CHAPTER 90: ANIMAL CONTROL

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Section

90.001

90.002

90.015

90.016

90.017

90.018

90.019

CHAPTER 90: ANIMAL CONTROL

Words and Phrases Defined

Short title and legislative intent

Definitions

Administration of Chapter

Animal-Control Officer

Enforcement of chapter

Authority of Animal Control Officers

Filing of complaints

Filing complaints against an Animal

Control Officer

Animal Control and Impounding Procedures

90.030

90.031

90.032

90.033

90.034

90.035

90.036

90.050

90.051

90.065

90.066

90.067

90.068

90.069

Impounding animals

Record keeping

Disposition of animals impounded

Fees

Animals as personal property

Restraint of animals

Licensing

Rabies Control

Rabies vaccinations

Animal bites

Prohibitive Activities

Running at large

Nuisance

Cruelty to animals and abandonment

Dog killing or injuring livestock

and/or poultry

Dangerous and vicious animals

90.080

90.081

90.082

90.083

90.084

90.085

90.086

90.087

90.100

90.101

90.999

Permitted Premises

Permit required

Permit applications

Permit requirements; expiration;

renewal

Facilities and care applicable to

kennel/cattery permit

Access to permitted premises

Suspensions, revocation of permits

Guard dog site

Exceptions to permitted premises

Clauses

Annual fee adjustment

Perjury clause

Penalty

WORDS AND PHRASES DEFINED

§ 90.001 SHORT TITLE AND LEGISLATIVE

INTENT.

(A) This chapter shall be known and cited as the

Valencia County Animal Control Chapter.

(B) It is the intent of the County Commission

that enactment of this chapter will establish procedures

that will:

(1) Assist in providing control of animals

not under the jurisdiction of the State Brand Inspector

or of the New Mexico Department of Game and Fish;

§ 90.001

(2) Provide rabies control;

(3) Provide for reporting of animals bites;

(4) Protect animals from neglect and abuse;

(5) Protect residents from annoyance and

injury by animals;

(6) Establish certain fees related to the

chapter; and

(7) Prescribe penalties for violations of the

chapter.

(Ord. passed 6-23-1997)

§ 90.002 DEFINITIONS.

For the purpose of this chapter, the following

definitions shall apply unless the context clearly

indicates or requires a different meaning. Shall is

always mandatory and not merely a directory; the

masculine includes the feminine.

ABANDON. To withdraw protection, support or

help with the intent of never again claiming right or

interest in.

ADOPTION. To take by choice and assume

responsibility for proper care in accordance with this

chapter.

ANIMAL. Dog, cat, or any other mammal,

excluding man and those controlled by the New

Mexico Department of Game and Fish, and the New

Mexico Livestock Board, and poultry.

ANIMAL CONTROL CENTER or SHELTER.

Any establishment authorized by the County of

Valencia for the care and custody of impounded

animals.

ANIMAL CONTROL OFFICER. The person

who is responsible for the enforcement of this chapter

and the regulations promulgated thereunder and under

the supervision of Anima] Control Director.

Valencia County - General Regulations 4

ANIMAL NUISANCES. Any dogs and/or cats

habitually or continuously barking, howling, or

otherwise disturbing the inhabitants of the county, or

are kept and/or maintained in a manner as to disturb

by noxious or offensive odors, or otherwise endanger

the health and welfare of the inhabitants of the county.

BITE. The puncture or tear of the skin inflicted

by the teeth of an animal.

COMMISSION. The elected governing body of

the County of Valencia.

COMPETENT PERSON. A person having

knowledgeable background to function in an

appropriate and humane manner regarding the welfare

of all animals.

CONFINED. Restrictions of an animal at all

times by an owner or keeper to an escape-proof

building or other enclosure away from other animals

and the public.

COUNTY OF VALENCIA or COUNTY.

Includes the land area within the boundaries of the

County of Valencia, including privately owned land

and state owned or federal land, except the area within

the limits of any incorporated municipality which

enters into the joint powers agreement with the county

for animal control.

DANGEROUS ANIMAL.

(1) An animal which, when unprovoked,

engages in behavior that requires a defensive action by

a person to prevent bodily injury to a person or animal

when the person and the animal are off the property of

the owner of the animal;

(2) An animal which, when unprovoked,

injures a person, but the injury does not result in

muscle tears or disfiguring lacerations, or require

multiple sutures, or require corrective or cosmetic

surgery; or

(3) Ananimal that, because of its poisonous

bite or sting, would constitute a significant hazard to

the public.

5 Animal Control

GUARD DOG. A dog that is used to protect

commercial property.

GUARD DOG SITE. Premises utilizing a guard

dog, and which has a current guard dog permit.

HOBBY KENNEL/CATTERY. A person

involved in animal activities such as, but not limited

to, showing or controlled breeding of registered

purebred dogs and/or cats.

HUMANE SOCIETY. Any establishment owned

or operated by an organization recognized by the State

Corporation Commission to be non-profit, whose sole

function is to bring aid and comfort to dogs and/or

cats.

INTACT ANIMAL. An animal that has not been

surgically sterilized.

INTACT ANIMAL PERMIT. A permit issued to

those persons who wish to maintain an intact dog or

cat for some purpose other than breeding who do not

wish to pay a sterilization deposit.

KENNEL, COMMERCIAL. Any establishment

where dogs and/or cats are boarded or maintained

under controlled conditions and is operated as a

business.

LIVESTOCK. All domestic animals of the

following genera: equine, bovine, ovine, caprine, and

porcine.

OWNER. A person, who owns, has, keeps,

harbors, or permits animal(s) to remain in, on, or

about his or her premises and is responsible for the

welfare and maintenance of the animal(s).

PERMITTED PREMISES. The establishment,

property or site for which a valid permit has been

issued by the Animal Control Director for use as a

commercial kennel, humane society, pet shop, guard

dog site, hobby kennel site.

PET SHOP. Any establishment owned or

premises maintained for the purchase, sale, exchange

or hire of animals except livestock.

§ 90.001

QUARANTINE. The detaining and isolation of

an animal suspected of contagion, for the purpose of

observation.

RUNNING AT LARGE. Being neither confined

by an enclosure, physically restrained by a leash, nor

under voice or sound control of a competent person

when off the premises occupied by the owner.

SERVICE ANIMAL. Animal trained to assist

impaired person(s) and having identification from a

training center, certifying or authorizing agency.

STERILIZE. Surgically rendering an animal

unable to reproduce.

STRAY. Any dog or cat which shall be off and

away from its home unattended without tags or other

indications of ownership.

VACCINATION. Protection provided against

rabies by inoculation with a recognized vaccine

approved by the director of the Health Services

Division of the Health and Environment Department

of the State of New Mexico, and administered by or

under the supervision of a licensed veterinarian.

VETERINARIAN. A person with a Doctor of

Veterinary Medicine degree licensed to practice

veterinary medicine in the State of New Mexico.

VICIOUS ANIMAL. Any animal that kills or

severely injures (so as to result in muscle tears or

disfiguring lacerations, requiring multiple sutures, or

require corrective or cosmetic surgery) a person or

domesticated animal, but it does not include an animal

that bites, attacks or injures a person or animal that is

unlawfully upon its owner's premise, or that is

provoked.

WORKING DAY. For the purpose of this

chapter, Tuesday through Saturday, except when these

days are observed as holidays.

(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed

12-15-2004)

§ 90.015

ADMINISTRATION OF CHAPTER

§ 90.015 ANIMAL CONTROL OFFICER.

(A) The County Commission shall appoint a

competent and humane person to the position of

Animal Control Director. The Animal Control

Director shall be responsible for the training and

certification of all employees. Only full-time

employees shall be deputized.

(B) All animal control officers shall be deputized

full-time employees. Animal control officers shall aid

in the prevention and control of the spread of rabies

within the county, including but not limited to the

lawful capture and confinement of rabies suspect

animals, the enforcement of quarantine orders, and the

lawful destruction or confinement of animals exposed

to rabies.

humane training to apprehend, handle, care for

animals, and instruction in the ordinances and laws

pertaining to animal control. Animal control officers

shall also be instructed in the determination of breed

of dogs and/or cats, and in the determination of the

predominant breed of mixed breeds. The training

must be certified before employees are deputized.

(Ord. passed 6-23-1997)

§ 90.016 ENFORCEMENT OF CHAPTER.

(A) The Animal Control Director and his or her

officers, with assistance from the Sheriff's

Department, are responsible for the enforcement of

this chapter.

(B) There shall be no liability on the part of the

Animal Control Director and his or her officers in the

lawful execution of their assigned duties.

(Ord. passed 6-23-1997)

Valencia County - General Regulations 6

§ 90.017 AUTHORITY OF ANIMAL CONTROL

OFFICERS.

(A) Duties. The Animal Control Director and

his or her deputized officers shall have the authority

to issue citations for violations of this chapter and to

perform other duties as are prescribed herein. For the

purpose of discharging the duties imposed by this

chapter, the Animal Control Director and his or her

duly appointed and deputized officers are hereby

authorized and permitted to enter upon any premises,

after receiving a signed and lawful complaint, and

having notified residents of intent of investigation and

gained their permission for the investigation, to

ascertain if any provision of this chapter or any laws

of the State of New Mexico relating to the care,

treatment, control and prevention of cruelty to animals

are being violated. All citations must be honored in a

court of law subject to penalties as stated herein. ‘If,

however, the owner or occupant of any dwelling

objects to investigation, as above stated, a warrant for

the investigation of the dwelling and premises, issued

by a court of competent jurisdiction shall be in the

possession of the officer(s) or deputy prior to

inspection.

(B) Impoundment. The Animal Control Director

and his or her officers or any Sheriff’s deputy may

impound any animal found running at large

unaccompanied by and not under the control of, the

owner, or of a competent person. The above named

officers may impound an animal in the act of

pursuing, wounding or killing livestock, poultry, or

attacking a human. Seventy-two hours after

attempting to notify tag owner the animal may be

destroyed whether or not it wears a tag required by

the State of New Mexico. There shall be no liability

on the part of the animal control officers or the

Sheriff’s deputies in damages for the killing.

any person to hinder, resist, or oppose the Animal

Control Director or his or her duly deputized and

appointed officers and/or Sheriff’s deputies in the

lawful performance of their duties.

(Ord. passed 6-23-1997) Penalty, see § 90.999

7 Animal Control

§ 90.018 FILING OF COMPLAINTS.

A signed complaint alleging any violation of this

chapter must be filed with the shelter by a person who

has knowledge of the violation and who can identify

the owner of the animal involved or the premises

where the animal is located.

(Ord. passed 6-23-1997)

§ 90.019 FILING COMPLAINTS AGAINST AN

ANIMAL CONTROL OFFICER.

A signed complaint must be filed with the County

Manager by a person who has knowledge of an

incident of cruelty to an animal or conduct

unbecoming an employee of Valencia County as stated

in the county's personnel chapter.

(Ord. passed 6-23-1997)

ANIMAL CONTROL AND IMPOUNDING

PROCEDURES

§ 90.030 IMPOUNDING ANIMALS.

An animal shelter shall be provided for the

purpose of boarding and caring for animals

impounded under the provision of this chapter. It

shall be the duty of the Animal Control Director and

his or her deputized officers to take up and impound

or cause to be impounded, any stray animals and/or

any animals kept in violation of this chapter within the

area defined as the County of Valencia. It is unlawful

for any person, without the knowledge or consent of

the owner, to hold or retain possession of any animal

of which he or she is not the owner for more than 24

hours without reporting the possession of the animal

to an animal control officer, giving his or her name,

address, a true and complete statement of the

circumstances under which he or she took up the

animal and the precise location where the animal is

confined.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.032

§ 90.031 RECORD KEEPING.

(A) The animal control officer, upon impounding

or receiving any animal shall register the animal by

entering the species, breed, color, and sex of the

animal and the time and place the animal was

apprehended, into the registry kept for this purpose.

The owner shall have the right to redeem the animal

within 72 hours or 3 working days upon payment of

the impounding fees, care and feeding charges,

veterinary charges, and any due penalties and fines.

Notice of the impoundment shall be posted in a

conspicuous place at the animal shelter for a period of

3 working days.

(B) The animal control facility shall maintain a

record of all animals which have been impounded in

the county shelter and shall maintain these records for

not less than 2 years. The records shall contain at

least the following information:

(1) The manner and date of its acquisition

by the animal control officer;

(2) The date and manner of its disposal;

(3) The name, address, and phone number

of the person redeeming the animal; and

(4) All fees received.

(Ord. passed 6-23-1997)

§ 90.032 DISPOSITION OF ANIMALS

IMPOUNDED.

(A) All impounded animals shall be redeemed

within 3 working days after impoundment. Any

animal not redeemed within the required period shall

become the property of Valencia County and may be

placed for adoption or the animal will be humanely

destroyed. Any dog or cat to be placed for adoption

that is under 6 months of age shall be released only

upon payment of the adoption fee, the sterilization

deposit, and after adopting person has signed an

agreement stating that the adopted animal will be

sterilized when no more than 6 months of age.

§ 90.032

(B) Any dog or cat to be placed for adoption that

is over 6 months of age shall be released only upon

payment of the adoption fee, the sterilization deposit,

and after the adopting person has signed an agreement

stating that the adopted animal will be sterilized within

30 days of the date of adoption.

only upon presentation of a receipt from a veterinarian

stating that the adopted animal has been sterilized.

(D) All reasonable effort must be made to place

adoptable animals. This shall include, but is not

limited to, public advertisement.

(E) An intact animal reclaimed by its owner shall

be released without sterilization upon payment of all

impoundment fees, the sterilization deposit and the

owner shall sign an agreement to have the dog or cat

sterilized within 30 days of release or to obtain an

intact animal permit.

(F) All animals shall be humanely euthanized by

a licensed veterinarian, veterinary technician, or

certified animal control officer as described by the

New Mexico Pharmacy Board and the New Mexico

Board of Veterinary Medicine.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.033 FEES.

(A) Generally. All fees collected through the

administration of this chapter shall be deposited with

the Treasurer's Office of Valencia County. Fees shall

be in accordance with an approved resolution which

can be amended from time to time as the Board of

County Commissioners deems necessary.

(B) Boarding fee. A boarding fee shall be paid

by the person redeeming an impounded animal. This

shall be in addition to any fines or citations.

charged to the owner of an impounded animal upon

the first offense. A higher fee shall be charged for

each offense thereafter that occurs within 1 year of a

previous offense.

2007 S-1

Valencia County - General Regulations 8

(D) Quarantine fee. A fee for quarantine or

confinement of an animal shall be charged per day.

Refusal to pay any of the above stated fees shall result

in the dog or cat becoming the property of Valencia

County. These animals shall then be treated as

impounded animals.

(E) Adoption fee. The fee to adopt a dog or cat

along with an adoption procedure shall be set forth by

resolution and described in an office procedure

manual.

(F) Sterilization fee or deposit. If not available,

the state regulation for a minimum deposit shall apply.

(G) Licensing fee.

(1) There shall be an annual fee established

for each sterilized dog or cat.

(2) There shall be an annual fee established

for each intact dog or cat.

(3) There shall be an annual fee to register

a dangerous or potentially dangerous dog.

(4) All licenses shall be issued only upon

proof of current rabies vaccination and proof if the

animal has been sterilized. Senior citizens may

annually register their sterilized and microchipped

dogs or cats, with a current rabies vaccination, for

free. In the event the license tag has been lost, a

replacement tag shall be obtained.

(H) Traps. There shall be a deposit for all traps,

refundable upon return of the trap in good condition to

the Animal Control Shelter.

(I) Permitted premises permit. Permitted

premises permits shall be issued to owner(s) as

defined in § 90.080 upon receipt of a current

inspection certificate from the Animal Control

Director. Any person failing to comply with this

section shall pay a fine in addition to the annual fee.

Possession of a permit precludes purchase of

individual animal licenses for those dogs and/or cats

owned by the permit holder. ,

9 Animal Control

(J) Intact animal permits. Intact animal permits

shall be issued to persons wishing to maintain an

unsterilized animal reclaimed by its owner from the

animal control shelter. Permit shall be revoked if

animal is picked up a second time within the year.

(K) Litter fee.

(1) Any person who breeds, or allows dogs

and/or cats to breed, who does not have a current

permitted premises permit shall pay a litter fee for

each litter of dogs and for each litter of cats.

(2) Fee shall be refunded if owner provides

to animal control proof of sterilization of mother

within 3 months of litter birth.

(Ord. passed 6-23-1997; Am. Ord. 2007-01, passed

2-21-2007) Penalty, see § 90.999

§ 90.034 ANIMALS AS PERSONAL

PROPERTY.

That dogs, cats and other animals shall be

deemed and considered as personal property, and all

remedies given for the recovery of personal property

and of damages for injuries thereto are hereby

extended to them.

(Ord. passed 6-23-1997)

§ 90.035 RESTRAINT OF ANIMALS.

Dogs and/or cats are permitted on the roadways

and public areas in the county only if on a secure

leash not exceeding 8 feet in length, and in the

immediate physical control of the person having

custody thereof. This provision does not apply when

an animal is in a bona fide animal show, nor does it

apply to dogs trained for the purpose of hunting and

under the voice control of their owners.

(Ord. passed 6-23-1997) Penaity, see § 90.999

§ 90.036 LICENSING.

(A) Any person harboring or maintaining any

dog or cat over the age of 3 months within the county

2007 S-1

§ 90.051

shall obtain a license or permit from animal control on

an annual basis. The animal control shelter shall keep

a record of all licenses issued. A current rabies

vaccination certificate shall be presented at the time of

the application for the license. Licenses shall be

issued at the animal control shelter. A current license

tag shall be affixed to the licensed dog or cat at all

times. There will be a fee of for each dog or cat

without the tag refundable upon proof of license being

provided to an animal control officer.

(B) No license fee shall be required for service

animals owned, harbored or kept for the purpose of

assisting impaired persons.

(Ord. passed 6-23-1997; Am. Ord. 2007-01, passed

2-21-2007) Penalty, see § 90.999

RABIES CONTROL

§ 90.050 RABIES VACCINATIONS.

It is the duty of every person keeping a dog or cat

over the age of 3 months to have the animals

vaccinated against rabies. All dogs and cats must be

vaccinated annually. Every person who keeps a

vaccinated dog or cat must exhibit his or her copy of

the certificate of vaccination upon the request of any

person lawfully charged with enforcement of this

chapter. Any unvaccinated dog or cat brought into

Valencia County shall be securely confined by the

owner or keeper until vaccinated against rabies. This

vaccination shall be administered within 1 week of

entry into the county. Any rabies vaccination

performed by a veterinarian in another county, state or

country must conform to the requirements of the State

of New Mexico to be valid in Valencia County.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.051 ANIMAL BITES.

(A) When an individual is bitten by a dog or cat

for which the owner does not have proof of rabies

vaccination, it is the duty of the bite-victim or the

guardian of the victim to notify the district health

§ 90.051

officer and an animal control officer within 24 hours of

the bite. The owner or keeper of the animal shall

immediately surrender the animal to animal control

officers or Sheriff's deputies at his or her own

expense. The animal control officer shall quarantine

the animal securely for 10 days under the observation

of the Animal Control Director or a licensed

veterinarian. Absolutely no animal that has bitten any

person may be rabies vaccinated within 10 days of the

bite occurrence.

(B) Unvaccinated dogs or cats bitten by a known

rabid animal should be destroyed immediately. If the

owner is unwilling to have this done, the unvaccinated

animal shall be quarantined immediately in strict

confinement and isolation at the owners expense in a

manner directed by the Animal Control Director and

approved by the district health officer for a 6 month

period. It shall be vaccinated with an approved rabies

vaccine 10 days after release if no signs of rabies

exist. Should the dog or cat show signs of rabies at

any time prior to vaccination, it must be immediately

destroyed.

vaccination is bitten by a known rabid animal, it shall

be re-vaccinated immediately and confined and

isolated at the owners expense for at least 10 days in

a manner directed by the Animal Control Director and

approved by the District Health Officer.

(Ord. passed 6-23-1997) Penalty, see § 90.999

PROHIBITIVE ACTIVITIES

§ 90.065 RUNNING AT LARGE.

Any dog or cat found running at large as defined

in this chapter is declared to be an animal nuisance, a

menace to public health and safety, and if observed by

an animal control officer or a Sheriff's Deputy shall

be taken into custody and impounded.

(Ord. passed 6-23-1997) Penalty, see § 90.999

2007 S-1

Valencia County - General Regulations 10

§ 90.066 NUISANCE.

(A) All complaints regarding a dog or cat

nuisance as defined in this chapter shall be filed in

writing with an animal control officer, and shall

include the name of the complainant and the name (if

known) and address of the person(s) permitting the

nuisance to occur and continue.

(B) Anowner shall not advertize for sale, barter,

exchange, or give away any dog or cat within the

county unless the litter fee or permitted premises

permit number is displayed legibly in the ad, and the

owner shall furnish the litter or permitted premises

number to any prospective recipient requesting the

number.

give away any dog or cat before the age of 6 weeks.

Any person who does so shall be fined $25 per

animal. The only exception to this is in the case of

hand-fed orphans.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.067 CRUELTY TO ANIMALS AND

ABANDONMENT.

(A) It shall be unlawful for any person to neglect

to provide any animal in his or her charge or custody

with proper food, drink, necessary shade or shelter,

or to carry any animal in or upon any vehicle or

trailer in a cruel or inhumane manner, or to keep any

animal under unsanitary or unhealthy conditions; an

animal carried in the bed of a truck must be crated or

restrained so it cannot fall or jump from the truck or

be strangled.

(B) Penalty of $200 to $500 shall be imposed

upon the owner or keeper for abandonment and/or

abuse, and the animal(s) shall be impounded.

willfully or maliciously kill or maim any animal

except that reasonable force may be employed to drive

off vicious or trespassing animals.

10A Animal Control

(D) It is unlawful to poison a domestic animal or

to distribute poison or toxicants in any manner with

the intent of poisoning a domestic animal.

Prosecutions of this section shall carry a fine of $300

to $1,000 for each offense and each animal.

2007 S-1

§ 94.067

Valencia County - General Regulations 10B

11 Animal Control

(E) No person shall promote, stage, hold,

manage, conduct, carry on, train for or attend a game,

exhibition, contest or fight in which 1 or more animals

are injuring, killing, maiming or destroying

themselves or other animals. Any incident will incur

a $500 to $1,000 fine.

(F) No person shall provoke, entice, or

intentionally release an animal from the property of its

owner for the purpose of engaging the animal in a

fight or to attack a person or another animal. Any

incident will incur a fine of $500 to $1,000, plus any

applicable medical fees.

(G) It shall be unlawful for any person owning

or maintaining any place for public accommodation,

public entertainment or amusement, a restaurant, or

who operates a public transportation facility to exclude

therefrom any dog which has been trained to assist the

physically impaired, provided that the dog be in the

company of the physically impaired person whom it

was trained to assist.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.068 DOG KILLING OR INJURING

LIVESTOCK AND/OR POULTRY.

(A) If any dog shail kill or injure any livestock

or poultry, the owner or keeper of that dog shall be

liable for all damages that may be sustained thereby,

to be recovered by the party so injured before any

court having competent jurisdiction, and it shall be

unlawful to keep the dog after it is known that the dog

is liable to kill livestock or poultry and it shall be the

duty of the owner to kill, or have killed, the dog upon

order of the court after a finding that the dog has

killed or injured livestock or poultry, and provided

further, that it shall be the right of the owner of

livestock or poultry so killed or injured by the actions

of any dog to kill the dog while it is upon property

controlled by the owner of the livestock or poultry.

(B) Any peace officer may impound any dog

found running at large unaccompanied by and not

under the control of the owner or handler, and

further, the peace officer shall destroy the dog if it is

in the act of pursuing or wounding livestock or

§ 90.069

wounding and killing poultry or attacking humans.

Any peace officer may kill any dog in the act of

pursuing or wounding any livestock or wounding or

killing poultry or attacking humans whether or not the

dog wears a rabies tag required by NMSA § 77-1-3.

There shall be no liability of the peace officer in

damages or otherwise for the killing.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.069 DANGEROUS AND VICIOUS

ANIMALS.

(A) Dangerous animals. For purposes of this

chapter a secure enclosure shall mean a fenced area or

structure that is locked, capable of preventing the

entry of the general public, including children,

capable of preventing the escape of the animal, and

clearly marked as containing a dangerous animal. The

specifications for containment are outlined in the

standard operating procedures of the department and

subject to approval by the Animal Control Director

and the County Manager.

(B) Investigation. Any complaint regarding a

dangerous animal as defined within this chapter,

whether reported by a citizen, or at the animal control

officer's own instigation, shall be investigated.

Investigative reports relative to these allegations shall

include all information as stated in the department

policies and procedures manual.

(1) Based on the findings of an

investigation regarding a suspected dangerous animal,

the investigating officer shall make a full report to the

Animal Control Director. The Animal Control

Director shall make a determination to:

(a) Declare the animal dangerous and

notify the owner or custodian of that finding; or

(b) Close the case citing insufficient

evidence to conclusively deem the animal dangerous

at this time. Closing a case shall not prevent the case

from being reopened in the future.

§ 90.069

(2) Notification to an owner or custodian

that his or her dog has been declared dangerous shall

include the following information;

(a) The owner or custodian has a right

to appeal a declaration;

(b) The amount of time for filing an

appeal;

filing the appeal;

(d) Anoutline for the requirements for

compliance if the animal is to remain at the residence;

(e) The amount of time for the owner

or custodian to accomplish full compliance in order to

keep the animal;

(f) The actual date of deadline for

compliance; and

(g) A copy of the dangerous animal

section of this chapter, in its entirety.

(D) Necessary impoundment.

(1) If the Animal Control Director, or his

or her designee, determines that any owner or

custodian cannot sufficiently contain his or her

accused animal during the process of appeal, or the

required 30-day period for compliance under this

chapter, a warrant to seize the animal shall be sought

pursuant to the applicable judicial process.

(2) An animal seized under this chapter

shall be humanely and securely held at the county

animal contro] shelter or authorized secure facility

until the time as the owner or custodian complies with

all requirements, or the owner or custodian has

exhausted all rights to appeal, or otherwise directed by

a court of competent jurisdiction. The confinement

shall be at the expense of the owner or custodian.

Valencia County - General Regulations 12

(E) Hearing.

(1) An owner or custodian, whose animal

has been seized by animal control under division (D)

above, shall be entitled to a hearing, to be held not

later than the thirtieth day after the date on which the

animal was seized unless otherwise directed by the

court.

(2) This hearing shall be held in the court

issuing the warrant, or in any other court of competent

jurisdiction for the purpose of appealing the dangerous

animal declaration.

(F) Redemption.

(1) An animal that has been seized by

animal control and declared dangerous, and that

declaration has been upheld by the courts, if appealed,

shall be returned to the owner or custodian only if the

owner or custodian has met all requirements, paid all

fees, and has established a secure enclosure in which

to house the animal that complies with regulations set

forth in the department policies and procedures

manual, as well as all requirements set forth in section

division (G) below.

(2) If the declaration has been reversed

through appeal, by a court of competent jurisdiction,

the animal shall be returned to its owner or custodian.

In this case, no fee will be charged to the owner or

custodian.

(3) No animal shall be returned to the

owner or custodian once an order has been received

by the courts to destroy the animal.

(G) Requirements for owners or custodians of

dangerous animals. Not later than the thirtieth day

after a person learns that he or she is the owner or

custodian of a dangerous animal, the person shall:

(1) Register the dangerous animal with

county animal control;

13 Animal Control

(2) Meet all requirements for keeping a

dangerous animal as set forth in this chapter;

(3) Obtain liability insurance in the amount

of at least $100, 000 to cover damages resulting from

an attack by the dangerous animal causing bodily

injury to a person and provide proof of the required

liability insurance coverage, or equal financial

responsibility, to the Animal Control Director;

(4) Provide a secure enclosure as set forth

in the department policies and procedures manual;

(5) The dangerous animal shall be

controlled at all times on a leash in the immediate

control of a responsible person capable of controlling

the animal when not within a secure enclosure as

specified herein; and

(6) Sterilize the animal.

(H) Prohibition. No person shall knowingly sell,

offer for sale, breed, or attempt to buy a dangerous

_ animal within the county.

(I) Removal to another jurisdiction. No person

shall remove an animal that has been declared

dangerous to another jurisdiction without the prior

knowledge and approval of the Animal Control

Director.

(J) Registration. The county animal control

shelter shall annually register a dangerous animal if

the owner or custodian:

(1) Presents:

(a) Proof of liability insurance or

financial responsibility as required by division (G)

above;

(b) Proof of current and valid rabies

vaccination of the dangerous animal;

animal taken within 6 months of application for

registration; and

§ 90.069

(d) Two photographs of the secure

enclosure in which the dangerous animal is kept.

(2) Has the secure enclosure re-inspected

by an animal control officer; and

(3) Pays an annual registration fee as set

forth in the duly adopted schedule of fees.

(K) Registration tag. Upon completion of the

requirements for registering a dangerous animal, the

animal control shelter shall provide to the owner or

custodian a specific registration tag. The owner or

custodian must place the tag on the animal's collar and

ensure that the animal wears the collar with the tag

attached, at all times.

(L) Moving to a new address. If an owner or

custodian of a registered dangerous animal moves to

anew address, within the same jurisdiction, the owner

or custodian, not less than 14 days after the date of the

move, shall notify the animal contro] shelter of his or

her new address.

(M) New ownership. If an owner or custodian of

a registered dangerous animal wishes to give the

animal to another person, relinquishing all further

ownership or custodianship, the new owner or

custodian shall be held to all standards formerly

required of the previous owner or custodian. The new

owner or custodian shall comply with all requirements

for registering the dangerous animal in his or her

name. An owner or custodian of a declared

dangerous animal shall notify animal control of any

attacks the dangerous animal makes on people.

(N) Vicious animals. The disposition of an

animal deemed vicious shall be adjudicated. If the

victim is a person, the animal must be seized and

impounded until a judgment has been made by the

court.

(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed

12-15-2004) Penalty, see § 90.999

§ 90.080 Valencia County - General Regulations 14

PERMITTED PREMISES

§ 90.080 PERMIT REQUIRED.

(A) No person shall operate a commercial

kennel/cattery, pet shop, humane society guard dog

site, hobby kennel/cattery or keep a dangerous animal

without a valid permit issued by the Animal Control

Director.

(B) A fine of $100 will be assessed for any

violations.

(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed

12-15-2004)

§ 90.081 PERMIT APPLICATIONS.

Persons who wish to apply for a permit shall file

on forms provided by the county. The applications

shall require information sufficient to assure the

Animal Control Director that the applicant and

facilities are adequate to care for the animals in a

manner that protects the public and the animals.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.082 PERMIT REQUIREMENTS;

EXPIRATION; RENEWAL.

(A) No permit is transferable from 1 person or

place to another person or place.

(B) A valid permit shall be posted in a

conspicuous place at each permitted premises.

County animal control center of any changes in

operations which may affect the status of the permit

and shall keep the center informed of all changes in

name, address, home and business telephone numbers.

(D) Both the person in charge of permitted

premises and the owner of the permitted premises

shall be responsible for complying with this chapter.

(E) At each permitted premises, except hobby

kennels, a current record shall be kept which

describes all animals owned, purchased or received,

and the final disposition of each animal.

(F) (1) Permits shall expire 1 year after the

date of issuance of the permit.

(2) An application for renewal,

accompanied by a current certificate of inspection

issued by the Animal Control Director, shall be filed

at the center 30 days before the date of expiration.

(2) Failure to renew permits as specified

shall result in the expiration of the permit, or in the

assessment of a late fee of $10 in addition to the cost

of renewing the permit.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.083 FACILITIES AND CARE APPLICABLE

TO KENNEL/CATTERY PERMIT.

Dog and/or cat housing facilities must be

structurally sound and shall be constructed of

non-toxic materials. The facility shall be maintained

in good repair and kept clean and sanitary at all times

so as to protect animals from disease and injury.

Animals maintained in pens, cages or runs for periods

exceeding 24 hours must be provided with adequate

space for exercise, to prevent overcrowding, and to

permit adequate ventilation and temperature control to

provide for the animals comfort and health. Sufficient

lighting shall be provided by either natural or artificial

means. If outside housing is provided, it must be

sufficient to protect the dog and/or cat from sunlight,

rain, snow or cold weather detrimental to the animal's

health. Disposal facilities shall be provided and

operated so as to minimize vermin infestation, odors

and disease hazards. Animals shall be provided with

sufficient fresh clean and wholesome food and water.

Food and water containers must be kept clean. Every

animal kept in a kennel must be observed daily and

diseased or injured animals must be provided with

veterinarian care.

(Ord. passed 6-23-1997) Penalty, see § 90.999

15 Animal Control

§ 90.084 ACCESS TO PERMITTED PREMISES.

A certified animal control officer shall be allowed

to enter a permitted premise, following proper

notification of permit holder or applicant, for the

purpose of inspection prior to issuance of permit,

renewal of permit, or for investigation of complaint as

specified in § 90.017 of this chapter.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.085 SUSPENSIONS, REVOCATION OF

PERMITS.

(A) (1) When the County Manager discovers

that a permitted premises is in violation of this

chapter, he or she shall give notice of this violation to

the permit holder, operator or person in charge by

means of an inspection report or other written notice.

(2) The notification shall state that failure

to comply with the inspection report issued in

accordance with the provisions of this chapter may

result in immediate suspension or revocation of the

permit.

(B) (1) Permits may be suspended for 30 days

to allow permit holder to comply with the

requirements of this chapter or other applicable laws,

ordinances or regulations.

(2) Permits may be revoked for serious or

repeated violations of the requirements of this chapter,

or for violation of other applicable laws, ordinances or

regulations. A permit shall be revoked for a minimum

of 1 year. The permit shall be surrendered to the

Animal Control Director upon suspension or

revocation.

(3) (a) A person whose permit has been

suspended may apply for an inspection of the premises

for the purpose of reinstating the permit by filing an

additional application for a permit at the shelter on the

form required by the County Manager.

(b) Within 5 working days after the

shelter receives the application, an animal control

officer shall make an inspection.

§ 90.087

(4) If the applicant and the site are in

compliance with the requirements of this chapter and

all other applicable laws, regulations and ordinances,

the permit shall be reinstated.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.086 GUARD DOG SITE.

(A) Guard dog permit. A person who wishes to

use a guard dog shall first obtain a guard dog permit.

(B) Guard dog housing.

(1) In addition to the facilities and care

standard requirements for permitted premises set forth

elsewhere in this chapter, the area where the guard

dog is housed, while not on duty, shall be secured in

a manner which will prevent their escape.

(2) The off-duty housing area shall be kept

locked when not in use.

(3) (a) Guard dog premises shall be posted

with warning signs at least 12 inches long on each

side.

(b) The warning signs shall state

"Guard Dog" or "Guardian" and shall show a picture

of an aggressive dog.

not more than 200 feet apart on the exterior of the

fences or walls surrounding the site, and shall be

posted at all exterior corners of the site and every

entrance to the site.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.087 EXCEPTIONS TO PERMITTED

PREMISES.

The following are not required to obtain a permit:

(A) A veterinarian hospital or clinic operated by

a licensed veterinarian;

(B) A bona fide research institution, using

animals for research; or

§ 90.087 Valencia County - General Regulations

shelter.

(Ord. passed 6-23-1997)

CLAUSES

§ 90.100 ANNUAL FEE ADJUSTMENT.

All fees included in this chapter will be reviewed

annually to consider changes in the cost of providing

services and related increases or decrease in fees,

subject to the approval of the Board of County

Commissioners.

(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed

12-15-2004)

§ 90.101 PERJURY CLAUSE.

It is unlawful for any person to make any false

affidavit, or knowingly swear to any document, matter

or thing required to be sworn to or affirmed by the

terms of Valencia County Animal Control Chapter.

(Ord. passed 6-23-1997) Penalty, see § 90.999

§ 90.999 PENALTY.

(A) Any person who violates any of the

provisions of the Animal Control Chapter shall be

deemed guilty of a misdemeanor.

(B) Each violation of this chapter shall be

punishable by a fine of no more than $300, and/or

imprisonment for no more than 90 days, or both;

exceptions being those sections which carry a separate

fine or penalty for the offense stated.

(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed

12-15-2004)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.