Title 6

6.04.010 Definitions.

The words and phrases used in this title have the following meanings:

A. Animal control officer means an employee of Douglas County whose primary duty is the enforcement of the provisions of this title.

B. County officer means sheriff or deputy sheriff or animal control officer.

C. Dog" means any domesticated animal of the canine family, of either sex, over the age of four months, including domesticated coyotes, wolves or other wild species of the same genus.

D. Dog license means the license required to be issued for each dog pursuant to the terms of this title.

E. "Dog kennel means any place of business where dogs are kept for boarding, breeding, training, grooming, treating, sale or other commercial purpose. A veterinary clinic or hospital is excluded from this provision.

F. Guide dog means a dog which has been or is being specially trained by or in conjunction with a school for guide dogs to lead in harness and serve as an aid to the mobility of a particular blind person.

G. Hearing dog means a dog which has been or is being specially trained by or in conjunction with a school for hearing dogs to alert a particular deaf person to certain sounds.

H. Helping dog means a dog which has been or is being specially trained by or in conjunction with a school for helping dogs to the individual requirements of a physically handicapped person to:

1. Provide a minimum of protection;

2. Rescues the person in certain situations;

3. Pull a wheelchair;

4. Fetch dropped items; or

5. Provide other services to the person.

I. Immediate direction and control means power to immediately restrict the actions and movement of a dog by the person responsible for the dog.

J. Livestock means cattle, sheep, swine, goats, poultry or domesticated fowl or birds, or horses or other equines with or without rider.

K. Person responsible means the owner or person who harbors, controls, has custody or possession of any dog or other animal.

L. Pet means an animal that is kept by a person primarily for companionship or personal enjoyment, but does not include animals kept for hunting, in connection with farming or agriculture, breeding, drawing heavy loads or use for guide dogs, hearing dogs, helping dog or other service animal.

M. Pet shop means any place of business where dogs and any other animals are kept for boarding, breeding, training, grooming, treating, sale or other commercial purpose. A veterinary clinic or hospital is excluded from this provision.

N. Rabies control authority means the person designated by the legislative body of a town, city or county to administer the rabies control program or the animal control officer.

O. Secure pen means a pen with at least ten-foot-high walls or one covered at the top and on all sides with the base secured to the ground in a way that the dog confined cannot exit by digging underneath the side walls. The pen must be made of sufficiently strong materials and constructed so that the confined animal cannot exit.

P. Seeing eye dog means either:

1. A dog actually providing seeing eye services for a blind person and actually owned or possessed by a blind person; or

2. A dog or pup placed in a home in the county to be reared for return to a recognized guide dog training facility, which meets the breed and kennel registration requirements of that facility, which has been properly marked for identification with ear tattoos and embossed collar identification plates and for which the owners carry individual cards issued by a recognized guide dog facility.

Q. Vicious dog means a dog which has bitten human beings or attacked another animal or has killed under circumstances that make it vicious under section 6.16.050.

N. Working ranch dog means a dog regularly actively engaged in herding cattle or sheep, or both and is never housed, kept, or left in a residential area other than in a veterinary clinic, veterinary hospital or licensed kennel. (Ord. 815, 1998; Ord. 687 §1, 1995; Ord. 584, 1993; Ord. 434 (part), 1985)

Chapter 6.08

LICENSING FOR DOGS, KENNELS

AND PET SHOPS;

CAT AND FERRET REGISTRATION

B. An unexpired license may be renewed by submitting an application and fee 30 days before the date of expiration. After approval by animal control the date of issuance of the license which is renewed, is the date the license would have expired.

C. A kennel or pet shop license is not transferable to a new owner.

D. A kennel or pet shop which contains more dogs than it was licensed for is an unlicensed kennel and this constitutes grounds for revoking the license to operate the kennel.

E. A kennel must meet the following requirements to be licensed:

1. Indoor or outdoor enclosures (cages, kennels, or runs) must be provided for each animal housed. These enclosures must be constructed of an impervious material. Floors must be made of metal, fiberglass, concrete, or completely covered with a non-permeable surface and must be designed for rapid drainage of surface water. All enclosures must be kept clean and dry and outdoor kennels must provide animals protection from the rain, snow, wind, and sun. Enclosures housing animals must be cleaned daily with a disinfectant, cleanser, or chlorine bleach.

2. Cleaning materials sufficient to clean the entire facility must be present at time of inspection. Cleaning supplies must be stored separately from food supplies.

3. Building temperatures must be maintained at a comfortable level with adequate ventilation by windows, doors, vents, or fans. Outdoor kennels must be have shade and a place to stay warm when temperatures are below 50 degrees.

4. Each animal must have sufficient space to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure.

5. All animals must be fed palatable food, free from contamination, in an amount and with a nutritional value to meet the normal daily requirements for the condition and size of the animal.

6. All animals must have fresh water available at all times.

7. Any animal over the age of four months must have proof of a current rabies vaccination.

8. Veterinary care must be provided, if needed, to maintain good health and general welfare and to prevent suffering by animals. All costs for veterinary care must be paid for by the kennel operator to be reimbursed by the animal owner unless the care is necessary because of the action or inaction of the kennel operator.

F. The animal control officer must review the application for a kennel license or its renewal, inspect the kennel and then either grant or deny the license. If the decision is for denial, the reasons for the denial must be stated. Issuance or denial of a license or its renewal is subject to appeal to the board of commissioners. (Ord. 815, 1998; Ord. 687, 1995)

B. On receipt of a completed application for a dog license, with the fee and a certificate signed by a licensed veterinarian stating that the dog is currently vaccinated against rabies for the period of the license, the animal control officer or the county clerk must issue the applicant a dog license and a metal tag.

C. On receipt of a completed application for a kennel or pet shop license with the fee and a written promise to maintain proof of a current rabies vaccination for all kennel or pet shop dogs over four months of age, and an inspection approving a kennel by animal control the animal control officer may issue a kennel or pet shop license.

D. The animal control officer or the county clerk shall retain a copy of the application and the license in his files. The dog license tags shall be metallic and be stamped with "Douglas County" and the number of the tag. The animal control officer is authorized and directed to obtain a sufficient number of serially numbered license tags, blank applications and license forms to carry out the provisions of this chapter. (Ord. 815, 1998; Ord. 434, 1995)

1. Fraudulent practices or misrepresentation in the operation of any previous kennel or pet shop in the county or elsewhere;

2. Concealment or misrepresentation in the application for a kennel or pet shop license or its renewal;

3. Suspension or revocation of a kennel or pet shop license in the county or elsewhere;

4. One or more previous violations of any regulation designed to protect the public health, safety and welfare in any jurisdiction, including but not limited to, health and sanitation regulations and building and fire codes;

5. Conviction of any criminal offense involving cruelty to animals, within the past five years.

6. Failure to meet requirements for kennels.

B. Grounds for revocation of a kennel or pet shop license:

1. Fraudulent practices or misrepresentation in the application for a kennel or pet shop license or its renewal;

2. Concealment or misrepresentation in the application for a new or renewed kennel or pet shop license;

3. One or more violations of any county, state or federal regulation designed to protect the public health, safety and welfare, including but not limited to health and sanitation regulations and building and fire codes;

4. Any violation by the licensee, his agents or employees of this title;

5. One or more incidents of cruelty to animals committed by the licensee or his agents or employees.

C. Procedure for denial.

1. A decision by animal control after a public hearing to deny a kennel or pet shop license application upon any of the above grounds is final. An applicant aggrieved by the decision may file a written appeal within 10 days of the decision for an appeal to the board of county commissioners.

2. An applicant whose application for a new or renewed kennel or pet shop license has been denied may reapply for a license after a year has elapsed from the date of denial. An earlier reapplication may be made if accompanied by satisfactory evidence that the grounds or ground for the denial of the application no longer exists.

D. Procedure for revocation.

1. Animal control on its own motion, or upon complaint of any person, may institute proceedings to revoke a kennel or pet shop license by serving written notice on the licensee with the time, date, place, and reason for the hearing.

2. The licensee will be given an opportunity to be heard and present evidence, by witnesses or otherwise.

3. If the licensee fails to appear at the place and time designated for the hearing, animal control may order the license revoked.

4. On revocation of license, kennel must shut within 5 days. Animal control may impound or relocate the dogs if necessary.

5. The decision to revoke a kennel or pet shop license may be appealed to the board by the licensee if a written appeal is filed with the clerk within 10 days of the decision. (Ord. 815, 1998; Ord. 687, §2, 1995.)

Chapter 6.12

RABIES CONTROL

The animal control officer may, at the owner's request, permit quarantine in a veterinary clinic. The owner will be liable for the expenses of quarantine and veterinarian examination costs and fees at the animal control center or at a veterinary clinic.

B. Whenever the animal control officer or the sheriff's department is informed that a dog, cat, or ferret has bitten a human being, and the person responsible for the animal cannot be identified or has failed to make the required notifications and to quarantine the animal, animal control must impound the animal for quarantine and if reasonably possible, to make the required notifications.

C. If it is determined by a veterinarian that the dog, cat, or ferret has rabies, the animal control officer must destroy the animal. If at the end of quarantine, it appears that the dog, cat, or ferret does not have rabies, the animal may be released to the person responsible or be considered abandoned. The animal control officer may extend the quarantine upon the recommendation of the veterinarian. The animal control officer may keep the dog, cat, or ferret until all costs and fees are paid. (Ord. 815, 1998; Ord. 687, § 3 (part), 1995; Ord. 434 (part), 1985)

1. Whether the bite resulted from teasing or mistreatment of the dog;

2. Whether any teasing or mistreatment was by the victim;

3. Whether the victim was warned to stay away from the dog;

4. The viciousness of the attack; and

5. Any other circumstances that would be considered by a reasonable person. A dog must not be considered vicious when it is:

6. Acting to defend an attack upon a human being by a person or other animal.

7. Owned by the sheriff's department or other law enforcement agency when it is used in the performance of law enforcement work.

8. Acting against a trespasser who has illegally entered the residence of the person responsible; or

9. Acting against a trespasser who illegally entered on or into a fenced or enclosed business premises, when those premises have signs posted in a conspicuous way to the public warning of a potentially dangerous animal on the premises.

B. If a dog bites a person, the person responsible for the dog may acknowledge without a statement by the victim that a dog bite should be considered vicious by animal control. The acknowledgment must be in writing and must be delivered to the animal control officer.

C. If a dog enters on the property of another and attacks an animal it may be considered vicious. If a dog enters the property of another and kills an animal or has on a second occasion entered on the property of another and attacked an animal, the dog must be considered a vicious animal.

D. A vicious dog may be impounded by animal control until a secure pen is provided.

E. A vicious dog must be confined in a secure pen. A county officer may impound any vicious dog that is not securely confined. The county officer may tranquilize or use any other reasonable means necessary to impound the dog. If the county officer determines that the dog cannot be safely impounded, the dog may be destroyed.

F. The provisions of section 6.20.010 apply to the impoundment of a vicious dog or dog in heat except that an impounded dog may not be reclaimed unless a secure pen is provided. If the person responsible for the dog fails to provide such pen within five days after written notice, the dog may be destroyed pursuant to subsection 6.20.010(B). (Ord. 815, 1998; Ord. 434 (part), 1985)

Chapter 6.20

IMPOUNDMENT

1. Name, address and phone number of person responsible for the animal;

2. Current location of the person responsible;

3. Name, address and phone number of owner if other than the person responsible;

4. Arrangements that have been made for reclaiming the animal; and

5. Circumstances that created the necessity of impoundment.

B. The officer impounding the animal must notify the person responsible for the animal of the following rules which will apply when an animal is impounded under emergency circumstances:

1. That a boarding fee and all other applicable fees will be charged for all animals not reclaimed on the first business day after impoundment;

2. That the person responsible for the animal will be responsible for veterinary fees for treatment of the animal;

3. That the animal may be considered abandoned pursuant to section 6.20.010(B) if not reclaimed from animal control within five days after it is impounded.

4. That an abandoned animal may be destroyed or put up for adoption;

5. That the person responsible may designate an agent to reclaim the animal; and

6. That the animal may be relinquished to animal control pursuant to section 6.24.030. (Ord. 815, 1998; Ord. 434 (part), 1985)

Chapter 6.24

ABANDONMENT OF ANIMALS

A. Leave the animal without food for a period of more than 24 hours;

B. Move a residence or business without providing for the transportation of the dog or other animal;

C. Leave the animal in a public street, road, alley or other public place, or upon the private property of another, for more than one hour after receiving notice of or obtaining knowledge that the animal is disabled or sick.

D. Leave the animal in a public street, road, alley or other public place, or upon the private property of another for more than three hours after obtaining knowledge or receiving notice of the death of the animal.

E. Leave the animal in a motor vehicle where it may suffer from exposure to the heat. Animal control may remove an animal from a motor vehicle or suffering or distressed from exposure or from heat. The sheriff or his deputy may impound a vehicle in which an animal is enclosed. The animal control officer may impound the enclosed animal. The vehicle and animal may be released upon payment of the costs of impoundment and, in the discretion of the county officer, the issuance of a citation. The cost of impoundment of the vehicle and animal must be paid by the person responsible for the animal. (Ord. 815, 1998; Ord. 434 (part), 1985)

B. Infraction. Any person convicted of violating section 6.08.020 shall be punished for an infraction.

C. Under subsection A and B of this section, the fine for the conviction of any offense under this title shall be not less than 20 dollars. (Ord. 645, 1994; Ord. 434 (part), 1985)

Chapter 6.32

BEAR PROOF COLLECTION BINS, CONTAINERS AND STRUCTURES

Sections:

6.32.010 Definitions
6.32.020 Applicability
6.32.030 Collection bin, container and structure maintenance
6.32.040 Penalty

6.32.010 Definitions.

A. Bear-proof collection bin means a secured container, made of metal or its equivalent, with a locked lid or swinging door on top of the bin or its equivalent, that makes the contents of the bin inaccessible to bears.

B. Bear-proof container or structure means any container or structure that as a result of its construction makes the contents of the container or structure inaccessible to bears.

C. Garbage means kitchen and table refuse, offal, swill, and other consumption, decay, or dealing in, or storage of meats, fish fowl, birds, fruits and vegetables.

D. Responsible party means a natural person, a lessee or lessor, any form of business or social organization, including, but not limited to, a corporation, partnership, association, trust or unincorporated organization exercising physical control of any private property. (Ord. 963, 2001)

6.32.020 Applicability.

Within the boundaries of Tahoe Township, all responsible parties with violations as defined in section 6.32.040(A) and (B), must, at all times, place garbage in a bear-proof collection bin, container or structure.(Ord. 963, 2001)

6.32.030 Collection bin, container and structure maintenance.

Each bear-proof collection bin, container or structure shall be kept clean inside and out, so that no odor or nuisance is allowed to exist. A cover must not be removed except when necessary to place garbage inside the bear-proof collection bin, container or structure to remove garbage from the bear-proof collection bin, container or structure. The bear-proof collection bin, container or structure shall not be overloaded to the extent a cover cannot be securely replaced or the container or structure securely enclosed. (Ord. 963, 2001)

6.32.040 Penalty.

Violations of this chapter shall be punished by the following progression of sanctions:

A. For the first incident, a verbal or written warning will be issued to the responsible party.

B. For a second incident within two years from receiving a verbal or written warning for a first incident, the responsible party will be required to purchase or construct a bear-proof collection bin, container or structure and install within thirty days of the incident.

C. For a successive incident within two years of a second incident, the responsible party shall be punished for an infraction with a fine of not less than $100. (Ord. 963, 2001)