Glenn E. Anderson Agricultural Commissioner Sealer of Weights and Measures California Plant Quarantine Officer Director of Animal Control COUNTY OF DEL NORTE DEPARTMENT OF AGRICULTURE 2650 Washington Boulevard Crescent City, California 95531 Phone (707) 464-7235 FAX (707) 465-6044 e-mail: dnag@co.del-norte.ca.us Date: July 17, 2006 Agenda Date: July 25, 2006 TO: The Honorable Board of Supervisors 981 H Street, Suite 200 Crescent City, CA 95531 Dear Board Members, SUBJECT: Livestock Ordinance RECOMMENDED BOARD ACTION: Adoption of the accompanying "ORDINANCE ADDING CHAPTER 8.05 OF THE DEL NORTE COUNTY CODE ESTABLISHING THE DUTIES, LIABILITIES AND RESPONSIBILITIES OF LIVESTOCK OWNERS AS TO THEIR LIVESTOCK". DLSCUSSION/SUMMARY/JUSTIFICATION: Existing Del Norte County Code lacks provisions regarding large animals/livestock control and enforcement options for problems that arise. Adoption of the accompanying CHAPTER 8.05 addition to the Del Norte County Ordinance, that has been developed in conjunction with county counsel, will provide a useful tool for animal control to protect pubic health and safety and enable the county to respond more effectively and appropriately to complaints regarding stallions and other large animals. FINANCING: n/a OTHER AGENCY INVOLVEMENT: none SIGNATURE REQUIREMENTS: County Counsel, Clerk and Chairman of the Board of Supervisors on the Ordinance Amendment. Your attention to this matter will be appreciated. Sincerely, GI nn E. Anderson, Agricultural Commissioner
BOARD OF SUPERVISORS COUNTY OF DEL NORTE, STATE OF CALIFORNIA ORDINANCE NO. 2006- AN ORDINANCE ADDING CHAPTER 8.05 OF THE DEL NORTE COUNTY CODE ESTABLISHING THE DUTIES, LIABILITIES AND RESPONSIBILITIES OF LIVESTOCK OWNERS AS TO THEIR LIVESTOCK The following ordinance, consisting of three sections, was duly and regularly passed and adopted by the Board of Supervisors of the County of Del Norte, State of California, at a regular meeting of the Board of Supervisors held on the day of, 2006, by the following vote: AYES: NOES: ABSENT: ATTEST: Sarah Sampels, Chair Del Norte County Board of Supervisors State of California Sherri Adams, Clerk Del Norte County Board of Supervisors APPROVED AS TO FORM: ROBERT N. BLACK Del Norte County Counsel
THE BOARD OF SUPERVISORS OF THE COUNTY OF DEL NORTE, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section One. This ordinance shall take effect thirty (30) days after its passage. Before the expiration of fifteen (15) days after its passage, a summary of it shall be published once, with the names of the members voting for and against the same, in a local newspaper of general circulation in the County of Del Norte, State of California. Section Two. Chapter 8.05 is hereby added to Title 8 of the Del Norte County Ordinance Code, to read in its entirety as follows: Chapter 8.05 Livestock 8.05.010 Title 8.05.020 Definitions 8.05.030 Duty of all livestock owners to be responsible owners 8.05.040 Duty to keep livestock under restraint 8.05.050 Lawful fence requirements 8.05.060 Livestock at large prohibited 8.05.070 Dangerous livestock/animals. 8.05.080 Confinement of Stallions 8.05.100 Impoundment authorized. 8.05.110 Reclaiming impounded animals. 8.05.120 Disposition of impounded animals. 8.05.130 Liability of the county, animal control unit, officers and employees 8.05.140 Violations of this Chapter declared to be a nuisance. 8.05.200 Livestock: Standards of Care 8.05.300 Obstruction. 8.05.010 Title This ordinance may be referred to as the Del Norte County Livestock Ordinance. 8.05.020 Definition A. "Livestock" means and includes horses, cows, goats, pigs or any other four legged animal, kept for any purpose, but excluding dogs and cats. "Livestock" refers to the singular as well as the plural. "Animal," as used in this Chapter, refers to livestock. B. "Owner" means any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or knowingly causes or knowingly permits livestock to be harbored or kept, or has livestock in his care, or who permits livestock to remain on or about his premises; provided, however, this shall not include a person hired or acting as custodian of the livestock for the owner thereof.
C. "Dangerous livestock" means any livestock that attacks, bites or injures human beings, pets, companion canines or other livestock or which, because of temperament has a known propensity to attack, bite or injure human beings, pets, companion animals or other livestock. Bulls, stallions, jackasses, billy goats, rams and other intact male large animals are dangerous livestock for the purposes of this ordinance. D. "Lawful fence" means a fence that conforms to the requirements of either Food and Agriculture Code section 17121 or section 17152. E. "Proper drink" means clear, drinkable water in adequate supply. F. "Proper space" means an area sufficient to enable an animal to stand to its full height, turn around, lie down, and make normal postural adjustments comfortably and provision for exercise must be appropriate for the species and sufficient to meet the needs of the animal. G. "Proper shelter" means access to shelter that provides protection from weather, i.e. sun, wind, precipitation or other inclement weather conditions and shelter that is maintained in a clean and sanitary condition, free from extreme and unreasonable objectionable odor. Animals kept in pastures and/or areas of confinement less than or equal to one (1) acre in size or one animal kept alone in any size pasture shall be provided with access to a proper shelter as defined. H. "Necessary veterinary care" means veterinary medical attention appropriate to the circumstances, whenever an animal is known or suspected to have suffered an injury, accidental or deliberate, or exhibit signs of disease process such as shock, temperature fluctuation, tremors, swelling, broken bones, open wounds, inability to eat or drink, blistering, irregular or abnormal breathing, partial or total paralysis, abnormal discharge or bleeding, mange, or other signs of health problems. I. "At large" means off the property of the owner or custodian of livestock and not under the immediate control of any person. 8.05.030 General duty of all livestock owners and custodians. It shall be the duty of every owner or custodian of any livestock to exercise reasonable care and take all necessary steps and precautions to protect other people, property, animals or domestic dogs, cats or fowl from injuries or damage which might be caused by their livestock. If the owner or custodian of any livestock is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this article are complied with.
8.05.040 Duty to keep livestock under restraint. It shall be the duty of every owner or custodian of any livestock to keep their livestock under restraint and to exercise reasonable care and precautions to prevent the livestock from leaving the real property limits of its owner or custodian, and ensure that it is securely and humanely enclosed within a building, lawful fence, pen or other enclosure out of which it cannot escape on its own volition, and that such enclosure is securely locked at any time the animal is left unattended. 8.05.050 Lawful Fence Requirements. Any person who owns or is responsible for the care, custody or control of livestock must maintain the animals within a lawful fence. 8.05.060 Livestock at large prohibited. No person shall cause, allow by negligence or otherwise, permit, or suffer livestock to be at large when the livestock is on open range. 8.05.070 Dangerous Livestock/Animals. a. Any person who owns or has in his/her custody or control any livestock known by that person to be dangerous to the safety of any person or other livestock, or any livestock about which any Animal Control Officer has given notice in writing to the owner or custodian thereof of a suspected dangerous propensity, shall keep such livestock safely and securely restrained at all times. Any such livestock which is allowed beyond safe and secure restraint is a public nuisance, and the owner of keeper of such livestock may be charged with a violation as provided in this Chapter. b. Any person who owns or has custody or control of any livestock which causes physical injury to any person or livestock while not restrained may be charged with a violation provided in this Chapter. c. If an Animal Control Officer has probable cause to believe that any livestock poses an immediate threat to public safety, the livestock may be seized and impounded pending a hearing in the Municipal Court to determine if the livestock is a public nuisance. If the Court so determines, the Court may order the nuisance abated and such other relief the Court deems proper. If the livestock that has been impounded is found by the Court to be a nuisance, the owner or keeper of the livestock shall be liable for all costs and expenses of impounding and keeping the livestock. 8.05.080 Confinement of Stallions. a. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, within fifty feet of any property line, any stallion. b. A mature stallion must be segregated from all other livestock, including other mature stallions. c. A stallion shall be confined by an enclosure with a minimum height of six feet that is constructed in such a manner as to prevent the animal's escape.
8.05.100 Impoundment authorized. An animal control officer, humane officer or peace officer shall have the authority to impound livestock in violation of this article. 8.05.110 Reclaiming impounded livestock. Any animal impounded under the provisions of this article may be reclaimed by the owner upon payment of an impoundment fee established by the Board of Supervisors, based on the expense incurred by the animal control officer and the county in keeping the livestock and giving notice of its impoundment. 8.05.120 Disposition of impounded livestock. When the animal control officer impounds any livestock under the provisions of this article, he or she shall follow the applicable provisions relating to stray animals, found in Division 9, Part 1, Chapter 7, of the Food and Agriculture Code. 8.05.130 Liability of the county, animal control unit, officers and employees. The county, the animal control unit and its officers and employees shall not be held responsible or liable for any accidents, diseases, injuries, or deaths to any livestock while being impound or boarded at the animal control facility or any facility designated by the animal control unit to house such animal. 8.05.140 Violations of this Chapter declared to be a nuisance. Any violation of this Chapter is declared to be a nuisance. Such violations are subject to all the provisions and remedies of Title 7, Chapter 7.08 of this Code. Such remedies are in addition to any other remedies under state law and the Del Norte County Code. 8.05.200 Livestock: Standards of Care. The owner or other person in control or custody of any livestock shall provide it with necessary food, proper drink and proper shelter, and at nighttime shall secure it in a pen, corral or barn, or by such other humane means as will effectively restrain it from roaming at large. Every person who stables, keeps, pastures or maintains livestock in the county of Del Norte shall at all times keep the stable or enclosure, in which such livestock is kept, clean and free from manure, mud and everything of a foul and unclean nature. The owner or custodian of any animal, wild or domestic, shall provide shelter, necessary veterinary care or attention and required vaccinations for such animal at a level which insures the animal's safety, good health, and well being. The owner or custodian shall maintain any enclosures or surroundings where the animal is kept in a sanitary condition. A person in violation of this section is guilty of a misdemeanor commencing on the third day after the owner or custodian has been given written notification of a violation of this chapter, each day the violation continues thereafter is a separate offence.
8.05.300 Obstruction. Any person who prevents, resists, threatens, or obstructs an attempt by the animal control director, animal control officer, humane officer or peace officer to perform his or her lawful duties pursuant to this chapter or any person who conceals or secretes any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor. Section Three. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unenforceable, such decision shall not affect the validity of the remaining portions of this ordinance. The board of supervisors hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unenforceable.