Printable Version Chapter 11.04 Communicable Disease Control
Part 2. Rabies Control and Vicious Animals
Sections
11.04.200 Persons bitten by certain animals -- Report required -- Treatment.
11.04.210 Confinement of biting animals -- Procedure generally.
11.04.220 Confinement of biting animals -- Alternate procedures.
11.04.225 Fee for Confinement of Biting Animals.
11.04.230 Owner of biting animal -- Report required -- Examination of confined animal.
11.04.240 Owner of biting animal -- Quarantine requirements -- Examination of dead animal.
11.04.250 Destroying quarantined animal prohibited -- Exception.
11.04.260 Suspected rabid animals -- Owner report and confinement duty.
11.04.270 Quarantine of animals coming in contact with rabid animals.
11.04.280 Vicious animals -- Identification procedure -- Confinement requirements.
11.04.290 Vicious animals -- Appeal from quarantine requirement -- Hearing procedures.
Expanded Codes11.04.200 Persons bitten by certain animals -- Report required -- Treatment.
It shall be the duty of each physician to report to the director any case coming to the physician's attention in which a person has been bitten by, or otherwise exposed to, an animal of a species subject to rabies, giving the full name, age and address of the person who has been bitten. If no physician is in attendance on said case, said report shall be made by the person bitten or otherwise exposed, or, in the case of a minor, by his parent or guardian. The director shall ascertain that said individual is treated as the director, in his opinion and discretion, deems necessary for the protection of said individual, and the director shall order the quarantine and observation of the biting animal until it is established by the director that such animal does not have symptoms of rabies. (Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 218, 1959.)
11.04.210 Confinement of biting animals -- Procedure generally.
The biting animal shall be quarantined, confined and observed for at least 14 days (dogs and cats, 10 days) after the day of infliction of the bite, with the exception that the following alternative to the 10-day isolation of dogs and cats is permitted: dogs or cats which have been isolated in strict confinement, under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital or other adequate facility, in a manner approved by the local health officer, may be released from isolation by the local health officer after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. (Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 219, 1959.)
11.04.220 Confinement of biting animals -- Alternate procedures.
A. The quarantine described in Section 11.04.210 may be made on the property of the person having charge, custody or control of such animal when adequate quarantine facilities are available; or, at the discretion of the director, such animal may be placed under quarantine and observation in any licensed boarding kennel.
B. Should the animal be relinquished by the owner to the director to be disposed of upon release from quarantine, the director may, at his discretion, impound such animal in an approved animal control facility. (Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 220, 1959.)
11.04.225 Fee for Confinement of Biting Animals.
- Under the conditions described in subsection B of this section, the county shall recover a fee of $50.00 for the costs incurred by the department in the confinement of a biting animal as described in Sections 11.04.200, 11.04.210 and 11.04.220. The county shall also recover any related costs, including care and feeding of the confined animal, and any reasonable costs that it may incur in connection with the collection of such fees.
- The fee shall be assessed when:
- The director or his designee confines an animal described in Section 11.04.200 on the owner or custodian's premises and the victim of the bite is not the owner or custodian of the animal; and
- The victim was not engaged in an illegal activity against the person or on the property of the owner or custodian.
- Notwithstanding the above, the fee shall not be assessed when the animal is a police dog or guide dog as defined in California Health and Safety Code Sections 1919 and 1919.1.
- The director or his designee may waive, in full or in part, the above fee, if necessary to accomplish the protection of animal or public health, safety or welfare. (Ord. 93-0055 §11, 1993.)
11.04.230 Owner of biting animal -- Report required -- Examination of confined animal.
Whenever the owner or person having charge, custody or control of any animal observes or learns that such animal has bitten or otherwise exposed a human being, such owner or person having charge, custody or control of such animal shall report the incident at once to the director and shall confine such animal in an enclosure, or shall securely hold and restrain said animal, by chain or other device, for examination and observation by the director. No owner or person having charge, custody or control of such animal shall fail, refuse or neglect to allow the director to make an inspection or examination of such animal for the purpose of determining whether such animal has symptoms of rabies. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 221, 1959.)
11.04.240 Owner of biting animal: Quarantine requirements - Examination of dead animal.
No owner or person having charge, custody or control of any animal biting or otherwise exposing a human being shall fail, refuse or neglect to confine in an enclosure, or securely hold and restrain such animal by chain or other device, upon the premises of the owner or person having charge, custody or control of such animal, for the period of quarantine as shown in Section 11.04.210. Should such animal die while under quarantine and observation, the owner or person having charge, custody or control of such animal shall surrender the carcass of such animal or such portion of the carcass as may be demanded by the director. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 222, 1959.)
11.04.250 Destroying quarantined animal prohibited -- Exception.
It is unlawful for any owner or person having charge, custody or control of any animal that has bitten or otherwise exposed a human being or is suspected of having rabies to destroy such animal, or have such animal destroyed, during the quarantine period, unless permission is granted by the director. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 223, 1959.)
11.04.260 Suspected rabid animals -- Owner report and confinement duty.
Whenever the owner or person having charge, custody or control of any animal learns or observes that such animal has shown symptoms of rabies or has acted in a manner which would give said person or owner reason to believe that said animal has rabies, it shall be unlawful for such owner or person having charge, custody or control of such animal to fail, refuse or neglect to notify the director at once and to confine such animal in an enclosure, or to securely hold and restrain such animal by chain or other device until it shall be established that such animal does not have symptoms of rabies, or to fail, refuse or neglect to allow the director to inspect or examine such animal for symptoms of rabies. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 224, 1959.)
11.04.270 Quarantine of animals coming in contact with rabid animals.
Animal contacts of a known rabid or suspected rabid animal shall be quarantined in a place and manner, and for a period of time, designated by the director. (Ord. 10728 § 3 (part), 1973: Ord. 7583 Part 2 § 225, 1959.)
11.04.280 Vicious animals -- Identification procedure -- Confinement requirements.
A. It shall be the duty of the director, upon receipt of an affidavit from any person who has been bitten by an animal or from a person who has witnessed such an occurrence, to investigate and, upon reasonable indication of the animal's viciousness, to notify the owner or custodian of such animal, in writing, to keep such animal at all times confined strictly to the premises of said owner or custodian in such a manner that the animal may not do bodily harm to any person having legitimate reason to be upon the premises of said owner or custodian.
B. Permanent Quarantine. After the receipt by the owner or custodian of such animal of the notice as provided in subsection A of this section, the owner or custodian shall at all times thereafter keep such animal, or cause such animal to be kept, on the property or premises where such owner or custodian resides, in the manner specified in subsection A above. Such animal shall not be moved from the place of quarantine or disposed of in any manner without the permission of the director, and in the event of the death of the animal, the carcass of the animal shall be surrendered by the owner or custodian to the director on demand, as proof of the death of the animal. (Ord. 10728 § 2 (part), 1973: Ord. 7583 Part 2 § 226, 1959.)
11.04.290 Vicious animals -- Appeal from quarantine requirement -- Hearing procedures.
Any person whose animal has been declared vicious and placed on permanent quarantine may petition the director for a hearing. Such a petition shall be in writing, signed by the applicant, and shall set forth in detail the facts and reasons upon which his petition is based. If the director finds that the facts upon which he based his order of quarantine no longer exist, he shall rescind the quarantine. Otherwise, he shall set the matter for a public hearing not less than 60 days after the filing of the petition and, in writing, either by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, not less than five days prior to the hearing, notify the applicant of the time and place thereof.
The director shall give the petitioner and all other persons who desire to be heard an opportunity to testify and to present any relevant facts. The director may place any witness under oath. The director, when he deems it necessary, may continue the hearing at any time and shall give notice thereof at the hearing or as required when the matter is first set for hearing. At the close of the hearing or within 10 days thereafter, from the evidence presented, the director shall determine the facts and shall take the action required thereby, continue the quarantine, set aside the quarantine, or such other action as is required by law under the facts. He may notify the petitioner at the close of the hearing as to his ruling if the petitioner is present, either in person or by counsel. Otherwise, he shall notify the petitioner of his action by a notice in writing served by first class mail, postage prepaid, or in the manner required for the service summons in a civil action. (Ord. 10728 § 4, 1973: Ord. 7583 Part 2 § 227, 1959.)