuant hereto or other applicable law.

(b)

At night.

(1)

When in pursuit of an animal which he has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.

(2)

To impound or place in isolation any animal thereon which he has any cause whatsoever to believe or suspect has rabies or is a biting animal.

As a condition of the authority set forth in this section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose for such entry.

(Ord. No. 350, § 48, 7-10-73)

Sec. 4-6. - Confinement regulations.

The animal control officer may make rules regulating the size and type of cage or other means of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the animal control officer or the county health officer to carry out the purpose of this chapter and to insure the maintenance of humane, sanitary conditions and the safety of persons and property. A copy of the rules and regulations shall be furnished by the animal control officer upon request. In applying the regulations to a given situation, the animal control officer shall take into consideration the type, nature, disposition and training of the animal involved.

(Ord. No. 350, § 49, 7-10-73)

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. 350, § 50, 7-10-73; Ord. No. 569, § 4, 2-3-98)

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. 350, § 51, 7-10-73)

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 same. Neither the county, nor its officers, agents or employees shall be liable for injury or disease to any animal incurred while said animal is being captured, transported, or impounded.

(Ord. No. 350, § 52, 7-10-73)

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.

(Ord. No. 350, § 53, 7-10-73; Ord. No. 377, § 4, 6-7-77; Ord. No. 569, § 5, 2-3-98)

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. 350, § 54, 7-10-73; Ord. No. 377, § 5, 6-7-77)

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. 350, § 55, 7-10-73; Ord. No. 377, § 6, 6-7-77)

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. 350, § 56, 7-10-73)

Sec. 4-14. - Rates and charges.

The board of supervisors may, by resolution or order, establish rates or charges for services provided or licenses issued under the provisions of this chapter.

(Ord. No. 350, § 57, 7-10-73; Ord. No. 388, § 1, 12-19-78)

Secs. 4-15—4-20. - Reserved.